Repairs. LANDLORD shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Repairs. LANDLORD shall In the event of a property loss which may be responsible for all structural components, including roof, building envelope, and foundation, and all common areas repaired within one hundred eighty (180) days from the date of the Buildingdamage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall perform such maintenance and forthwith undertake to make such necessary repairs so to reconstitute the Leased Premises to as near the condition as existed prior to continue to provide all such service appurtenances the property loss as are required by this Lease Agreement, provided, however, that LANDLORD practicable. Landlord shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Minimum Monthly Rent and maintain Additional Rent following the property loss and until the time the Leased Premises are restored. Such reduction shall be based on the degree of impairment of Tenant’s ability to conduct business at the Leased Premises in the same manner as it conducted its business before the casualty. So long as Tenant conducts its business in the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD there shall provide janitorial services and supplies to be no abatement until the Leased Premises and common areas of parties agree on the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impracticalamount thereof. If the snow parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and ice removal is not completed Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by 6:30 a.m.Tenant or subsequently undertaken by Tenant, LANDLORD will make every effort but shall include solely that property constructed by Landlord prior to complete commencement of the snow removal as soon as possibleTerm hereof. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises Premises, Building and/or Complex requires that any insurance proceeds be applied to TENANT in a clean and sanitary condition with all systemssuch indebtedness, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT then Landlord shall have the right at its own expense to hire an architect terminate this Lease by delivering written notice of termination to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises Tenant within fifteen (15) days after such requirement is less than what LANDLORD has calculatedmade by any such holder, Rent due under whereupon this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to end on the date of such damage as if the date of such damage were the date originally fixed in this Lease setting forth for the newly calculated Rent amount and adjustments as set forth in Section 4 a.expiration of the Term.
Appears in 3 contracts
Sources: Sublease Agreement (Atara Biotherapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.)
Repairs. LANDLORD The Landlord warrants that all mechanical, electrical and HVAC systems in the Premises are in good working order, subject to normal wear and tear, as of the Effective Date. Landlord shall make all necessary repairs and replacements to the building in which the demised premises are located, and to the common areas and electrical systems located therein, and Landlord shall also make all repairs to the demised premises which are structural in nature or required due to fire, casualty or other act of God; provided, however that Tenant shall make all repairs and replacements arising from its act, neglect or default. Tenant shall keep the demised premises in good repair, and Tenant shall upon the expiration of the term of this Lease, yield and deliver up the demised premises in like condition as when taken, reasonable use and wear thereof and repairs required to be made by Landlord excepted. In the event that the Landlord shall deem it necessary or be required by any governmental authority to alter, repair, remove, reconstruct or improve any part of the demised premises or of the building in which the demised premises are located (unless the same result from Tenant’s act, neglect, default or mode of operation in which event Tenant shall make all such repairs, alterations and improvements), then the same shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of made by the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, providedLandlord with reasonable dispatch, however, that LANDLORD such obligation of Tenant shall not be extend to maintenance, repairs or replacements necessitated by the intentional wrongdoing or gross negligence of Landlord. If all or part of the Premises are unfit for occupancy by reason of: 1) damage or destruction for which the Tenant is not responsible hereunder; or 2) repairs, alterations, or improvements commenced by Landlord if it deems necessary in its sole discretion or if required by governmental authority, the Base Rent from the date the Premises are unfit for repairs upon implements or articles which occupancy until the Premises are the personal property of TENANT. LANDLORD fit for occupancy will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies abated in proportion to the Leased Premises and common areas ratio that the portion of the BuildingPremises that is unfit for occupancy bears to that portion of the Premises that is fit for occupancy. Snow Removal: LANDLORD shall keep the public sidewalks adjacent If repairs, improvements, alterations, reconstruction, etc. to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must Premises cannot be completed by 6:30 a.m.within ninety (90) days, unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m.Tenant may, LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systemsat its option, services, appurtenances, and leasehold improvements (if applicable) included within the scope of terminate this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional Landlord shall immediately refund to Tenant all unearned rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or charges paid in advance by Tenant to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Landlord.
Appears in 3 contracts
Sources: Commercial Lease Agreement (Amesite Operating Co), Commercial Lease Agreement (Amesite Inc.), Commercial Lease Agreement (Amesite Inc.)
Repairs. LANDLORD shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas In the event of a breakdown of the Buildingelectrical or mechanical systems, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for repairs upon implements or articles which are replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the personal property of TENANT. LANDLORD toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be responsible to repair and maintain the Leased SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, including interior wallswithout LANDLORD’s prior written approval and shall, ceilingsupon termination of tenancy, windows remove any alterations and doors. Janitorial Service: LANDLORD shall provide janitorial services decorating and supplies restore the Premises to the Leased Premises same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and common areas tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Premises.
Appears in 3 contracts
Sources: Sub Lease/Rental Contract, Sub Lease/Rental Contract, Sub Lease/Rental Contract
Repairs. LANDLORD Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the 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, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for all repairs to the exterior walls, foundation and roof of the Building, the structural components, including roof, building envelope, and foundation, and all common areas portions of the floors of the Building, and shall perform the base building systems and equipment of the Building, except to the extent that such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, due to the negligence or willful misconduct of Tenant; provided, however, that LANDLORD if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be responsible for repairs upon implements required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies additions to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition 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 all rights under and benefits of walls separating the Leased Premises from other tenant space or common area space. If more than 50% subsection 1 of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, Section 1932 and utility Sections 1941 and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement 1942 of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculatedCalifornia Civil Code or under any similar law, Rent due under this Lease shall be adjusted accordingly. In that casestatute, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth or ordinance now or hereafter in Section 4 a.effect.
Appears in 3 contracts
Sources: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)
Repairs. LANDLORD shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. LEASEHOLD IMPROVEMENTS. LANDLORD shall complete all of the Work as described on Exhibit D in or for the Leased Premises in accordance with TENANT’s approved Construction Plans and Specifications as set forth in Exhibit C, “Work Letter” (“Landlord’s Work”). All LANDLORD’’s Work shall conform to the Building Performance Specifications and Standards set forth in Exhibit B. Such Landlord’s Work will also be referred to as the “Leasehold Improvements.” DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Repairs. LANDLORD (a) Landlord shall be responsible for perform all structural componentsmaintenance, including replacements and repairs necessary to maintain the roof, building envelopeload bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and foundationsimilar floor coverings), foundations and all common areas other structural elements of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, ; provided, however, that LANDLORD Landlord shall not be responsible obligated for any of such repairs upon implements or articles which are until the personal property expiration of TENANTa reasonable period of time after written notice that such repair is needed. LANDLORD will The cost of same shall be responsible to repair and maintain included in the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies Operating Expenses to the Leased Premises and common areas extent provided in Section 3(a)(iii) unless the necessity for any of the Buildingforegoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building Any such maintenance, replacements or repairs and any sidewalks labor performed or stairways leading from materials furnished by or upon the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must direction of Landlord shall be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT performed in a clean good and sanitary condition with all systemsworkmanlike manner, services, appurtenancesusing only materials of at least the same quality and integrity as that being repaired or replaced, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect performed and in good running order and that are furnished in compliance with all applicable laws, ordinancesregulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and regulations the requirements of any governmental authority board of underwriters having jurisdictionjurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, includingTenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Americans Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or conduits at the Building; (ii) to the glass windows, plate glass doors, and any fixtures or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with Disabilities Acta reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. EXPANSION SPACE In If the event TENANT leases Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any additional space elsewhere labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timerequirements of any board of underwriters having jurisdiction thereof, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is loweras well as any reasonable regulations imposed by Landlord pertaining thereto. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area Without limitation of the Leased Premises shall match the following standardforegoing, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANTrepairs in a manner which will keep at a minimum Landlord’s architect determines that the area interference with Tenant’s use and occupancy of the Leased Premises is less than what LANDLORD has calculatedSpace, Rent due under this Lease Landlord shall not be adjusted accordingly. In that caseliable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, LANDLORD and TENANT shall enter into an amendment alterations, additions or improvements in or to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 3 contracts
Sources: Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Isolagen Inc)
Repairs. LANDLORD Sublessee shall promptly make all repairs to the Subleased ------- Premises not required to be responsible made by Master Landlord pursuant to the Master Lease, including, but not limited to special items and equipment installed by or on behalf of Sublessee. Sublessee shall pay for all structural componentsany repairs to the Subleased Premises or the Building made necessary by any act, including roofneglect, building envelopemisuse or omission of duty by Sublessee or its assignees, subtenants, employees, invitees or their respective agents or other persons permitted in the Subleased Premises or on any other portion of the Building by Sublessee, or any of them, and foundationwill maintain the Subleased Premises, and all common areas will leave the Subleased Premises upon termination of this Sublease, in a safe, clean, neat and sanitary condition. If Sublessee fails to maintain the BuildingSubleased Premises in good order, condition and repair, Sublessor shall give Sublessee notice to do such acts as are reasonably required to so maintain the Subleased Premises. If Sublessee fails to promptly commence such work and diligently prosecute it to completion, Sublessor shall have the right to do such acts and expend such funds at the expense of Sublessee as are reasonably required to perform such work. Prior to commencing any item of repair or maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles work which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent is connected to the Building and or may affect any sidewalks or stairways leading from the public sidewalks to structural portion of the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements any of its basic systems (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, air conditioning, heating, plumbing, electrical, and light fixtures), Sublessee shall notify Master Landlord and Sublessor and obtain Master Landlord's and Sublessor's prior written approval of the Americans with Disabilities Actcontractor who will perform such work. EXPANSION SPACE In Master Landlord or Sublessor may elect to perform the required work at Sublessee's cost. All amounts payable by Sublessee to Sublessor pursuant to this Section 10 shall be paid as Additional Rent within ---------- ten (10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the parties hereto acknowledge and agree that Master Landlord shall remain responsible for the performance of all repairs expressly required to be performed by Master Landlord pursuant to the terms and conditions of the Master Lease ("Landlord's Repair Obligations"). Sublessee shall notify both Master Landlord and Sublessor in the event TENANT leases any additional space elsewhere that Master Landlord shall fail to perform Landlord's Repair Obligations. Upon such notification and in addition to such other rights and remedies Sublessor shall have under the BuildingMaster Lease, Sublessor shall either (i) take reasonable action under the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Master Lease Agreement at that timeto require Master Landlord to perform its obligations thereunder, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time(ii) permit Sublessee, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior wallswith Sublessor's reasonable cooperation, to enforce Master Landlord's repair obligations under the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Master Lease.
Appears in 2 contracts
Sources: Sublease Agreement (Ubid Inc), Sublease Agreement (Creative Computers Inc)
Repairs. LANDLORD (a) Sublessee shall make all repairs or replacements that Sublessor is required to make under the Prime Lease with respect to the Subleased Premises. To the extent Landlord makes any repair or replacement with respect to the Subleased Premises for which Sublessor is required to pay for all or any of the cost thereof, Sublessee shall, within thirty (30) days after rendition of a ▇▇▇▇ thereof by Sublessor from time to time, pay Sublessor for any such cost for which Sublessor is liable.
(b) Sublessor reserves the right to make any and all changes, alterations, additions, improvements, repairs or replacements to any and all pipes, wires, cables, ducts, conduits and other equipment used by Sublessor to provide to Sublessee any of the services provided by Sublessor to Sublessee pursuant to this Sublease, as Sublessor deems necessary or desirable, provided that in no event shall the level of any such service decrease in any material respect from the level required of Sublessor in this Sublease as a result thereof (other than temporary changes in the level of such services during the performance of any such work by Sublessor). Sublessor shall use reasonable efforts to minimize interference with Sublessee's use and occupancy of the Subleased Premises during the making of such changes, alterations, additions, improvements, repairs or replacements, provided that Sublessor shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Except as otherwise provided herein, there shall be responsible no abatement of Base Rent or any additional rent or allowance to Sublessee for all structural componentsa diminution of rental value, including roofno actual or constructive eviction of Sublessee, building envelopein whole or in part, no relief from any of Sublessee's other obligations under this Sublease, and foundationno liability on the part of Sublessor, and all common areas by reason of inconvenience, annoyance or injury to business arising from Landlord, Sublessor, Sublessee or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements Building or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Subleased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space fixtures, appurtenances or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.equipment therein.
Appears in 2 contracts
Sources: Sublease Agreement (Amicus Therapeutics Inc), Sublease Agreement (Amicus Therapeutics Inc)
Repairs. LANDLORD Tenant shall be responsible for all structural componentspromptly make, including roofat its sole cost and expense, building envelope, and foundation, any and all common areas of repairs necessary to maintain the Building, Premises and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair keep and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements mechanical systems therein (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans plumbing, electrical, security, cable and HVAC systems) and all landscaping and laws on the Premises in good repair, and in an orderly condition, consistent with Disabilities Actother similar buildings in or near the Location. EXPANSION SPACE Landlord shall assign to Tenant any warranties held by Landlord with respect to the portions of the Premises for which Tenant has repair or maintenance responsibility in accordance with this Lease. Without limiting the generality of the foregoing, Tenant shall make all repairs necessary to maintain the roof, foundation, exterior walls, interior structural walls, floor slabs (including floor coverings such as, without limitation, tiles or carpeting) and all other items which constitute a structural component part of the Buildings and to maintain the parking lots and driveways on the Premises. Tenant will commence such repairs described above promptly, but in all events no later than five (5) business days after receipt of notice by Landlord that such repair is needed, and shall diligently pursue such repairs to completion as soon as reasonably possible after commencement of the same. In the event TENANT leases any additional space elsewhere in of an emergency (imminent and serious danger to persons or property) or if Tenant fails to begin such repairs within five (5) business days following receipt of such written notice or fails to diligently pursue the Buildingsame to completion, and Landlord provides further written notice (a “Second Notice”) of such failure to Tenant, and Tenant fails to commence repairs within two (2) days after receipt of the rent for said space Second Notice or to diligently pursue repairs, Landlord shall be calculated at entitled to, but shall not be obligated to, make such repairs. Tenant shall pay Landlord within ten (10) days after written demand therefore the finished office space rate per square foot per year that is reasonable costs incurred by Landlord in effect connection with making such repairs. In no event shall Tenant be obligated under this Lease Agreement at that timeParagraph to repair any damage caused by any act, omission or at negligence of Landlord or its employees, agents, invitees, licensees, subtenants or contractors. The Tenant shall not have liability for failure to provide Tenant a notice of the publicly advertised rate per square foot per year need for similarly finished office space in the Building at that time, whichever is lowerany such repair. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased All repairs under this Lease Agreement. An amendment to this Lease Agreement Paragraph 6.1 shall be executed setting forth made in a proper and workmanlike manner and with the amount use of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.only first class materials.
Appears in 2 contracts
Sources: Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)
Repairs. LANDLORD shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas In the event of a breakdown of the Buildingelectrical or mechanical systems, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for repairs upon implements or articles which are replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the personal property of TENANT. LANDLORD toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be responsible to repair and maintain the Leased SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, including interior wallswithout LANDLORD’s prior written approval and shall, ceilingsupon termination of tenancy, windows remove any alterations and doors. Janitorial Service: LANDLORD shall provide janitorial services decorating and supplies restore the Premises to the Leased Premises same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and common areas tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Premises.
Appears in 2 contracts
Sources: Sub Lease/Rental Contract, Sub Lease/Rental Contract
Repairs. LANDLORD shall In the event of a property loss which may be responsible for all structural components, including roof, building envelope, and foundation, and all common areas repaired within one hundred twenty (120) days from the date of the Buildingdamage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19 .1 above, then this Lease shall continue in full force and effect and Landlord shall perform such maintenance and forthwith undertake to make such necessary repairs so to reconstitute the Leased Premises to as near the condition as existed prior to continue to provide all such service appurtenances the property loss as are required by this Lease Agreement, provided, however, that LANDLORD practicable. Landlord shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Minimum Monthly Rent following the property loss and maintain until the time the Leased Premises are restored. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. So long as Tenant conducts its business in the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD there shall provide janitorial services and supplies to be no abatement until the Leased Premises and common areas of parties agree on the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impracticalamount thereof. If the snow parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and ice removal is not completed Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord's obligations to restore shall in no way include any construction originally performed by 6:30 a.m.Tenant or subsequently undertaken by Tenant, LANDLORD will make every effort but shall include solely that property constructed by Landlord prior to complete commencement of the snow removal as soon as possibleTerm hereof. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises Premises, Building and/or Complex requires that any insurance proceeds be applied to TENANT in a clean and sanitary condition with all systemssuch indebtedness, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT then Landlord shall have the right at its own expense to hire an architect terminate this Lease by delivering written notice of termination to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises Tenant within fifteen (15) days after such requirement is less than what LANDLORD has calculatedmade by any such holder, Rent due under whereupon this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to end on the date of such damage as if the date of such damage were the date originally fixed in this Lease setting forth for the newly calculated Rent amount and adjustments as set forth in Section 4 a.expiration of the Term.
Appears in 2 contracts
Sources: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)
Repairs. LANDLORD Sublessee shall promptly make all repairs to the Subleased ------- Premises not required to be responsible made by Master Landlord pursuant to the Master Lease, including, but not limited to special items and equipment installed by or on behalf of Sublessee. Sublessee shall pay for all structural componentsany repairs to the Subleased Premises or the Building made necessary by any act, including roofneglect, building envelopemisuse or omission of duty by Sublessee or its assignees, subtenants, employees, invitees or their respective agents or other persons permitted in the Subleased Premises or on any other portion of the Building by Sublessee, or any of them, and foundationwill maintain the Subleased Premises, and all common areas will leave the Subleased Premises upon termination of this Sublease, in a safe, clean, neat and sanitary condition. If Sublessee fails to maintain the BuildingSubleased Premises in good order, condition and repair, Sublessor shall give Sublessee notice to do such acts as are reasonably required to so maintain the Subleased Premises. If Sublessee fails to promptly commence such work and diligently prosecute it to completion, Sublessor shall have the right to do such acts and expend such funds at the expense of Sublessee as are reasonably required to perform such work. Prior to commencing any item of repair or maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles work which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent is connected to the Building and or may affect any sidewalks or stairways leading from the public sidewalks to structural portion of the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements any of its basic systems (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, air conditioning, heating, plumbing, electrical, and light fixtures), Sublessee shall notify Master Landlord and Sublessor and obtain Master Landlord's and Sublessor's prior written approval of the Americans with Disabilities Actcontractor who will perform such work. EXPANSION SPACE In Master Landlord or Sublessor may elect to perform the required work at Sublessee's cost. All amounts payable by Sublessee to Sublessor pursuant to this Section 10 shall be ---------- paid as Additional Rent within ten (10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the parties hereto acknowledge and agree that Master Landlord shall remain responsible for the performance of all repairs expressly required to be performed by Master Landlord pursuant to the terms and conditions of the Master Lease ("Landlord's Repair Obligations"). Sublessee shall notify both Master Landlord and Sublessor in the event TENANT leases any additional space elsewhere that Master Landlord shall fail to perform Landlord's Repair Obligations. Upon such notification and in addition to such other rights and remedies Sublessor shall have under the BuildingMaster Lease, Sublessor shall either (i) take reasonable action under the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Master Lease Agreement at that timeto require Master Landlord to perform its obligations thereunder, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time(ii) permit Sublessee, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior wallswith Sublessor's reasonable cooperation, to enforce Master Landlord's repair obligations under the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Master Lease.
Appears in 2 contracts
Sources: Sublease Agreement (Ubid Inc), Sublease Agreement (Ubid Inc)
Repairs. LANDLORD Sublessee shall promptly make all repairs to the Subleased Premises not required to be responsible made by Master Landlord pursuant to the Master Lease, including, but not limited to special items and equipment installed by or on behalf of Sublessee. Sublessee shall pay for all structural componentsany repairs to the Subleased Premises or the Building made necessary by any act, including roofneglect, building envelopemisuse or omission of duty by Sublessee or its assignees, subtenants, employees, invitees or their respective agents or other persons permitted in the Subleased Premises or on any other portion of the Building by Sublessee, or any of them, and foundationwill maintain the Subleased Premises, and all common areas will leave the Subleased Premises upon termination of this Sublease, in a safe, clean, neat and sanitary condition. If Sublessee fails to maintain the BuildingSubleased Premises in good order, condition and repair, Sublessor shall give Sublessee notice to do such acts as are reasonably required to so maintain the Subleased Premises. If Sublessee fails to promptly commence such work and diligently prosecute it to completion, Sublessor shall have the right to do such acts and expend such funds at the expense of Sublessee as are reasonably required to perform such work. Prior to commencing any item of repair or maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles work which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent is connected to the Building and or may affect any sidewalks or stairways leading from the public sidewalks to structural portion of the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements any of its basic systems (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, air conditioning, heating, plumbing, electrical, and light fixtures), Sublessee shall notify Master Landlord and Sublessor and obtain Master Landlord’s and Sublessor’s prior written approval of the Americans with Disabilities Actcontractor who will perform such work. EXPANSION SPACE In Master Landlord or Sublessor may elect to perform the required work at Sublessee’s cost. All amounts payable by Sublessee to Sublessor pursuant to this Section 9 shall be paid as additional rent within ten (10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the parties hereto acknowledge and agree that Master Landlord shall remain responsible for the performance of all repairs expressly required to be performed by Master Landlord pursuant to the terms and conditions of the Master Lease (“Landlord’s Repair Obligations”). Sublessee shall notify both Master Landlord and Sublessor in the event TENANT leases any additional space elsewhere that Master Landlord shall fail to perform Landlord’s Repair Obligations. Upon such notification and in addition to such other rights and remedies Sublessor shall have under the BuildingMaster Lease, Sublessor shall either (i) take reasonable action under the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Master Lease Agreement at that timeto require Master Landlord to perform its obligations thereunder, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time(ii) permit Sublessee, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANTwith Sublessor’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior wallsreasonable cooperation, to enforce Master Landlord’s repair obligations under the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Master Lease.
Appears in 2 contracts
Sources: Sublease Agreement (Ecost Com Inc), Sublease Agreement (Ecost Com Inc)
Repairs. LANDLORD If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the base, shell, and core of the Premises, the Common Areas and the portions of the Project serving the Premises. Such restoration shall be responsible to substantially the same condition of such items as prior to the casualty, except for all structural components, including roof, building envelope, and foundation, and all common areas modifications (a) required by Law; (b) required by the holder of a mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the Project. No such modifications shall perform materially impair access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of any leasehold improvements installed by Tenant (unless Landlord has elected to insure the same, in which case such maintenance repair shall be Landlord’s responsibility) and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD Tenant’s Property. Landlord shall not be responsible liable for repairs upon implements any loss of business, inconvenience, or articles which are annoyance arising from any repair or restoration of any portion of the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, or the rent Project as a result of any damage from any casualty. Following Landlord’s repair of the Premises, Tenant shall repair and restore any improvements installed by Tenant to substantially the same condition as prior to the casualty, except for said space modifications required by Law. All work by Tenant shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements subject to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as conditions set forth in Section 4 a.this Lease governing alterations and additions.
Appears in 2 contracts
Sources: Office Lease (Eargo, Inc.), Office Lease (Quality Systems Inc)
Repairs. LANDLORD shall be responsible for all structural componentsDuring the continuance of this Sublease, including roof, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD Subtenant shall keep the public sidewalks adjacent Subleased Premises and appurtenances in good order and repair; shall keep the Subleased Premises and appurtenances in a wholesome condition without charge or expense to Sublandlord; shall pay for all damages to the Building and any sidewalks or stairways leading from the public sidewalks as well as damages to the Building free from snowtenants or occupants thereof caused by any waste, ice misuse or neglect of said Subleased Premises, its apparatus or appurtenances; and debrisshall not make nor allow to be made any change, including alteration or addition, in, upon or to said Subleased Premises without the parking lotwritten consent of Sublandlord and Primary Landlord for that purpose first had and obtained. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow Upon the expiration or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort earlier termination of Subtenant's right to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area possession of the Leased Subleased Premises, Subtenant shall surrender to Sublandlord the Subleased Premises shall match the following standard, which shall be based in as good condition and repair as on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, reasonable wear and tear excepted, and all alterations, fixtures (other than Subtenant's trade fixtures) and improvements shall remain with, and become the TENANT property of, Sublandlord unless Subtenant is directed by Sublandlord in writing to remove the same prior to the expiration or termination of Subtenant's right to possession of the Subleased Premises. If Subtenant fails to leave the Subleased Premises in such condition, then Sublandlord shall have the right at its own expense to hire an architect repair and restore the same to determine such condition and Subtenant shall reimburse Sublandlord for the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.cost thereof plus fifteen percent (15%).
Appears in 2 contracts
Sources: Sublease Agreement (Privatebancorp Inc), Sublease Agreement (Privatebancorp Inc)
Repairs. LANDLORD Tenant shall be responsible for all structural componentspromptly make, including roofat its sole cost and expense, building envelope, and foundation, any and all common areas of repairs necessary to maintain the Building, Premises and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair keep and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements mechanical systems therein (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans plumbing, electrical, security, cable and HVAC systems) and all landscaping and laws on the Premises in good repair, and in an orderly condition, consistent with Disabilities Actother similar buildings in or near the Location. EXPANSION SPACE Landlord shall assign to Tenant any warranties held by Landlord with respect to the portions of the Premises for which Tenant has repair or maintenance responsibility in accordance with this Lease. Without limiting the generality of the foregoing, Tenant shall make all repairs necessary to maintain the roof foundation, exterior walls, interior structural walls, floor slabs (including floor coverings such as, without limitation, tiles or carpeting and all other items which constitute a structural component part of the Buildings and to maintain the parking lots and driveways on the Premises. Tenant will commence such repairs described above promptly, but in all events no later than five (5) business days after receipt of notice by Landlord that such repair is needed, and shall diligently pursue such repairs to completion as soon as reasonably possible after commencement of the same. In the event TENANT leases any additional space elsewhere in of an emergency (imminent and serious danger to persons or property) or if Tenant fails to begin such repairs within five (5) business days following receipt of such written notice or fails to diligently pursue the Buildingsame to completion, and Landlord provides further written notice (a “Second Notice”) of such failure to Tenant, and Tenant fails to commence repairs within two (2) days after receipt of the rent for said space Second Notice or to diligently pursue repairs, Landlord shall be calculated at entitled to, but shall not be obligated to, make such repairs. Tenant shall pay Landlord within ten (10) days after written demand therefore the finished office space rate per square foot per year that is reasonable costs incurred by Landlord in effect connection with making such repairs. In no event shall Tenant be obligated under this Lease Agreement at that timeParagraph to repair any damage caused by any act, omission or at negligence of Landlord or its employees, agents, invitees, licensees, subtenants or contractors. The Tenant shall not have liability for failure to provide Tenant a notice of the publicly advertised rate per square foot per year need for similarly finished office space in the Building at that time, whichever is lowerany such repair. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased All repairs under this Lease Agreement. An amendment to this Lease Agreement Paragraph 6.1 shall be executed setting forth made in a proper and workmanlike manner and with the amount use of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.only first class materials.
Appears in 2 contracts
Sources: Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)
Repairs. LANDLORD Landlord shall be responsible for all structural components, including roof, building envelope, maintain and foundation, repair the exterior of and the public portions of the Building and all common areas Building systems servicing the Demised Premises. Tenant shall, throughout the term of this lease, take good care of the Demised Premises including the windows and window frames and the fixtures, appurtenances and Improvements therein and at Tenant’s sole cost and expense promptly make all repairs thereto and to the Building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant’s servants, employees, invitees, or licensees. Tenant shall also repair all damage to the Building and the Demised Premises caused by the moving of Tenant’s fixtures, furniture or equipment. All the aforesaid repairs shall perform be of quality or class equal to the original work or construction. If Tenant fails, after ten (10) days notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible, as additional rent, after rendition of a ▇▇▇▇ or statement therefor. If the Demised Premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating system or electrical lines leading to the Demised Premises and following such maintenance and make such necessary notice, Landlord shall remedy the condition with due diligence, but at the expense of Tenant, if repairs so are necessitated by damage or injury attributable to Tenant, Tenant’s servants, agents, employees, invitees or licensees as to continue to provide all such service appurtenances as aforesaid. To the extent any plumbing, heating system or electrical lines or other like installations are required installed by this Lease AgreementTenant, provided, however, that LANDLORD Landlord shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible have no responsibility to repair and maintain the Leased Premisessame, including interior walls, ceilings, windows the repair and doorsmaintenance of said installations being Tenant’s sole responsibility. Janitorial Service: LANDLORD There shall provide janitorial services and supplies be no allowance to the Leased Premises Tenant for a diminution of rental value and common areas no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the Building. Snow Removal: LANDLORD shall keep Building or the public sidewalks adjacent Demised Premises or in and to the Building and any sidewalks fixtures, appurtenances or stairways leading from the public sidewalks equipment thereof. The provisions of this Article 4 with respect to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is making of repairs shall not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere apply in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount case of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters fire or other projections casualty with regard to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT which Article 9 shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.apply.
Appears in 2 contracts
Sources: Office Lease, Office Lease Agreement (Neutral Tandem Inc)
Repairs. TENANT agrees to:
a) immediately report to LANDLORD shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible any damages or needed repairs; and
b) pay for repairs upon implements or articles which are needed due to the personal property fault of TENANT or any of TENANT's family or guests. If TENANT or any occupant needs to send a notice or request— for example, for repairs, installations, services, ownership disclosure or security-related matter-- IT MUST BE SIGNED AND PROVIDED IN WRITING to LANDLORD’s designated representative (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). LANDLORD’s written notes on TENANT’s oral request do not constitute a written request from TENANT. LANDLORD’s compliance with or responding to any oral request regarding security or any other matters does not waive the strict requirement for written notices under this LEASE. TENANT must promptly notify LANDLORD in writing of: water leaks; mold; electrical problems; malfunctioning lights; broken or missing locks or latches; and other conditions that pose a hazard to property, health, or safety. LANDLORD may change or install utility lines or equipment serving the UNIT if the work is done reasonably without substantially increasing TENANT’s utility costs. LANDLORD may turn off equipment and interrupt utilities as needed to avoid property damage or to perform work. If utilities malfunction or are damaged by fire, water or similar cause, TENANT must notify LANDLORD’s representative immediately. If air conditioning or other equipment malfunctions, TENANT must notify LANDLORD’s representative as soon as possible on a business day. LANDLORD will be responsible act with customary diligence to repair make repairs and maintain the Leased Premisesreconnections, including interior wallstaking into consideration when casualty insurance proceeds are received. RENT will not ▇▇▇▇▇ in whole or in part. If LANDLORD believes in its sole judgment that damage is substantial, ceilingsor that performance of needed repairs poses a danger to TENANT, windows and doorsLANDLORD may terminate this LEASE without liability by giving TENANT at least five (5) days written notice. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks may also remove personal property if it causes a health or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impracticalsafety hazard. If the snow and ice removal LEASE is not completed by 6:30 a.m.so terminated, LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean refund prorated RENT and sanitary condition with all systemsdeposits, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.lawful deductions.
Appears in 2 contracts
Sources: Residential Lease Agreement, Residential Lease Agreement
Repairs. LANDLORD (a) Landlord shall have no liability for completing any maintenance or repairs to the Premises, or the Common Areas, except as expressly provided to the contrary in this Lease. Notwithstanding anything to the contrary contained herein, Landlord shall not be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of obligated to perform any repairs which are Prime Landlord’s obligations under the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as Prime Lease or are required by this Lease Agreementreason of acts, providedomissions or negligence of Prime Landlord or Tenant, howeveror the agents, employees, contractors, invitees or licensees of Prime Landlord or Tenant.
(b) Except with respect to maintenance that LANDLORD shall not be responsible for repairs upon implements or articles which are is Prime Landlord’s responsibility pursuant to the personal property of TENANT. LANDLORD will be responsible to repair Prime Lease, Tenant shall, at its sole cost and expense, continuously keep and maintain in good order, condition and repair the Leased Premises and every part thereof, including but not limited to those Building systems or components thereof which exclusively serve the Premises. Tenant shall, at its sole cost and expense, repair all damage to the Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at Common Areas or the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timeProperty caused by the activities of Tenant, its employees, invitees or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that timecontractors promptly following written notice from Landlord or Prime Landlord to so repair such damages, whichever is lower. LANDLORD shall provide improvements subject to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount waiver of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as subrogation set forth in Section 4 a.12 below. If Tenant fails to comply with any term or condition of this Section (9) beyond any applicable notice and cure period, either Prime Landlord or Landlord may, but need not, make such repairs and replacements or otherwise correct or cure such failure, and Tenant shall pay Prime Landlord or Landlord (as the case may be) the cost thereof, plus 10% of the cost thereof to reimburse it for all overhead, general conditions, fees and other costs or expenses arising from its involvement with such repairs, replacements, correction or cure forthwith upon being billed therefor. Prime Landlord and/or Landlord may, but shall not be required to, enter the Premises at all reasonable times upon reasonable notice (except in an emergency when no notice shall be required) to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as Prime Landlord or Landlord (as the case may be) shall deem necessary or appropriate, or as Prime Landlord or Landlord (as the case may be) may be required to do by governmental authority or court order or decree. Tenant shall not be obligated to perform any repairs which are Prime Landlord’s obligations under the Prime Lease, are required by reason of the willful acts or gross negligence of Landlord, or the agents employees, invitees or licensees of Landlord.
Appears in 1 contract
Sources: Office Sublease (Ooma Inc)
Repairs. LANDLORD shall In the event of a property loss which may be responsible for all structural components, including roof, building envelope, and foundation, and all common areas repaired within one hundred eight (180) days from the date of the Buildingdamage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall perform such maintenance and forthwith undertake to make such necessary repairs so to reconstitute the Leased Premises to as near the condition as existed prior to continue to provide all such service appurtenances the property loss as are required by this Lease Agreement, provided, however, that LANDLORD practicable. Landlord shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Minimum Monthly Rent following the property loss and maintain until the time the Leased Premises are restored. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. So long as Tenant conducts its business in the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD there shall provide janitorial services and supplies to be no abatement until the Leased Premises and common areas of parties agree on the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impracticalamount thereof. If the snow parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and ice removal is not completed Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by 6:30 a.m.Tenant or subsequently undertaken by Tenant, LANDLORD will make every effort but shall include solely that property constructed by Landlord prior to complete commencement of the snow removal as soon as possibleTerm hereof. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver Notwithstanding anything to the contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises Premises, Building and/or Complex requires that any insurance proceeds be applied to TENANT in a clean and sanitary condition with all systemssuch indebtedness, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT then Landlord shall have the right at its own expense to hire an architect terminate this Lease by delivering written notice of termination to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises Tenant within fifteen (15) days after such requirement is less than what LANDLORD has calculatedmade by any such holder, Rent due under whereupon this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to end on the date of such damage as if the date of such damage were the date originally fixed in this Lease setting forth for the newly calculated Rent amount expiration of the Term. If Landlord elects to make repairs and adjustments as set forth in Section 4 a.such repairs are not completed within 270 days following the date of the fire or other casualty and such fire or casualty was not caused by the gross negligence or willful misconduct of Tenant or any of Tenant’s Parties, then Tenant may elect to terminate this Lease upon written notice to Landlord within the earlier of fifteen (15) days (i) after notice from Landlord that the work will not be completed within such 270-day period, or (ii) after the expiration of such 270-day period but prior to completion of such work.
Appears in 1 contract
Repairs. LANDLORD Supplementing Articles 4, 13 and 49:
A. Except in the event of an emergency, Landlord shall not perform any obligation of Tenant under this Lease nor incur any expenditure for such purpose until it has first notified Tenant of its intention to do so and the applicable grace or cure period pursuant to Article 17 has expired. Except in the event of an emergency, Tenant shall not perform any obligation of Landlord under this Lease nor incur any expenditure for such purpose until it has first notified Landlord of its intention to do so and the applicable grace or cure period provided in this Lease has expired.
B. If Landlord fails to perform any material obligation under this Lease, and such failure can be cured by the performance of work solely within the demised premises, Tenant may notify Landlord of such failure. If Landlord fails to cure such failure within thirty (30) days after receipt of such notice (or such longer period as may be necessary to cure such failure by reasonably diligent efforts or as may be necessitated by causes beyond Landlord's control), Tenant thereafter may perform such work for, and on behalf of, Landlord. In such event, Tenant shall furnish Landlord with reasonable substantiation of its expenditures for such purpose and Landlord shall, within fifteen (15) days thereafter, reimburse Tenant for the reasonable expenditures so incurred by Tenant. This subparagraph does not apply to damage by fire or other casualty which is covered by Article 48 or to circumstances covered by Article 53
C. Tenant shall not be required to make any repairs if such repairs are necessitated by Landlord's improper conduct, omissions or negligence.
D. In the event Landlord is reimbursed by its insurance carrier for the cost of any work paid for by Tenant, Landlord shall remit the amount so received to Tenant (lees the cost of collection thereof), but in no event to exceed the sum actually paid by Tenant for such work. This subparagraph shall not apply to reimbursement of costs incurred by Landlord to repair or remedy the effects of Tenant's improper conduct, omissions or negligence.
E. Any failure by Tenant to notify Landlord of the need for repairs which Landlord is required to perform pursuant to this Lease shall not relieve Landlord of its obligation to perform such repairs if Landlord otherwise receives actual knowledge thereof.
F. Landlord's right to enter the demised premises and its access thereto to perform work and make repairs (except in the event of an emergency, in which event such right and access shall be responsible for all structural componentsunrestricted) and to erect and maintain pipes and conduits therein shall be subject to the following conditions:
(1) Any pipes or conduits so installed shall, including roofwhere practicable, building envelopebe concealed under floors, and foundationbehind walls, and all common in the ceiling or in closets, but this shall not be required in areas where Tenant-installed pipe or conduit is exposed or areas not yet improved by Tenant.
(2) Landlord shall give Tenant reasonable advance notice of the Building, and shall perform such maintenance and make such necessary repairs proposed entry or access so as to continue enable Tenant to provide have a representative present on all such service appurtenances as occasions if Tenant wishes to do so;
(3) Landlord shall perform all work, make all repairs and install all pipes and conduits in a workmanlike manner and in a manner designed to minimize interference with Tenant's normal business operations (although Landlord shall not thereby be required to incur overtime or other additional expense to do so unless Tenant requests Landlord to do so, contractors or mechanics to perform such overtime work are required by this Lease Agreementreasonably available, providedand, howeverpromptly upon demand, that LANDLORD Tenant pays or reimburses Landlord for such expense);
(4) Upon the completion of such work, repairs and installations, the usable area of any floor of the demised premises shall not be responsible for repairs upon implements or articles which are materially reduced thereby and the personal property affected portions of TENANT. LANDLORD will be responsible the demised premises shall have been restored to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies substantially their condition immediately prior to the Leased Premises and common areas performance of such work, repairs or installations;
(5) The demised premises shall not be used by Landlord for the Building. Snow Removal: LANDLORD shall keep staging of work, or for the public sidewalks adjacent to the Building and any sidewalks storage of materials or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere equipment for work on floors in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises demised premises (unless required by law or unless it is impossible otherwise to do such work, in either of which events Landlord shall be excluded. Restroomsuse its best efforts to expedite such work and to minimize interference with Tenant's normal business operations; and
(6) Notwithstanding anything contained in this Lease, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT Landlord shall have the unlimited right at its own expense to hire an architect enter the demised premises, with or without notice, to determine inspect, adjust, maintain and repair the actual measurement pipes, conduits, risers, electrical bus ducts, shut-off valves, condensate pumps and other pumps that are located within the demised premises but serve Landlord or other occupants of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.building.
Appears in 1 contract
Sources: Lease Agreement (Impath Inc)
Repairs. TENANT agrees to:
a) immediately report to LANDLORD shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible in writing any damages or needed repairs; and
b) pay for repairs upon implements or articles which are needed due to the personal property fault of TENANT or any of TENANT's family or guests. If TENANT or any occupant needs to send a notice or request—for example, for repairs, installations, services, ownership disclosure or security-related matter—IT MUST BE SIGNED AND PROVIDED IN WRITING to LANDLORD’s designated representative (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). ▇▇▇▇▇▇▇▇’s written notes on TENANT’s oral request do not constitute a written request from TENANT. LANDLORD’s compliance with or responding to any oral request regarding security or any other matters does not waive the strict requirement for written notices under this LEASE. TENANT must promptly notify LANDLORD in writing of: water leaks; mold; electrical problems; malfunctioning lights; broken or missing locks or latches; and other conditions that pose a hazard to property, health, or safety. LANDLORD may change or install utility lines or equipment serving the UNIT if the work is done reasonably without substantially increasing TENANT’s utility costs. LANDLORD may turn off equipment and interrupt utilities as needed to avoid property damage or to perform work. If utilities malfunction or are damaged by fire, water, or other cause, TENANT must notify LANDLORD’s representative immediately. If air conditioning or other equipment malfunctions, TENANT must notify LANDLORD’s representative as soon as possible on a business day. LANDLORD will be responsible act with customary diligence to repair make repairs and maintain the Leased Premisesreconnections, including interior walls, ceilings, windows and doorstaking into consideration when casualty insurance proceeds are received. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks RENT will not ▇▇▇▇▇ in whole or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impracticalin part. If the snow and ice removal LANDLORD believes in its sole judgment that damage is not completed substantial, or that performance of needed repairs poses a danger to TENANT, LANDLORD may terminate this LEASE without liability by 6:30 a.m.giving TENANT at least five (5) days written notice. LANDLORD may also remove personal property if it causes a health or safety hazard. If this LEASE is so terminated, LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean refund prorated RENT and sanitary condition with all systemsdeposits, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.lawful deductions.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs. LANDLORD Sublessee shall promptly make all repairs to the Subleased Premises not required to be responsible made by Master Landlord pursuant to the Master Lease, including, but not limited to special items and equipment installed by or on behalf of Sublessee. Sublessee shall pay for all structural componentsany repairs to the Subleased Premises or the Building made necessary by any act, including roofneglect, building envelopemisuse or omission of duty by Sublessee or its assignees, subtenants, employees, invitees or their respective agents or other persons permitted in the Subleased Premises or on any other portion of the Building by Sublessee, or any of them, and foundationwill maintain the Subleased Premises, and all common areas will leave the Subleased Premises upon termination of this Sublease, in a safe, clean, neat and sanitary condition. If Sublessee fails to maintain the BuildingSubleased Premises in good order, condition and repair, Sublessor shall give Sublessee notice to do such acts as are reasonably required to so maintain the Subleased Premises. If Sublessee fails to promptly commence such work and diligently prosecute it to completion, Sublessor shall have the right to do such acts and expend such funds at the expense of Sublessee as are reasonably required to perform such work. Prior to commencing any item of repair or maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles work which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent is connected to the Building and or may affect any sidewalks or stairways leading from the public sidewalks to structural portion of the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements any of its basic systems (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, air conditioning, heating, plumbing, electrical, and light fixtures), Sublessee shall notify Master Landlord and Sublessor and obtain Master Landlord's and Sublessor's prior written approval of the Americans with Disabilities Actcontractor who will perform such work. EXPANSION SPACE In Master Landlord or Sublessor may elect to perform the required work at Sublessee's cost. All amounts payable by Sublessee to Sublessor pursuant to this Section 9 shall be paid as additional rent within ten (10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the parties hereto acknowledge and agree that Master Landlord shall remain responsible for the performance of all repairs expressly required to be performed by Master Landlord pursuant to the terms and conditions of the Master Lease ("Landlord's Repair Obligations"). Sublessee shall notify both Master Landlord and Sublessor in the event TENANT leases any additional space elsewhere that Master Landlord shall fail to perform Landlord's Repair Obligations. Upon such notification and in addition to such other rights and remedies Sublessor shall have under the BuildingMaster Lease, Sublessor shall either (i) take reasonable action under the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Master Lease Agreement at that timeto require Master Landlord to perform its obligations thereunder, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time(ii) permit Sublessee, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior wallswith Sublessor's reasonable cooperation, to enforce Master Landlord's repair obligations under the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Master Lease.
Appears in 1 contract
Sources: Sublease Agreement (Ecost Com Inc)
Repairs. LANDLORD THE Landlord and the Tenant covenant with each other that save where the building or other item of fixed equipment is identified as redundant in Part 4 of Schedule 6 or by subsequent agreement
5.1 The Tenant will put the Property into good repair and keep it in that condition.
5.2 The Landlord may serve written notice on the Tenant specifying works for which the Tenant is liable whereupon the Tenant is to execute all repairs works or replacements required and if the Tenant does not within two months of that service commence and thereafter proceed diligently with the execution of such repairs works or replacements the Landlord or any person authorised by them may enter upon the Property and execute such repairs and the cost thereof with interest at the Prescribed Rate from the date of expenditure by the Landlord to the date of payment by the Tenant shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of a debt due from the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies Tenant to the Leased Premises Landlord and common areas be forthwith recoverable by action.
5.3 The Tenant may serve written notice on the Landlord specifying works for which the Landlord is liable whereupon the Landlord is to execute all repairs works or replacements required and if the Landlord does not within two months of that service commence and thereafter proceed diligently with the Building. Snow Removal: LANDLORD shall keep execution of such repairs works or replacements the public sidewalks adjacent Tenant or any person authorised by them may execute such repairs and the cost thereof with interest at the Prescribed Rate from the date of expenditure by the Tenant to the Building and any sidewalks or stairways leading date of payment by the Landlord shall be a debt due from the public sidewalks Landlord to the Building free from snow, ice Tenant and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed forthwith recoverable by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.action.
Appears in 1 contract
Sources: Farm Business Tenancy Agreement
Repairs. LANDLORD The Tenant shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas take good care of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD fixtures therein and shall keep the public sidewalks adjacent Premises in good order, condition, and repair at the Tenant's expense during the term of this Lease, including the replacement of all interior broken glass. Exterior glass broken by the Tenant will be replaced by Landlord, at Tenant's sole cost and expense and the Tenant shall promptly pay the Landlord for the costs thereof as additional rent for glass of the same size and quality. If the Tenant does not make necessary repairs within a reasonable time and adequately, the Landlord may, but need not, make such repairs and the Tenant shall promptly pay the Landlord for the costs thereof as additional rent. On the expiration or early termination or cancellation of this Lease, the Tenant shall surrender the Premises and the Landlord's fixtures in as good condition as of the time of delivery to the Tenant, subject to reasonable wear and tear. All injury to the Building or fixtures caused by moving of the Tenant in and out of the Building and any sidewalks and all breakage or stairways leading from any other injury whatsoever to the public sidewalks Building, fixtures or to the property of any Tenants of the Building caused by the Tenant and any damage done by water, steam, electricity, fire, or other substance to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timefixtures, or at to the publicly advertised rate per square foot per year for similarly finished office space property of other Tenants in the Building caused by the Tenant may be repaired by the Landlord at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to expense of the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancyTenant, and the amount of additional rent that cost thereof shall be become due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based by the Leased Premises space calculation on an area measurement Tenant as additional rent upon the delivery of a statement of such costs by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring Landlord to the inside finished surface of exterior wallsTenant, or mailing the same, postage prepaid, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right Tenant at its own expense to hire an architect to determine the actual measurement of the area based on the above standardlast known address. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.15.
Appears in 1 contract
Sources: Lease Agreement (MFB Corp)
Repairs. LANDLORD shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD Licensee shall not be responsible for repairs commit waste upon implements or articles which are nor damage the personal property of TENANTboat slip. LANDLORD will be responsible to repair and Licensee shall maintain the Leased Premises, including interior walls, ceilings, windows boat slip and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT equipment contained therein in a clean and sanitary attractive condition. Upon termination of this License Agreement, Licensee shall surrender and deliver up the boat slip and its equipment attached thereto to BHA in the same (or better) condition with in which it existed at the commencement of this License Agreement, excepting ordinary wear and tear, damage arising from acts of God and damage required thereunder to be repaired by BHA. Upon the condition precedent that Licensee shall have given BHA written notice of the items needing repair, BHA will repair the mooring pilings, catwalk and bulkhead or pier forming or adjacent to the boat slip within a reasonable time after being so notified (except that if damage to any one of such structures is caused by one or more acts or omissions of Licensee, its guests or invitees, Licensee shall bear the cost of such repairs). BHA shall have the right, but not the obligation, to enter upon any part of the boat slip at all systems, services, appurtenancesreasonable hours to inspect same and to make repairs thereto, and leasehold improvements (if applicable) included within in connection with the scope making of repairs, to temporarily relocate any vessel moored therein. If BHA considers necessary any maintenance, cleaning or repairs required by the provisions of this Lease License Agreement to be made by Licensee, BHA may request Licensee to make such repairs or maintenance or perform such cleaning and, upon Licensee's failure or refusal to do so, within ten (10) days (or in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% case of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises emergency whether or not BHA shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public have requested or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4obtained Licensee's prior consent) square feet. Prior to the Commencement Date, the TENANT BHA shall have the right at its own expense (but no obligation) to hire an architect perform such maintenance or make such repairs whereupon Licensee shall, upon demand by BHA, be responsible to determine reimburse BHA for the actual measurement cost of such repairs. Any sum for which Licensee shall become liable to reimburse BHA shall be deemed to be a portion of the area based on boat slip fee due and owing by the above standardLicensee to BHA for purposes of determining BHA's remedies in the event of failure to pay such sum to BHA. If TENANT’s architect determines that Licensee shall make no additions or changes in and/or to the area pilings, the catwalk, the dock or bulkhead (and without limiting the generality of the Leased Premises is less than what LANDLORD has calculatedforegoing, Rent due under this Lease shall be adjusted accordingly. In that casenot install any lights, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth hoists, sheds, covers, storage lockers, nor other structures / items) without the newly calculated Rent amount and adjustments as set forth in Section 4 a.prior written consent of BHA.
Appears in 1 contract
Sources: License Agreement
Repairs. LANDLORD 10.01 Upon written notice from Tenant, Landlord will, during the term of the Lease, promptly repair or replace the following items in the Premises if and as necessary:
(a) Roof;
(b) Exterior walls; and
(c) HVAC; provided Tenant undertakes routine maintenance of the HVAC system using reputable, experienced, commercial contractors and the repair or replacement requires an expenditure in excess of $350.00 per occurrence. In the event Landlord incurs costs in excess of $350.00 for repairs or replacements of the HVAC pursuant to its obligation set forth herein, Tenant shall be responsible for all structural components, including roof, building envelopethe first $350.00 of the repair or replacement cost, and foundation, and all common areas of the Building, and Landlord shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs the remaining cost. Tenant's $350.00 portion of the repair or replacement cost for the HVAC shall be paid by Tenant to Landlord no later than thirty (30) days after Tenant has received an invoice therefor accompanied by reasonable supporting data detailing the basis for the charge. If any repair or replacement to the above items are necessitated by damage done by Tenant or its employees, agents or contractors, or if a repair or replacement is required to the HVAC as a result of Tenant not undertaking routine maintenance of the HVAC system using reputable, experienced, commercial contractors, the repair or replacement shall be undertaken by Landlord upon implements written notice from Tenant, and the cost of the repair or articles which are replacement shall be Tenant's sole responsibility. Tenant shall reimburse Landlord for the personal property of TENANTrepair or replacement cost no later than thirty (30) days after Tenant has received invoices therefor accompanied by reasonable supporting data detailing the basis for the charges. LANDLORD Any amounts not paid timely by Tenant will be responsible to repair additional rent due and payable on or before the next Rent Day, together with late charges and interest as provided in Section 5 hereof.
10.02 Tenant covenants and agrees that it will, at its own expense, during the term of this Lease, keep and maintain the Leased Premisesremainder of the Premises and every part thereof including without limitation, including the items listed on the attached Exhibit B after Landlord has completed Landlord's Improvements and Repairs to such items; routine maintenance of the HVAC system; repairs or replacements to the HVAC which do not exceed $350.00 per occurrence; the interior of all walls, ceilingsthe doors, door frames, the window glass, casings, window frames, windows (including all appliances, window appurtenances and doorsattachments thereto); all plate glass; the electrical, plumbing; and other mechanical systems and equipment and appurtenances thereto, in good order, condition and repair. Janitorial Service: LANDLORD Tenant further shall provide janitorial services keep and supplies to maintain the Leased Premises in a clean, sanitary and common areas safe condition in accordance with the laws of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snowState of Michigan, ice and debrisall directions, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, rules and regulations of any health officer, fire ▇▇▇▇▇▇▇▇, building inspector, or other proper officials of any governmental authority agencies having jurisdictionjurisdiction over the Premises, includingand the reasonable and customary requirements of Landlord's mortgagee, without limitationall at its full cost and expense. The maintenance and repair of the Premises shall also include, but shall not be limited to, cleaning, weed cutting and removal, ice, snow, water and rubbish clearance, security of the Americans Premises and upkeep of walkways, landscaping, parking facilities, driveways, drainage facilities and lighting facilities. At the expiration of the Lease Term, Tenant shall yield and deliver the Premises to Landlord in the like condition as when it was taken, except for reasonable use and wear, damage by casualty and condemnation, and will, at its own cost and expense, repair or pay the cost of restoration with Disabilities Actrespect to any damage to the Premises arising from the removal of any trade fixtures or similar items. EXPANSION SPACE Tenant shall have no rights of removal as to property affixed or otherwise placed on or in the building on the Premises by or at the expenses of Landlord, its predecessors, successors or assigns.
10.03 In the event TENANT leases Tenant refuses, neglects or fails to commence and complete any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements repairs to the expansion space comparable to Premises or maintain the improvements Premises as provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion spaceherein, the effective date of TENANT’s right of occupancyLandlord may, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense sole option, after written notice to hire an architect Tenant and Tenant's failure to determine cure the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.default within ten
Appears in 1 contract
Repairs. LANDLORD shall be responsible for Tenant shall, at Tenant's own expense, keep the Leased Premises in good order, repair and condition at all structural components, including roof, building envelopetimes during the Term, and foundation, Tenant shall promptly and adequately repair all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies damage to the Leased Premises and common areas of replace or repair all damaged or broken fixtures and appurtenances under the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent supervision and subject to the Building approval of Landlord within any reasonable period of time specified by Landlord. In addition, Tenant shall, at Tenant's expense, make all repairs, installations and any sidewalks or stairways leading from the public sidewalks additions to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systemsas may be required by any law, servicesordinance, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations regulation or ruling of any governmental authority having jurisdictionjurisdiction over the Leased Premises, including, without limitation, which is enacted after the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that Commencement Date or is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements specific to the expansion space comparable use to which Tenant puts the improvements provided to the space leased under this Lease AgreementLeased Premises. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion spaceIf Tenant does not do so, the effective date of TENANT’s right of occupancyLandlord may, but need not, make any repairs, replacements, installations, and additions which Tenant is obligated to make and Tenant shall pay Landlord the amount of additional rent that shall be due cost thereof, forthwith upon being billed for same. Landlord may also make repairs, installations and payable additions to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based or in the Leased Premises space calculation on an area measurement as Landlord shall desire or deem necessary, or as Landlord may be required to do by an architect governmental authority or professional qualified court order or decree. No such entry or repairs by Landlord shall be deemed or construed to measure interior building areas based on the following standard be a disturbance of measurement. For purposes of this Lease Agreement, the area Tenant's quiet or peaceable possession of the Leased Premises or of any rights of Tenant under this Lease. Landlord may, but shall match not be required to, enter the following standardLeased Premises at all reasonable times to make such repairs, which shall be based on measuring installations, alterations, improvements and additions to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls Leased Premises or to the centerline partition of walls separating Building or to any equipment located in the Leased Premises from other tenant space Building as Landlord shall desire or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.deem necessary.
Appears in 1 contract
Sources: Lease Agreement (Privatebancorp Inc)
Repairs. LANDLORD Owner shall maintain and repair the exterior of and the public portions of the buildings 5, Tenant shall, throughout the term of this lease, take good care of the demised premises including the bathrooms and lavatory facilities (if the demised premises encompass the entire floor of the building) and the windows and window frames and, the fixtures and appurtenances therein and at Tenant's sole cost and expense promptly make all repairs thereto and to the building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees, and whether or not arising from such Tenant conduct or omission, when required by other provisions of this lease, including Article 6. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be responsible for all structural componentsof quality or class equal to the original work or construction. If Tenant fails, including roofafter ten days notice, building envelopeto proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Owner at the expense of Tenant, and foundationthe reasonable expenses thereof incurred by Owner shall be collectable, and all common areas as additional rent, after rendition of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements a bill or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impracticalstatement thereof. If the snow demised premises be or become infe▇▇▇▇ with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Owner prompt noitce of any defective condition in any plumbing, heating system or electrical lines located in the demised premises and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete following such notice. Owner shall remedy the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systemsdue diligence, servicesbut at the expense of Tenant, appurtenancesif repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to the Tenant for a diminution of rental value and leasehold no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner, Tenant or others making or failing to make any repairs, alterations, additions or improvements (if applicable) included within in or to any portion of the scope building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. The provisions of this Lease Agreement in effect and in good running order and that are in compliance Article 4 with all applicable laws, ordinances, and regulations respect to the making of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere repairs shall not apply in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount case of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters fire or other projections casualty with regard to the building if each is less than four (4) square feetwhich Article 9 hereof shall apply. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Window Cleaning:
Appears in 1 contract
Sources: Lease Agreement (Access Integrated Technologies Inc)
Repairs. LANDLORD 14.1 The Lessee shall attend to all day to day routine repairs such as leakage of taps, fusing of bulbs, etc. (“Minor Repairs”) in the Demised Premises only at its own cost, as is required to keep the Demised Premises only in good and habitable condition, normal wear and tear and acts of god excepted.
14.2 The Lessor shall at its expense, maintain in good repair the Demised Premises, the Building and Common Areas and Facilities in the Schedule Property and shall at its own cost, and be responsible for all any major structural componentsrepairs, including but not limited to leakage of roof, building envelopedamage to the walls, bursting of water pipes or defective sewerage system in the Demised Premises and foundation, the Building (“Major Repairs”). Notice of all Major Repairs being undertaken by the Lessor in the Demised Premises shall be given to the Lessee and all common areas shall be undertaken with minimum disturbance to the Lessee or its occupation of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Demised Premises and common areas the same shall be subject to Lessee’s security control measures and access restrictions.
14.3 If the Lessor fails to perform, to cause to be performed or to commence any of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading Major Repairs within a period of 4 (four) weeks from the public sidewalks to date on which the Building free from snowLessor has notice of the defect, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make Lessee may withhold payment of Rent until the Lessor performs its obligations as set-out in this impracticalclause. If the snow and ice removal is not completed by 6:30 a.m.Lessor fails, LANDLORD will make every effort to complete perform, or to cause to be performed under this Clause 14.3, the snow removal same shall be treated as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope material breach of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitationDeed.
14.4 Further, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated Lessee may at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of option have such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right Major Repairs repaired at its own expense cost and the Lessor shall then be required to hire an architect to determine reimburse the actual measurement Lessee for the entire cost of performing those obligations within 15 (fifteen) days from the date of receipt of the area based on vendor’s invoice for such costs from the above standardLessee. If TENANT’s architect determines that the area of Lessor fails to reimburse the Leased Premises is less than what LANDLORD has calculatedLessee for those costs within the above-mentioned period, the Lessee may deduct those costs from the monthly Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment payable to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Lessor.
Appears in 1 contract
Sources: Lease Agreement (Amber Road, Inc.)
Repairs. LANDLORD (a) At its cost (which cost shall be responsible for an Operating Cost under Section 5 above), Landlord shall make all structural componentsrepairs necessary to maintain the plumbing, including roofheating, building envelopeventilating, air conditioning and foundationelectrical systems serving the Premises, windows, floors (except carpeting) and all common areas other structural portions of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease AgreementPremises, provided, however, that LANDLORD Landlord shall not be obligated to make any of such repairs until Landlord has received written notice from Tenant that such repair is needed. Landlord shall be responsible for repairs upon implements or articles which are the personal property maintenance and repair of TENANT. LANDLORD will all common areas and facilities in the Building provided that Tenant shall be responsible for the repair of any damage to repair the Premises or the Building common areas and facilities caused by the negligence or willful misconduct of Tenant or its agents, servants, employees, invitees, licensees, subtenants, or contractors.
(b) Except for Landlord's repairs under subsection (a) above, at its sole cost and expense, Tenant shall make all other repairs necessary to maintain and keep the Leased Premises and the fixtures therein in neat and orderly condition. If Tenant refuses or neglects to make such repairs, or fails to diligently prosecute the same to completion, after written notice from Landlord of the need therefor, Landlord may make such repairs at the expense of Tenant and such expense, along with a 15% service charge, shall be collectible as Additional Rent. At Tenant's expense, Landlord shall make all repairs to the light fixtures in the Premises, including interior walls, ceilings, windows installation of replacement bulbs and doors. Janitorial Service: LANDLORD ballasts.
(c) Landlord shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and not be liable for any sidewalks or stairways leading interference with Tenant's business arising from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations making of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere repairs in the BuildingPremises under subsection (a) above. Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business. No such repairs by Landlord shall ever be construed as an eviction, the rent actual or constructive, of Tenant, nor shall same cause any abatement of Base Rent or Additional Rent or in any manner or for said space shall be calculated at the finished office space rate per square foot per year that is in effect any purpose relieve Tenant from any of its obligations under this Lease Agreement at that timeunless Tenant is unable to use the Premises for the regular conduct of its business for more than five (5) consecutive business days. In such event and provided (1) Tenant or any of its employees, agents or at contractors did not cause the publicly advertised rate per square foot per year need for similarly finished office space in repairs and (2) Tenant provided Landlord with prompt notice of its inability to use the Building at that timePremises, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement Base Rent and Additional Rent shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation abated on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall a daily basis until occupancy is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.restored.
Appears in 1 contract
Sources: Office Lease (Cdnow N2k Inc)
Repairs. LANDLORD shall be responsible for all structural components, including roof, building envelopeA. The parties acknowledge and agree that Sublessee is subleasing the Subleased Premises on an "as is" basis, and foundationthat Sublessor has made no representations or warranties, and all common areas express or implied, with respect to the Subleased Premises, whatsoever, including, without limitation, any representation or warranty as to the suitability of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease AgreementSubleased Premises for Sublessee's intended use, provided, however, Sublessor hereby agrees that LANDLORD the roof membrane on the Master Premises shall be replaced at no cost to Sublessee within twelve (12) months following the Commencement Date. Sublessee shall, at its sole cost and expense, keep and maintain in good condition, repair and replace, the Subleased Premises and every part thereof (including, without limitation, improvements constructed by or for the benefit of Sublessee); provided, however, that Sublessee shall not be required to perform (i) any repair, maintenance or improvements to the heating, ventilating, air conditioning, electrical, water, sewer, and plumbing systems which do not exclusively serve the Subleased Premises, it being understood that Sublessor shall be responsible for the repair and maintenance of any building systems which serve the entire Master Premises (except as otherwise set forth in the Master Lease) and Sublessee shall be responsible for the repair and maintenance of any building systems which exclusively serve the Subleased Premises, or (ii) any maintenance or repair obligations to the Subleased Premises which are required to be performed by Sublessor under this Sublease or Master Lessor under the Master Lease. If any repair, maintenance or improvements are (i) required to be performed by Sublessor under the Master Lease and not required to be performed by Sublessee hereunder, or (ii) required to be paid for by Sublessor under the Master Lease (including, without limitation, the cost of repairs set forth in Section 18.C of the Master Lease and the cost of any maintenance contracts required to be carried by Sublessor under the Master Lease), Sublessee shall reimburse Sublessor for Sublessee's pro rata share of costs incurred by Sublessor to perform or to pay for the foregoing (collectively "Maintenance Expenses") within twenty (20) days after receiving an invoice therefor from Sublessor; provided, however, that Sublessee shall have no obligation to reimburse Sublessor for any Maintenance Expenses applicable to building equipment or systems exclusively serving any portion of the Master Premises other than the Subleased Premises and Shared Space. Notwithstanding anything to the contrary contained in this Sublease, Sublessor shall have no obligation to perform any repairs or any other obligation of Master Lessor required to be performed by Master Lessor under the terms of the Master Lease (including, without limitation Master Lessor's obligations under Articles 17, 24 and 25 of the Master Lease and Master Lessor's obligation to comply with laws) and Sublessee shall look solely to Master Lessor for performance of said obligations; provided, however, Sublessor shall request performance of the same in writing from Master Lessor promptly after being requested to do so by Sublessee, and shall use Sublessor's reasonable good faith efforts (provided Sublessee pays all costs incurred by Sublessor in connection therewith, unless the matter at issue also affects the portion of the Master Premises retained for the exclusive use of Sublessor, in which event Sublessee shall only be required to pay an equitable share of such costs as reasonably determined by Sublessor) to obtain Master Lessor's performance.
B. Notwithstanding anything to the contrary contained in this Sublease, (i) there shall be no abatement of Rent or liability of Sublessor on account of any (a) injury or interference with Sublessee's business (including loss of profits) with respect to any improvements, alterations or repairs made by Sublessor to the Subleased Premises or Master Premises or any part thereof or (b) the cessation of any utilities supplied to the Subleased Premises or the limitation, curtailment, rationing or restrictions required by and governmental authority on the use of water, electricity, or any other form of energy serving the Subleased Premises, and (ii) Sublessor shall not be responsible for repairs upon implements required by an accident, fire or articles which are other peril, or for damage caused to any part of the personal property Subleased Premises or Master Premises by any act, negligence or omission of TENANTSublessee or its agents, contractors, employees or invitees. LANDLORD will be responsible It is an express condition precedent to all obligations of Sublessor to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD Subleased Premises that Sublessee shall provide janitorial services and supplies to the Leased Premises and common areas have notified Sublessor of the Buildingneed for such repairs and maintenance, whereupon Sublessor shall promptly commence and diligently prosecute its repair obligations. Snow Removal: LANDLORD shall Sublessee hereby waives the benefits of any statute which would afford Sublessee the right to make repairs at Sublessor's expense including but not limited to Sections 1941 and 1942 of the Civil Code of California, or to terminate this Sublease because of Sublessor's failure to keep the public sidewalks adjacent to the Building and any sidewalks Subleased Premises or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Master Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order order, condition and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.repair.
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Sources: Sublease Amendment (Durect Corp)
Repairs. LANDLORD (a) Landlord shall, at its sole cost, make all necessary repairs to keep the exterior walls, foundation and structural frame of the Building and as part of Operating Costs perform all necessary repairs and maintenance to keep the roof and the Common Area, in good order and repair, excluding, however, all repairs which Tenant is obligated to make or pay for pursuant to this Section 8.1. Landlord agrees to exercise its rights under the existing roof warranty, which has been or will be transferred to the Landlord and which is attached hereto as Exhibit E. Tenant shall be responsible for all structural components, including give Landlord prompt notice of any defective condition in the roof, building enveloperoof membrane, any plumbing, heating system or electrical lines located in, servicing or passing through the Demised Premises and foundationfollowing such notice, Landlord shall use commercially reasonable efforts where practicable to initiate all repairs promptly and all common areas to remedy the condition with due diligence, subject to unavoidable delay, but at the expense of the BuildingTenant if repairs are necessitated by any act attributable to Tenant, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease AgreementTenant’s servants, agents, employees, invitees or licensees; provided, however, that LANDLORD no liability of Landlord to Tenant shall not accrue hereunder unless and until Tenant has given notice to Landlord of the specific repair to be responsible for repairs upon implements or articles which are made.
(b) Tenant, at its sole cost and expense, shall take good care of the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Demised Premises, including interior wallsall Building equipment and HVAC and other systems located therein and serving the Demised Premises and plate glass, ceilingsfloors, windows and doors, and Tenant’s property and fixtures. Janitorial Service: LANDLORD Tenant, at its expense, shall obtain a preventative maintenance contract on the HVAC system, the form and contractor under which shall be subject to Landlord’s reasonable approval. Tenant shall provide janitorial services Landlord with an executed copy of the preventative maintenance contract no later than ninety (90) days after the Commencement Date. The preventative maintenance contract shall provide for the inspection and supplies maintenance of the HVAC system on not less than a semi-annual basis. All repairs made by or on behalf of Tenant shall be made and performed in accordance with the provisions of Section 8.2 and shall be at least equal in quality and design to the Leased original construction of the Demised Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent If Tenant fails to the Building and any sidewalks or stairways leading from the public sidewalks proceed with due diligence to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must make repairs required to be completed made by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenancesTenant, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitationsuch failure shall continue for 10 days after notice from Landlord, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall same may be calculated made by Landlord at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount expense of such expansion space, the effective date of TENANT’s right of occupancy, Tenant and the amount of additional rent that so incurred by Landlord shall be due and payable paid to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement Landlord by an architect Tenant within 20 days after submission of a b▇▇▇ or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.statement therefor by Landlord.
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Repairs. LANDLORD Landlord shall be responsible for maintain all structural componentsof the demised Premises, including roof, building envelope, and foundation, and all common areas of excluding the Building, and shall perform such maintenance and make such necessary repairs so maintain the roof, exterior structural walls, foundation as to continue load bearing integrity, fire sprinklers, electrical panels, and HVAC system. All of Landlord's costs of maintenance shall be subject to provide all such service appurtenances as are required by this Lease Agreementreimbursement pursuant to paragraph 5 hereof. Tenant shall, providedat its sole cost, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair keep and maintain (including replacements if necessary) the Leased PremisesBuilding, including interior wallsand every part thereof (except as noted in the preceding paragraph) and all appurtenances in clean, ceilingsgood and sanitary order, windows condition and doors. Janitorial Service: LANDLORD shall provide janitorial services repair, and supplies Tenant expressly waives any and all rights it might otherwise have under the law to make repairs or replacements at the Leased Premises and common areas expense of the BuildingLandlord. Snow Removal: LANDLORD Tenant shall keep its sewers and drains (and use the same only for designated purposes) open and clear and shall keep the public sidewalks and Common Areas adjacent to the Premises clean and free of all debris. Tenant agrees that it will paint, varnish, wallpaper, or otherwise redecorate or renovate the interior of the Premises and Tenant's trade fixtures when necessary to maintain the Premises in a first-class condition. Landlord for the benefit of Tenant will enforce all rights to repair or replacement of defective work under contracts for the construction of the Building or Tenant's Improvements. On the last day of the term, or at any sooner termination of this Lease, Tenant shall also surrender to Landlord the Premises in good and any sidewalks sanitary condition and repair, but with reasonable use, wear and tear, or stairways leading damage by fire, act of God or by the elements excepted; and Tenant also agrees to remove all of its signs and trade fixtures which Tenant has the right to remove from the public sidewalks Premises, restoring any damage caused by such removal. Repairs to the Building free from snow, ice and debris, including premises required to be made by Tenant under the parking lot. Snow plowing, snow shoveling and ice removal provisions of this lease must be completed by 6:30 a.m.whether or not they are due to either conditions existing upon the commencement of the lease, unless snow or wind conditions make this impracticaluse during the term of the lease. If During the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope term of this Lease Agreement Landlord shall keep in effect force preventative maintenance contracts with qualified contractors covering all heating and in good running order air conditioning equipment and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, elevator equipment which serves the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Premises.
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Repairs. LANDLORD (a) Landlord’s obligation with respect to repair as part of Basic Services shall be responsible for all limited to (i) the structural components, including roof, building envelope, and foundation, and all common areas portions of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are (ii) the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas exterior walls of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, glass and glazing, (iii) the Americans roof, (iv) mechanical, electrical, plumbing and life safety systems [except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant exclusively and any supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems)], and (v) Common Areas. Landlord shall not be deemed to have breached any obligation with Disabilities Actrespect to the condition of any part of the Project unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a reasonable time following the receipt by Landlord of such notice. EXPANSION SPACE In The foregoing notwithstanding: (i) Landlord shall not be required to repair damage to any of the event TENANT leases any additional space elsewhere in foregoing to the Buildingextent caused by the acts or omissions of Tenant or it agents, employees or contractors, except to the rent for said space extent covered by insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be calculated at governed by the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lowerprovisions of Paragraph 9. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT Landlord shall have the right at its own expense but not the obligation to hire an architect undertake work of repair that Tenant is required to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due perform under this Lease and that Tenant fails or refuses to perform in a timely and efficient manner. All costs incurred by Landlord in performing any such repair for the account of Tenant shall be adjusted accordinglyrepaid by Tenant to Landlord upon demand, together with an administration fee equal to fifteen percent (15%) of such costs. In that caseExcept as expressly provided in Paragraph 9 of this Lease, LANDLORD there shall be no abatement of Rent and TENANT no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Project. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.
(b) Tenant, at its expense, (i) shall enter into 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 amendment administration fee equal to fifteen percent (15%) of such costs.
(c) Upon the expiration or earlier termination of this Lease setting forth Lease, Tenant shall surrender the newly calculated Rent amount Premises in a safe, clean and adjustments neat condition, normal wear and tear excepted. Except as otherwise set forth in Section 4 a.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 expense, appropriate the same for itself, and/or sell the same in its discretion.
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Repairs. LANDLORD (a) During the Term, Tenant shall be responsible for all structural componentsmaintain the Mansion in substantially the same condition as it was in on the Effective Date: (i) reasonable wear and tear, including roof, building envelope(ii) damage due to a Casualty or a Taking (both hereinafter defined), and foundation(iii) Tenant’s rights under Article 7 of this Lease, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD excepted. Landlord shall not be responsible for repairs upon implements obligated to make any repairs, or articles which are the personal property replacements of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premisesany kind, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies nature or description whatsoever to the Leased Premises Demised Premises.
(b) If during the Term, the Improvements shall be damaged or destroyed by fire, flood or any other casualty or cause (a “Casualty”), upon becoming aware thereof, Tenant shall give notice thereof to Landlord, and common areas Tenant may, in Tenant’s sole discretion, but shall not be obligated, to restore, repair, replace or rebuild the damaged or destroyed Improvements (a ”Casualty Restoration”) and in so doing make such Alterations as may be desired by Tenant, in conformity with the provisions of this Lease. If Tenant elects not to undertake a Casualty Restoration, Tenant shall be entitled to such portion of the Building. Snow Removal: LANDLORD shall keep net insurance proceeds (or self insurance funds), after deduction of all costs incurred in adjusting the public sidewalks adjacent loss and collecting the proceeds, as may be necessary to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations demolish what may remain of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Actdamaged Improvements and remove any debris. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments Except as set forth in Section 4 a.8(c), the balance of the net insurance proceeds shall belong solely to Tenant.
(c) If the Mansion shall be damaged or destroyed by a Casualty and Tenant elects not to undertake a Casualty Restoration of the Mansion, Tenant shall be entitled to use such portion of the insurance proceeds (or self insurance funds) as may be necessary to demolish what may remain of the Mansion, remove any Equipment and debris and leave the building area in a reasonably safe and secure condition, as determined by Tenant. The balance of the insurance proceeds shall be delivered by Tenant in escrow to an escrow agent selected by Tenant, which shall be either a bank, trust company, savings and loan association, insurance company, pension or retirement fund, real estate investment trust or any other organization whose business is to make loans on real estate, a title company or other institution which customarily acts as an escrow agent with respect to real property. The escrow agent shall retain the escrowed funds in an investment or account designated by Tenant. If at any time during the Term, Tenant determines to undertake a Casualty Restoration with respect to the Mansion, Tenant shall have the absolute right to receive the entire amount of the escrowed funds, together with any interest accrued thereon and any capital appreciation with respect thereto, and the escrow agent shall have the absolute right and obligation to pay such funds to Tenant. If, upon the expiration of the Term, Tenant has not undertaken a Casualty Restoration with respect to the Mansion, the entire amount of the escrowed funds, together with any interest accrued thereon and any capital appreciation with respect thereto, less any amounts which may be owed at such time by Landlord to Tenant and unpaid, upon the joint written instructions of Landlord and Tenant, shall be paid to Landlord.
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Repairs. LANDLORD Excepting any obligations to be performed by Landlord expressly set forth under the Lease, Tenant shall take good care of the Premises and fixtures and appurtenances therein, and at its own cost and expense make all non -structural repairs (structural defined as load bearing walls, structural steel, foundation and roof structure not including roof membrane) thereto, as and when needed, to preserve them in good working order and condition, reasonable wear and tear and damage from the elements and casualty excepted. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Property, or to its fixtures or appurtenances, where requiring structural or non-structural repairs, arising out of or related to Tenant’s use of the Premises or Property, or caused by the negligence or improper conduct of Tenant, or its employees, invitees, licensees or agents, shall be responsible for all structural components, including roof, building envelope, repaired promptly by Tenant at it sole cost and foundation, expense. All repairs and all common areas replacements by Tenant shall be of substantially equal quality to the Buildingoriginal or material or part, and shall perform such maintenance be performed in a good and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, workmanlike manner. The Tenant covenants and agrees that LANDLORD it shall not be responsible for repairs upon implements cause or articles which are permit any waste (other than reasonable wear and tear), damages, disfigurement or injury to the personal property Leased Premises or Property, or any overloading of TENANTthe floors of the Building constituting part of the Leased Premises. LANDLORD will be responsible The Tenant expressly covenants and agrees at its sole expense to repair and maintain replace any broken glass in the windows or other apertures of the Leased Premises, including interior wallswhich may become damaged or injured. The Tenant shall at its own cost and expense, ceilingsmaintain, windows repair and doorskeep free and clear of ice and snow the parking areas, access drives, sidewalks, steps and approach sidewalks to the Premises; and the Tenant shall further, at its own cost and expense, keep the exterior of the Premises free and clear of paper and other debris so as to keep same in a good and orderly manner as reasonably prescribed by Landlord. Janitorial Service: LANDLORD In the event the Landlord, after having given prior written notice to Tenant of its intention to do so, expends any amounts to perform the Tenant’s obligation herein, then the Tenant shall provide janitorial services and supplies pay as additional rent its share of such amounts expended as provided under the formula in Article 5 hereof. Tenant shall immediately notify the Landlord in writing of any leaks or damage to the roof membrane. The Landlord assumes no responsibility for any damage to Tenant’s Property or any third party’s Property held by Tenant in the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and for any sidewalks reason or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.causes whatsoever.
Appears in 1 contract
Repairs. LANDLORD A. Sublessor shall deliver each Phase of the Subleased Premises professionally deep cleaned (inclusive of carpets to the extent such carpets will not be responsible for all structural components, including roof, building enveloperemoved by Sublessee as part of their initial improvements) and with the glass panels on top of existing workstations in such Phase removed (“Sublessor’s Work) and otherwise in their current as-is condition as of the date of this Sublease. The parties acknowledge and agree that Sublessee is subleasing the Subleased Premises on an “as is” basis, and foundation, and all common areas that Sublessor has made no representations or warranties with respect to the condition of the BuildingSubleased Premises or the Common Areas, and except as set forth in this Sublease. Except as expressly provided in this Sublease, Sublessor shall perform such maintenance and have no obligation whatsoever to make such necessary or pay the cost of any alterations, improvements or repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdictionSubleased Premises, including, without limitation, any improvement or repair required to comply with any law. Master Lessor shall be solely responsible for performance of any repairs required to be performed by Master Lessor under the terms of the Master Lease. Sublessee shall maintain and repair the interior non¬structural portions of the Subleased Premises in a good, clean condition, normal wear and tear and damage from casualty or condemnation excepted, and otherwise in accordance with the Master Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. Lease, as incorporated herein. Sublessee shall, at its sole cost and expense, maintain a janitorial contract using Sublessor’s preferred vendor or such other vendor approved by Sublessor (which approval shall not be unreasonably withheld, conditioned or delayed) and with a scope of services at least equal to Sublessor’s janitorial scope of services as to typical office space in the Buildings. Subject to Sublessee’s obligations pursuant to this Sublease, Sublessor shall repair and maintain the Building Systems serving the Subleased Premises and the 120 Common Areas in accordance with the terms and conditions of the Master Lease.
B. Notwithstanding the foregoing, Sublessor represents and warrants to Sublessee that (i) the path of travel to the Subleased Premises conforms with the Americans with Disabilities ActAct accessibility standards in effect as of the date of this Sublease and (ii) the Building Systems (as defined in the Master Lease) serving the Subleased Premises shall be in good working condition as of the Commencement Date of this Sublease. EXPANSION SPACE Any claims by Sublessee under the preceding sentence shall be made in writing not later than December 31, 2019. In the event TENANT leases any additional space elsewhere in the BuildingSublessee fails to deliver a written claim to Sublessor with respect to such matters on or before such date, the rent for said space then Sublessor shall be calculated at the finished office space rate per square foot per year that is in effect conclusively deemed to have satisfied its obligations under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Paragraph 7.B.
Appears in 1 contract
Sources: Sublease (Zscaler, Inc.)
Repairs. LANDLORD (a) Except as provided specifically to the contrary in this Lease, Tenant shall, when and if needed or whenever requested by Landlord to do so, at Tenant’s sole cost and expense, maintain and make all repairs to the Premises and every part thereof, to keep, maintain and preserve the Premises in first-class condition, excepting ordinary wear and tear. Any such maintenance shall be responsible for all structural componentsperformed by such contractors selected by Tenant and approved by Landlord. Tenant shall upon the expiration or sooner termination of the Term hereof surrender the Premises to Landlord in the same condition as when received, including roofreasonable wear and tear excepted. The phrase “same condition” shall mean the condition of the Premises when Tenant commenced business operations, building enveloperather than the condition described in Attachment 1 to the Work Letter Agreement. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and foundationthe parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
(b) Anything contained in Section 15(a) above to the contrary notwithstanding, Landlord shall repair and all common areas maintain the structural portions of the Building, including the basic plumbing, heating, ventilating, air conditioning and shall perform electrical systems installed or furnished by Landlord, unless such maintenance and make repairs are caused in part or in whole by the act, neglect, fault, or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case, Tenant shall pay to Landlord as additional rent the reasonable cost of such necessary repairs so maintenance and repairs, unless and to the extent Landlord is entitled to receive the proceeds from insurance carried as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD part of Operating Expenses. Landlord shall not be responsible 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 upon implements or articles which are maintenance is given to Landlord by Tenant. Except as provided in Section 22 hereof and in item G of the personal property General Conditions, there shall be no abatement of TENANTrent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. LANDLORD will be responsible Except as provided in Section 15(c) to the contrary, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. Notwithstanding anything to the contrary contained in Sections (a) and (b) of this Section 15, Tenant shall maintain and repair at its sole cost and maintain the Leased Premisesexpense, and with maintenance contractors approved by Landlord, all non-base Building facilities, including interior wallslavatory, ceilingsshower, windows toilet, washbasin and doorskitchen facilities and heating and air-conditioning systems, including all plumbing connected to said facilities or systems installed by Tenant or on behalf of Tenant or existing in the Premises at the time of delivery of possession of the Premises to Tenant by Landlord. Janitorial Service: LANDLORD The provisions of the immediately preceding sentence shall provide janitorial services and supplies not apply to the Leased Premises basic heating and common areas air-conditioning system provided by Landlord to all tenants of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and .
(c) Notwithstanding any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as provision set forth in Section 4 a.15(b) to the contrary, if Tenant provides written notice to Landlord of an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance, and Landlord fails to provide such action within a reasonable period of time, given the circumstances, after the receipt of such written notice, but in no event earlier than twenty-one (21) days after receipt of such written notice, then Tenant may proceed to take the required action upon delivery of an additional written notice to Landlord specifying Tenant is taking such required action, and if such action was required under the terms of this Lease to be taken by Landlord, then Tenant shall be entitled to prompt reimbursement by Landlord of Tenant’s reasonable costs and expenses in taking such action plus interest thereon at the Interest Rate (as defined in Section 6(c) above). In the event Tenant takes such action, and such work will affect the Building’s life safety system, heating, ventilating and air conditioning systems or elevator systems, Tenant shall use only those contractors used by Landlord in the Building for work on such systems. Further, if Landlord does not deliver a detailed written objection to Tenant within thirty (30) days after receipt of an invoice by Tenant of its costs of taking action which Tenant claims should have been taken by Landlord, and if such invoice from Tenant sets forth a reasonably particularized breakdown of its costs and expenses in connection with taking such action on behalf of Landlord, then Tenant shall be entitled to deduct from rental payable by Tenant under this lease, the amount set forth in such invoice. If, however, Landlord delivers to Tenant within thirty (30) days after receipt of Tenant’s invoice, a written objection to the payment of such invoice, setting forth with reasonable particularity Landlord’s reasons for its claim that such action did not have to be taken by Landlord pursuant to the terms of this Lease, then Tenant shall not be entitled to such deduction from rental, but as Tenant’s sole remedy, Tenant may proceed to claim a default by Landlord or, if elected by either Landlord or Tenant, the matter shall proceed to resolution pursuant to Section 63.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Repairs. LANDLORD Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, Landlord shall have the exclusive right, at Landlord's option, but not the obligation, to make such repairs and replacements, and Tenant shall pay to Landlord the cost thereof, including Landlord's standard fee for its involvement with such repairs and replacements, promptly upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for all structural componentsrepairs to the exterior walls, including rooffoundation and roof of the Building, building envelopethe structure, and foundation, and all common areas portions of the floors of the Building, and shall perform the systems and equipment of the Building, except to the extent that such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, due to the negligence or willful misconduct of Tenant; provided however, that LANDLORD if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be responsible for repairs upon implements required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies additions to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition 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- governrnental authority or court order or decree. Tenant hereby, waives any and all rights under and benefits of walls separating the Leased Premises from other tenant space or common area space. If more than 50% subsection 1 of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, Section 1932 and utility Sections 1941 and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement 1942 of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculatedCalifornia Civil Code or under any similar law, Rent due under this Lease shall be adjusted accordingly. In that casestatute, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth or ordinance now or her after in Section 4 a.effect.
Appears in 1 contract
Sources: Office Lease (Surge Components Inc)
Repairs. LANDLORD Lessor's and Lessee's Duties to Repair
8.01 Lessee shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises in a condition fit for its intended use and shall make all necessary repairs and Lessee shall make all repairs of the Leased Premises occasioned by its negligent use of the Leased Premises. During the term of this Lease, including interior wallsLessee shall, ceilingsat its sole cost and expense, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to maintain the Leased Premises and common the improvements thereon in good condition and repair, reasonable wear and tear and depreciation accepted, and shall maintain all service areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver within the Leased Premises in a clean and rubbish-free condition. Lessee shall, prior to TENANT the commencement of the Lease, place the Leased Premises in a first class condition for operation. Lessee shall maintain all landscaped areas within the Leased Premises free from weeds, pruned and clipped, and not permit these landscaped areas to become unsightly, overgrown, so as to detract from the condition of the Leased Premises. Lessee shall maintain any adjoining streets and the whole of such Leased Premises in a clean and sanitary condition condition, in accordance with all systemsapplicable state, services, appurtenances, city and leasehold county health and sanitation laws and ordinances and as directed by the proper public officials during the term of this Lease. Lessor shall not be called upon to make any improvements (if applicable) included within or repairs in or upon the scope Leased Premises during the term of this Lease Agreement except as expressly required or permitted herein. Provided, however, that any alteration, repair or change which may be required by law, regulation or rule resulting from non-compliance by Lessor with the terms of this Lease shall be the sole responsibility and expense of Lessor. Lessee covenants and agrees to pay promptly when due all claims for work and materials furnished in effect and in good running order and that are in compliance connection with all applicable laws, ordinancesits maintenance of such improvements, and regulations of shall not permit or suffer any governmental authority having jurisdiction, including, without limitation, liens or encumbrances to the Americans with Disabilities ActLeased Premises. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space Lessee shall be calculated at the finished office space rate per square foot per year that is in effect default under this Lease Agreement at Section, as determined by Section 10.2(d) hereof, Lessor may, but shall not be obligated to, cure such default by undertaking any and all corrective work and Lessee shall reimburse Lessor for all costs and expenses Lessor thereby sustains. Lessor's Duty
8.02 Lessor guarantees that time, or at on the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under date of commencement of this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect will have:
(1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
(2) Plumbing facilities that conform to applicable law in effect at the time of installation, maintained in good working order.
(3) A water supply approved under applicable law which is under the control of Lessee, capable of producing hot and cold running water, or professional qualified a system which is under the control of Lessor, which produces hot and cold running water, furnished to measure interior building appropriate fixtures and connected to a sewage disposal system under applicable law.
(4) Heating and cooling facilities which conform to applicable law at the time of installation, maintained in good working order.
(5) Electrical lighting, with wiring and electrical equipment that conform to applicable law at the time of installation, maintained in good working order.
(6) Building, grounds, and appurtenances at the time of the commencement of the lease in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin, and all areas based under control of Lessor thereafter kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
(7) Floors maintained in good repair. Lessee's Duties Correlative to Lessor's Obligations
8.03 No duty on the part of the Lessor shall arise with respect to maintenance or repairs under this lease if Lessee is in substantial violation of any one or more of the following standard affirmative obligations:
(1) To keep its Leased Premises, which it occupies and uses, as clean and sanitary as is reasonable under the circumstances.
(2) To dispose from its Leased Premises all rubbish, garbage, and other waste, as is reasonable under the circumstances.
(3) Not to permit any person on the premises, with Lessee's permission, to willfully or wantonly destroy, deface, damage, impair, or remove any part of measurementthe Leased Premises or the facilities, equipment, or appurtenances thereto. Lessee's Right to Repair for Lessor
(1) If within 30 days notice to Lessor of repairs or maintenance which Lessor has a duty to repair, and if Lessor neglects to make such repairs, Lessee may repair the same itself, where the cost of the repairs does not require an expenditure greater than one month's rent of the premises, and deduct the expenses of such repairs from the rent. However, Lessee may not vacate the premises nor will Lessee be discharged from further payment of rent, or performance of other conditions.
(2) For purposes of this Lease AgreementParagraph 8.06, the area of the Leased Premises shall match the if Lessee makes repairs at least 30 days following standardhis giving notice to Lessor, which shall Lessee will be based on measuring presumed to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.acted after a reasonable time.
Appears in 1 contract
Repairs. LANDLORD Licensee acknowledges that the Premises, Building and Property are suitable for Licensee's intended use. Licensor hereby agrees that Licensor shall be responsible pay for and make all reasonably necessary repairs and replacements to the Premises, the Building and the Property. Licensor's maintenance obligations shall include, without limitation, reasonably necessary repair and/or replacement of the roof, foundation, exterior and interior walls, all structural components, including roof, building envelope, and foundation, and all common areas systems, including without limitation, mechanical, electrical, HVAC and plumbing. Such repairs and/or replacements shall be made within ten (10) days after receiving written notice from Licensee of the Buildingneed therefor. If such repair or replacement cannot be completed within said ten (10) day period, then Licensor shall have a reasonable time to complete such repair or replacement, provided that such repair or replacement is commenced within said ten (10) day period. Licensor agrees to indemnify Licensee for any and shall perform all losses and damages suffered by Licensee as a result of Licensor's failure to fulfill its repair and replacement obligations under this paragraph, except to the extent the need for such maintenance and repair or replacement is caused by the negligence or willful misconduct of Licensee. Licensee reserves the right to undertake any such reasonable repair or replacement necessary to the Premises, the Building or the Property in the event that Licensor fails to complete or commence such repair or replacement within the ten (10) day time period required by this paragraph. Furthermore, Licensee may make any necessary repairs and/or replacements to the Premises, the Building or the Property, without first providing Licensor with an opportunity to make any necessary repair or replacement, in the event that immediate material damage to Licensee's Equipment would occur if such necessary repair or replacement was not made by Licensee. For purposes herein, "reasonable and necessary repairs so as and replacements" shall be limited to those repairs and replacements necessary to allow Licensee to continue to provide all such service appurtenances operate its Equipment in the Premises as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are operated on the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope commencement date of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Lease.
Appears in 1 contract
Repairs. LANDLORD Tenant shall keep Premises clean and in good order and condition and immediately pay Landlord, upon demand, for the cost to make any repairs caused by Tenant’s negligence or misuse or that of Tenant’s family, guests, invitees, or agents. Tenant shall give prompt notice of any repairs or maintenance needed. Landlord will make reasonable effort to make necessary repairs within five business days of notification. If Tenant is experiencing an emergency, for example, lack of heat or hot water or water leaks, Landlord will attempt to make necessary repairs within one business day. Scheduling repairs may take longer than times noted above depending upon the nature of the issue, the availability of materials, and/or labor. Burned out light bulbs shall be promptly replaced by Tenant at Tenant’s expense with the proper size, type and wattage bulb. Resetting a circuit breaker, resetting a garbage disposal, resetting GFCI outlets, and similar actions that can be reasonably performed by Tenant without assistance shall be the responsibility of Tenant prior to contacting Landlord for maintenance. Tenant is not authorized to conduct repairs which would permanently alter the Premises in any way. Tenant agrees that, except for any window being noted as cracked or broken on the Move-In Checklist, Tenant shall reimburse Landlord the cost to repair or replace any window that becomes cracked or broken during the Lease term. Tenants shall be responsible for damages to the property caused by theft, break-ins, accidents or unexplained events of Premises. Tenants shall pay for any extermination costs for any pests. Landlord reserves the right to charge a fee for any request made by Tenant for the repair of any item that Landlord determines was not a reasonable or necessary request. Tenant shall not incur any liabilities or expenses chargeable to Landlord. Tenant is responsible to provide access to Premises to all structural componentspersons who need to enter Premises to make any repairs, to move all personal property as may be needed to make any repairs, and to restrain all Pets who may impair persons from entering Premises to make any repair. If Landlord contacts any repair person who is unable to access Premises, or is refused entry, after making an appointment to complete a repair, Tenant shall pay any charge, including roof, building envelope, time and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as mileage incurred by Landlord to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.reschedule repair.
Appears in 1 contract
Sources: Rental Agreement
Repairs. TENANT agrees to:
a) immediately report to LANDLORD shall be any damages or needed repairs; and
b) pay for repairs which are needed due to the fault of TENANT or any of TENANT's family or guests. are taken:
1) LANDLORD can end this LEASE;
2) LANDLORD is not responsible for all structural componentsclaims of If TENANT or any occupant needs to send a notice or request—for example, including rooffor repairs, building envelopeinstallations, services, ownership disclosure or security-related matter-- IT MUST BE SIGNED AND PROVIDED IN WRITING to LANDLORD’s designated representative (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). ▇▇▇▇▇▇▇▇’s written notes on TENANT’s oral request do not constitute a written request from TENANT. LANDLORD’s compliance with or responding to any oral request regarding security or any other matters does not waive the strict requirement for written notices under this LEASE. TENANT must promptly notify LANDLORD in writing of: water leaks; mold; electrical problems; malfunctioning lights; broken or missing locks or latches; and foundationother conditions that pose a hazard to property, health, or safety. LANDLORD may change or install utility lines or equipment serving the UNIT if the work is done reasonably without substantially increasing TENANT’s utility costs. LANDLORD may turn off equipment and all common areas of the Buildinginterrupt utilities as needed to avoid property damage or to perform work. If utilities malfunction or are damaged by fire, and shall perform such maintenance and make such necessary repairs so water or similar cause, TENANT must notify LANDLORD’s representative immediately. If air conditioning or other equipment malfunctions, TENANT must notify LANDLORD’s representative as to continue to provide all such service appurtenances soon as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANTpossible on a business day. LANDLORD will be responsible act with customary diligence to repair make repairs and maintain the Leased Premisesreconnections, including interior wallstaking into consideration when casualty insurance proceeds are received. RENT will not ▇▇▇▇▇ in whole or in part. If LANDLORD believes in its sole judgment that damage is substantial, ceilingsor that performance of needed repairs poses a danger to TENANT, windows and doorsLANDLORD may terminate this LEASE without liability by giving TENANT at least five (5) days written notice. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks may also remove personal property if it causes a health or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impracticalsafety hazard. If the snow and ice removal LEASE is not completed by 6:30 a.m.so terminated, LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean refund prorated RENT and sanitary condition with all systemsdeposits, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.lawful deductions.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs. LANDLORD In the event Tenant is required to restore the Leased Property and/or Ski Personal Property pursuant to this Section 10.2, Tenant shall be responsible for all structural components, including roof, building envelope, commence promptly and foundation, continue diligently to perform the repair and all common areas restoration of the BuildingLeased Property and/or Ski Personal Property (hereinafter called the “Work”), and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain restore the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are Property and/or Ski Personal Property in compliance with all applicable lawsLegal Requirements and so that the Leased Property and/or Ski Personal Property shall be, ordinancesto the extent practicable, substantially equivalent in value and regulations general utility to its general utility and value immediately prior to such damage or destruction. Subject to the terms hereof, Landlord and/or TRS Corp. shall be required to advance the insurance proceeds and any additional amounts payable by Landlord and/or TRS Corp. pursuant to Section 10.2.3 to Tenant regularly during the repair and restoration period so as to permit payment for the cost of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Actsuch restoration and repair. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space Any such advances shall be calculated made not more than monthly within ten (10) Business Days after Tenant submits to Landlord and/or TRS Corp. a written requisition and substantiation therefor on AIA Forms G702 and G703 (or on such other form or forms as may be reasonably acceptable to Landlord and/or TRS Corp.). Landlord and/or TRS Corp. may, at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timetheir option, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that timerequire, whichever is lower. LANDLORD shall provide improvements prior to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount advancement of such expansion spacesaid insurance proceeds and other amounts by Landlord and/or TRS Corp., the effective date (a) approval of TENANT’s right of occupancy, plans and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement specifications by an architect satisfactory to Landlord and/or TRS Corp. (which approval shall not be unreasonably withheld, conditioned or professional qualified to measure interior building areas based on the following standard delayed), (b) general contractors’ estimates, (c) architect’s certificates, (d) unconditional lien waivers of measurement. For purposes general contractors, if available, (e) evidence of this Lease Agreementapproval by all Government Agencies and other regulatory bodies whose approval is required, the area (f) deposit by Tenant of the applicable deductible amount with Landlord and/or TRS Corp., and (g) such other terms as Landlord and/or TRS Corp. may reasonably require. Tenant’s obligation to restore the Leased Premises shall match the following standard, which Property and/or Ski Personal Property pursuant to this Article 10 shall be based on measuring subject to the inside finished surface release of exterior wallsavailable insurance proceeds by Landlord and/or TRS Corp. or directly to Tenant and, in the event such proceeds are insufficient, Landlord and/or TRS Corp. electing to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.make such deficiency available therefor.
Appears in 1 contract
Repairs. LANDLORD In the event of a fire or other casualty in the Leased Premises, Tenant shall be responsible for all structural componentsimmediately give notice thereof to Landlord. Except as otherwise provided below, including roof, building envelope, and foundation, and all common areas Landlord shall use commercially reasonable efforts after receipt of insurance proceeds to cause the Building, and shall perform such maintenance and make such necessary repairs so as to continue the Leases Premises to provide all such service appurtenances as are required by this Lease Agreement, be made with due diligence and reasonable dispatch; provided, however, that LANDLORD Landlord shall not be responsible for repairs upon implements required to repair or articles which are the replace furnishings, furniture, or other personal property which Tenant may be entitled to remove from the Leased Premises or any property improvement constructed and installed by or for Tenant other than what was originally built by Landlord as part of TENANTLandlord's Work or Additional Work. LANDLORD will Subject to Landlord receiving insurance proceeds, Landlord shall undertake reasonable efforts to 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 responsible partially destroyed by fire or other casualty so as to repair render the Building, or any portion thereof, untenantable and maintain such portion is not occupied and used by Tenant, the rent shall proportionately abate thereafter until such time as the Leased Premises, including interior wallsor any port▇▇▇ ▇hereof, ceilingsare made tenantable; provided, windows and doors. Janitorial Service: LANDLORD however, there shall provide janitorial services and supplies be no abatement of rent and/or any abatement of rental shall cease as to the Leased Premises and common areas any portion of the Building actually used by Tenant. If Landlord has elected to repair and reconstruct the Building. Snow Removal: LANDLORD shall keep , which election and notice of such election to Tenant must occur within thirty (30) days after the public sidewalks adjacent to 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 any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice effect and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must such repairs will be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal made as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants reasonably practicable thereafter, but not later than one hundred and eighty (180) days after the date of the casualty or other damage, subject to Excusable Delays; provided, however, that it will deliver the Leased Premises Landlord shall use reasonable efforts to TENANT in a clean not unreasonably interfere with Tenant's use and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations occupancy of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area portion of the Leased Premises not destroyed or damaged. Except as otherwise expressly provided above, in no event shall match Landlord be required to commence the following standardrestoration or repair of the Building until Landlord receives the insurance proceeds therefor. No damages, which compensation, or claims shall be based on measuring to payable by Landlord for any inconvenience, loss of business, or annoyance arising from such repair and reconstruction. In the inside finished surface event full use and occupancy can be restored within 180 days of exterior wallsthe Casualty, to and provided the inside finished surface casualty occurs in the first seven (7) years of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glassTerm, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement Term of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD extended by a period of time equal to the period of such repair and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.reconstruction.
Appears in 1 contract
Repairs. TENANT agrees to:
a) immediately report to LANDLORD shall be responsible any damages or needed repairs; and
b) pay for all structural componentsrepairs which are needed due to the fault of TENANT, including roofOCCUPANT or any of TENANT’S Guests. If TENANT needs to send a notice or request — for example, building envelopefor repairs, installations, services, ownership disclosure or security-related matter-- IT MUST BE SIGNED AND PROVIDED IN WRITING to the PROPERTY MANAGER (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). ▇▇▇▇▇▇▇▇’S or PROPERTY MANAGER’S written notes on TENANT’S or OCCUPANT’S oral request do not constitute a written request from TENANT. LANDLORD’S compliance with or responding to any oral request regarding security or any other matters does not waive the strict requirement for written notices under this LEASE. TENANT must promptly notify PROPERTY MANAGER in writing of: water leaks, mold, electrical problems, malfunctioning lights, broken or missing locks or latches, and foundationother conditions that pose a hazard to property, health, or safety. LANDLORD may change or install utility lines or equipment serving the UNIT if the work is done reasonably without substantially increasing TENANT’S utility costs. LANDLORD may turn off equipment and all common areas of the Buildinginterrupt utilities as needed to avoid property damage or to perform work. If utilities malfunction or are damaged by fire, and shall perform such maintenance and make such necessary repairs so water or similar cause, TENANT must notify PROPERTY MANAGER immediately. If air conditioning or other equipment malfunctions, TENANT must notify PROPERTY MANAGER as to continue to provide all such service appurtenances soon as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANTpossible on a business day. LANDLORD will be responsible act with customary diligence to repair make repairs and maintain the Leased Premisesreconnections, including interior wallstaking into consideration when casualty insurance proceeds are received. RENT will not ▇▇▇▇▇ in whole or in part. If LANDLORD believes in its sole judgment that damage is substantial, ceilingsor that performance of needed repairs poses a danger to TENANT, windows and doorsLANDLORD may terminate this LEASE without liability by giving TENANT at least five days written notice. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks may also remove personal property if it causes a health or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impracticalsafety hazard. If the snow and ice removal LEASE is not completed by 6:30 a.m.so terminated, LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean refund prorated RENT and sanitary condition with all systemsdeposits, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.lawful deductions.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs. LANDLORD (a) Landlord's obligation to make repairs to the Premises shall be responsible for all pertain only to the structural componentsportions of the floor, including roof, building envelopeceiling, and foundationperimeter walls, and all common areas unless the necessity for such repairs shall have been occasioned by Tenant or any permitted subtenant or licensee of the BuildingTenant, and shall perform such maintenance and or their respective employees, agents, contractors or any person, firm or corporation acting on its behalf, in which event Tenant agrees to make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreementat Tenant's sole cost and expense. Except in cases of an emergency, provided, however, that LANDLORD Landlord shall not be responsible for required to commence any repair until after receipt of written notice from Tenant. Tenant shall allow Landlord reasonable time in which to commence and complete such repairs. Landlord shall use reasonable efforts to make such repairs upon implements with a minimum of inconvenience, disruption, or articles which are the personal property loss of TENANT. LANDLORD will be responsible business to repair Tenant.
(b) Except as provided in subparagraph (a) of this paragraph, Tenant agrees to keep and maintain the Leased Premises, including interior wallsthe fixtures and equipment therein and the appurtenances thereto in good repair and condition at Tenant's own cost and expense, ceilingsand to make all necessary repairs and replacements thereto. Tenant shall keep and maintain the Premises in a first-class condition throughout the Term. Tenant shall replace all damaged glass with glass of equal quality. In the case of damage or destruction by insurable casualty or by eminent domain, windows the obligations of Landlord and doors. Janitorial Service: LANDLORD Tenant shall provide janitorial services and supplies to the Leased Premises and common areas be controlled as hereinafter provided.
(c) Following initial construction of the Building. Snow Removal: LANDLORD shall keep Premises Tenant may, at its own cost, paint, paper or change floor coverings, or otherwise alter the public sidewalks adjacent to Premises, provided that (i) the structural integrity or value of the Building shall not be adversely affected; (ii) the cost of such alteration does not exceed Five Dollars ($5.00) per square foot; and any sidewalks or stairways leading from (iii) the public sidewalks to the Building free from snowsprinkler system, ice and debrisif any, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not thereby affected. In all other instances, Tenant shall secure prior written approval of Landlord. Tenant shall submit to Landlord plans and specifications for such proposed work, together with the name of the contractor and a statement of the estimated cost thereof. Prior to starting such work, Tenant agrees to deliver to Landlord a certificate of worker's compensation insurance in statutory limits from Tenant's contractor as well as evidence of insurance coverages to be maintained by Tenant hereunder. Such work shall be promptly completed by 6:30 a.m.in accordance with such approved plans and specifications, LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean applicable laws and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations rules and requirements of any governmental authority having jurisdictionLandlord's insurance carriers, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements subject to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount terms of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as Tenant's indemnity set forth in Section 4 a.under paragraph 16 hereof and Tenant's obligation to insure such liability under paragraph 28 hereof.
Appears in 1 contract
Repairs. LANDLORD Landlord shall be responsible for all structural componentsmaintain the Common Areas and the exterior walls, including roofroof and foundation of the Building and the heating, building envelopeventilating, air conditioning, electrical, plumbing and foundation, and all common areas of mechanical systems provided by Landlord in the Building, and the cost thereof shall perform such maintenance and make such necessary repairs so as be included in Operating Charges subject to continue to provide all such service appurtenances as are required by this Lease Agreement, the provisions of Section 3.2; provided, however, that LANDLORD if any such repairs shall not be occasioned by the acts or negligence of Tenant, its agents, employees, customers or invitees, or the particular nature of Tenant's use of the Premises, Tenant shall be responsible for the entire cost of such repairs. Except for the repairs upon implements or articles which are Landlord is specifically obligated to make as set forth above, Tenant shall, at its expense, during the personal property of TENANT. LANDLORD will be responsible Lease Term, make all other necessary repairs and replacements to repair the Premises (including any restrooms within the Premises), and keep and maintain the Leased Premisessame in good condition and repair so that at the expiration of the Term, including interior wallsthe Premises shall be surrendered to Landlord in the same condition that the same are in at the commencement of the Term, ceilingsordinary wear and tear excepted. At the request of Tenant, windows Landlord shall replace any light bulbs, tubes and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to ballasts in the Leased Premises and common areas Tenant shall pay Landlord the cost thereof within ten (10) days after receipt of the Buildinga written demand from Landlord. Snow Removal: LANDLORD Tenant shall keep the public sidewalks adjacent be responsible for repairing any damage to the Building caused by the installation or moving of Tenant's furniture, equipment and personal property. Tenant shall, at its expense, also repair or replace with glass of equal quality any sidewalks broken or stairways leading from cracked plate or other glass in doors or windows in the public sidewalks Premises. Tenant shall not defer any repairs or replacements to the Building free from snow, ice and debris, including Premises by reason of the parking lotanticipation of the expiration of the Term. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow The surrender of the Premises upon the expiration or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope early termination of this Lease Agreement shall not relieve Tenant of the obligation to pay for all repairs or replacements to the Premises which Tenant was obligated to perform during the Lease Term, which obligation shall survive the expiration or early termination of this Lease. Landlord, at Landlord's option, may elect to perform all or part of the maintenance, repairs and servicing which is the obligation of Tenant hereunder, in effect which event the cost thereof shall be billed directly to and paid by Tenant as additional rent. Except as aforesaid, in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Buildingthat, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timerequest of Tenant, Landlord performs any maintenance, repairs or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area servicing of the Leased Premises which is the obligation of Tenant hereunder, then Tenant shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.pay Landlord directly therefor.
Appears in 1 contract
Repairs. LANDLORD shall be responsible for all structural componentsExcept as otherwise provided in Article 11 of this Lease and subject to the provisions of Article 9 of this Lease, including roofTenant shall, building envelopeat its sole cost and expense, keep the Premises in good repair and tenantable condition during the Term, and foundationTenant shall promptly arrange with Landlord at Tenant's sole cost and expense for the repair of all damages to the Premises and for the replacement or repair of all damaged or broken glass, fixtures, and all common areas appurtenances within any reasonable period of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required time specified by this Lease AgreementLandlord, provided, however, that LANDLORD Tenant shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible required to repair or replace broken or damaged exterior window glass, unless such replacement or repair is necessitated by the act, failure to act, or neglect of Tenant, its servants, employees, agents, invitees, or guests. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintain replacements, and the Leased Premisescosts paid or incurred by Landlord for such repairs and replacements shall be deemed additional rent reserved under this Lease due and payable forthwith. Landlord may, including interior wallsbut shall not be required so to do, ceilingsenter the Premises at all reasonable times to make any repairs, windows alterations, improvements, or additions, including, but not limited to, ducts and doors. Janitorial Service: LANDLORD all other facilities for heating and air conditioning service, as Landlord shall provide janitorial services and supplies to desire or deem necessary for the Leased Premises and common areas safety, preservation or improvement of the Building, or as Landlord may be required to do by any governmental authority or by the order or decree of any court or by any other proper authority. Snow Removal: LANDLORD In the event Landlord or its agents or contractors shall keep elect or be required to make repairs, alterations, improvements, or additions to the Premises or the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements, or additions and, during the continuance of any of said work, to temporarily close doors, entryways, public sidewalks adjacent to space, and corridors in the Building and to interrupt or temporarily suspend any sidewalks services and facilities without being deemed or stairways leading from the public sidewalks held guilty of an eviction of Tenant or liable for damages to the Building free from snowTenant's property, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timebusiness, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancyperson, and the amount of additional rent that reserved herein shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect in no way abate while said repairs, alterati▇▇▇, improvements, or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical roomsadditions are being made, and utility Tenant shall not be entitled to maintain any setoff or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all such repairs, alterations, improvements, or additions in and janitor rooms that serve more than about the Leased Building and the Premises shall be excluded. Restroomsduring ordinary business hours, corridors, lobbies and receiving areas which are accessible but if Tenant desires to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right same done at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculatedany other time, Rent due under this Lease Tenant shall be adjusted accordingly. In that case, LANDLORD pay for all overtime and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.additional expenses resulting therefrom.
Appears in 1 contract
Sources: Office Lease (Charys Holding Co Inc)
Repairs. LANDLORD shall be responsible for all structural componentsThe Tenant covenants with the Landlord to repair, including roofmaintain and keep at the Tenant’s own cost, building envelope, and foundation, and all common areas of except insofar as the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible obligation to repair and maintain rests upon the Landlord pursuant to this paragraph, the Leased Premises, including interior wallsLeasehold Improvements, ceilingsin good and substantial repair, windows reasonable wear and doorstear excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for the exclusion there from of defects not sufficient to impair the Tenant’s use of the Leased Premises while using them in a manner consistent with this Lease. Janitorial Service: LANDLORD Upon providing the Tenant reasonable prior notice (which may be verbal or by email), unless in the case of an emergency in which no notice is required, the Landlord may enter the Leased Premises at all reasonable times and view the condition thereof; provided, however, except in the event of an emergency Tenant shall provide janitorial services have the right to have a representative of Tenant accompany Landlord and/or Landlord’s agents, employees or contractors, while any of them are within the Leased Premises for any reason. If the Tenant shall fail to repair as aforesaid after reasonable notice to do so, the Landlord may effect the repairs and supplies the Tenant shall pay the reasonable cost thereof to the Landlord on demand. The Tenant covenants with the Landlord that the Tenant will at the expiration of the Term or sooner termination thereof peaceably surrender the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and appurtenances in good running order and that are in compliance with all applicable lawssubstantial repair and condition, ordinancesreasonable wear and tear, and regulations of any governmental authority having jurisdictionfire or other casualty, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancycondemnation, and the amount acts and omissions of additional rent that shall Landlord (unless required to be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement insured by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4Tenant hereunder) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.all excepted.
Appears in 1 contract
Sources: Lease Agreement (Carters Inc)
Repairs. LANDLORD In the event a condition exists in the Subleased Premises that Landlord is obligated to repair under the Master Lease, Subtenant shall so advise Sublandlord, and Sublandlord, in turn, shall advise Landlord thereof. Sublandlord shall have no liability to Subtenant for Landlord’s failure to make any such repair; provided, however, that Sublandlord shall diligently seek to enforce its rights and Landlord’s obligations under the Master Lease. Sublandlord shall keep, or cause to be kept, the structure, common areas and any shared Building systems or equipment, including without limitation, any shared system providing heating, ventilation or air conditioning in a constant state of good condition and repair, and shall perform all maintenance and repair which may be or become necessary or appropriate in connection therewith. Subtenant agrees that Landlord and not Sublandlord shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas repairs to the roof of the BuildingBuilding and Sublandlord grants and assigns to Subtenant all rights of Sublandlord under the Master Lease to enforce Sublandlord’s rights and to compel Landlord to fulfill Landlord’s obligations with respect to the roof and other repairs. Subtenant shall perform, and shall perform such or cause to be performed, all maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are repair of the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Subleased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to excluding the Leased Premises and common areas structural elements of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks other shared systems or stairways leading from facilities serving the public sidewalks to Subleased Premises and other space within the Building free from snow, ice and debris, including or the parking lotproperty. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT Subtenant shall have the right at its own sole cost and expense to hire an architect install and maintain a security system serving the Subleased Premises exclusively. Notwithstanding anything contained herein to determine the actual measurement contrary, Sublandlord shall have no responsibility with respect to any damage to the roof of the area based on Building, or the above standard. If TENANT’s architect determines floor of that the area portion of the Leased Subleased Premises is less than what LANDLORD has calculateddescribed in Exhibit A-2 attached hereto, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment or any associated damage to this Lease setting forth the newly calculated Rent amount and adjustments as set forth Subleased Premises or the Subtenant’s property located therein in Section 4 a.connection with any tenant improvement work made to the Subleased Premises.
Appears in 1 contract
Repairs. LANDLORD If neither party terminates this Lease pursuant to Section 10.01(a) above or if Landlord terminates this Lease but Tenant timely gives to Landlord a Voiding Notice, then this Lease shall be responsible remain in full force and effect and the following provisions shall apply:
(1) Landlord shall repair and restore the Project (but not the Leasehold Improvements) to the condition existing prior to such damage, except for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, and modifications required by law. Landlord shall perform such maintenance work diligently and make continuously with the intent of completing such necessary repairs so as to continue to provide all such service appurtenances as are required by repair and restoration work on or before the expiration of the Repair Estimate Period. Notwithstanding anything contained in this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas contrary, if Landlord fails to substantially complete the repair of any portion of the Building. Snow Removal: LANDLORD shall keep Project necessary for Tenant’s occupancy of the public sidewalks adjacent Premises for the purpose of repairing and restoring the Leasehold Improvements within 180 days after the last day of the Repair Estimate Period, subject to delays for insurance adjustments, delays caused by matters beyond Landlord’s reasonable control, and delays caused by Tenant (“Final Repair Period”), then Tenant may terminate this Lease by giving to Landlord written notice not later than 15 days after last day of the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impracticalFinal Repair Period. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort Tenant gives to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of Landlord such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under notice then this Lease shall be adjusted accordinglyterminate effective as of the date such notice was given. In that case, LANDLORD and TENANT If Tenant shall enter into an amendment not timely give to Landlord such notice then Tenant’s right to terminate this Lease pursuant to this Lease setting forth Section l0.1(b)(1) shall be void and of no further force or effect.
(2) Tenant shall repair and restore the newly calculated Rent amount Leasehold Improvements diligently and adjustments as set forth in Section 4 a.with reasonable promptness to the condition existing prior to such damage, but not less than then current Building Standards, except for modifications required by law.
Appears in 1 contract
Sources: Office Lease (Cme Group Inc.)
Repairs. LANDLORD (a) Landlord shall be responsible for make all structural components, including necessary repairs to keep the roof, building envelopeexterior walls, foundation and foundation, and all common areas structural frame of the Building, the common Building systems, fixtures and shall perform equipment (such maintenance as elevators, common Building heating, ventilating and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreementair-conditioning systems, windows, and common Building telecommunications, electrical and plumbing systems, provided, however, that LANDLORD Landlord shall not be responsible have no responsibility for any such equipment owned or maintained by tenants or other third parties or any damage to such systems caused by tenants or other third parties) and the Common Area in good order and repair, excluding, however, all repairs upon implements which Tenant is obligated to make or articles pay for pursuant to this Section 8.1 and all repairs which are any other tenant of the personal property of TENANT. LANDLORD will be responsible Building is required to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies make pursuant to the Leased terms of such tenant’s lease. Tenant shall give Landlord prompt notice of any defective condition in any ventilating, air-conditioning, plumbing, heating system, electrical lines or windows located in, servicing or passing through the Demised Premises and common areas following such notice, Landlord shall use commercially reasonable efforts where practicable to initiate all repairs promptly and to remedy the condition with due diligence, subject to unavoidable delay, but at the expense of Tenant if repairs are necessitated by any act attributable to Tenant, Tenant’s servants, agents, employees, invitees or licensees; provided, however, that no liability of Landlord to Tenant shall accrue hereunder unless and until Tenant has given notice to Landlord of the Buildingspecific repair to be made. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT Tenant shall have the right from time to time at its own election to test the air quality in the Demised Premises. Such tests shall be at Tenant’s sole cost and expense to hire an architect to determine except that Landlord shall reimburse Tenant the actual measurement and reasonable cost of such test in the event the test results show an unacceptable air quality condition according to industry standards reasonably determined.
(b) Tenant, at its sole cost and expense, shall take good care of the area based Demised Premises, including all floor coverings and doors in the Demised Premises, and Tenant’s property and fixtures. All repairs made by or on behalf of Tenant shall be made and performed in accordance with the provisions of Section 8.2 and shall be at least equal in quality and design to the original construction of the Demised Premises and the Building. If Tenant fails to proceed with due diligence to make repairs required to be made by Tenant, and such failure shall continue for 10 days after notice from Landlord, the same may be made by Landlord at the expense of Tenant and the amount so incurred by Landlord shall be paid to Landlord by Tenant immediately upon submission of a ▇▇▇▇ or statement therefor by Landlord. Tenant shall have no responsibility for the maintenance or upkeep of plate glass or windows in the Demised Premises, except to the extent Tenant is responsible for the breakage of such plate glass or windows in which case the above standard. If TENANT’s architect determines that the area provisions of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Article 8.1 would otherwise apply.
Appears in 1 contract
Sources: Lease Agreement (KMG America CORP)
Repairs. LANDLORD shall be responsible for The Tenant shall, at its sole expense, make all structural componentsnecessary repairs to the leased premises, including roofbut not limited to the boiler, building envelopeheating system, plumbing system, electrical system, sewage system and foundationother utility systems and equipment, windows, window glass, fixtures, and all common areas of the Buildingappliances, and shall perform such maintenance their appurtenances, and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreementequipment used in connection with the leased premises, provided, however, that LANDLORD shall not be responsible except for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises roof, structural walls and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowingRepairs to the roof, snow shoveling structural walls and ice removal must parking lot shall be completed by 6:30 a.m.the responsibility of the Tenant, unless snow only in the event that the roof, structural walls or wind conditions make this impracticalparking lot is damaged as a result of the Tenant's operations or negligence. If Such repairs, ordinary as well as extraordinary, shall be made promptly as and when necessary. All repairs shall be in quality and class at least equal to the snow original work. Repairs, alterations and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possibleimprovements shall be done using workmanlike standards. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are All work shall be performed in compliance with all applicable laws, ordinances, codes, rules and regulations regulations. The Tenant shall be responsible for maintaining the painting and decoration of any governmental authority having jurisdictionthe interior of the leased premises. On default of the Tenant in making such repairs the Landlord may, includingbut shall not be required to make such repairs and replacements, without limitationfor the Tenant's account, and the Americans expense thereof, together with Disabilities Act1 1/2% interest per month thereon shall constitute and be collectable as additional rent. EXPANSION SPACE In Landlord shall provide Tenant with written notice of default and a twenty (20) day period to cure prior to Landlord undertaking said repairs. The Landlord represents that the event TENANT leases any additional space elsewhere condition of the mechanical systems in the Building, premises are in good working order and will be maintained by the rent for said space shall be calculated Landlord at the finished office space rate per square foot per Landlord's sole expense for the first year of this Lease. Thereafter, all repairs will be the sole responsibility of the Tenant. However, replacements of the heating, ventilation or air conditioning systems will be prorated between the Landlord and the Tenant as follows: The Tenant shall pay that is in effect under this Lease Agreement proportion of the replacement equal to the number of years it has been a tenant at the premises divided by the age of the failed mechanical system. For example if the heater needs to be replaced after four years following the commencement of the Tenant's tenancy hereunder and the heater was 16 years old at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement Tenant will pay twenty-five (25%) percent (4 divided by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area 16) of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.heater replacement.
Appears in 1 contract
Repairs. LANDLORD Tenant shall give to Landlord prompt written notice of any damage to, or defectivecondition in any part or appurtenance of the Building’s plumbing, electrical, heat airconditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of Section 13, the Tenant shall, at the Tenant’s own expense, keep the Premises in good order, condition and repair during the term, the Tenant, at the Tenant’s expense shall keep in repair the elevators, electrical lines, plumbing fixtures located in the Building, heating and airconditioning equipment. The Tenant at the Tenant’s expense shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the premises or to the Tenant’s use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a condition which has been created by, or at the instance of, the Tenant, or is required by reason of a breach of any of the Tenant’s covenants and agreements hereunder. Landlord shall not be required to make any repairs or replacements of any panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or any other property installed in the Premises by the Tenant. Landlord shall be responsible for all structural components, including roof, building envelope, repairs and foundation, and all common areas restoration of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies Premises to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debrisextent expressly provided in this lease, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenancesprovisions of Article 13 hereof, and leasehold improvements (if applicable) included within to the scope extent, that the duties of repair or restoration are not imposed upon the Tenant pursuant to the provisions of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.lease.
Appears in 1 contract
Sources: Lease Agreement (American Railcar Industries, Inc./De)
Repairs. LANDLORD Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein and all heating, ventilating, air conditioning, electrical and utility systems that are located within and exclusively serve the Premises, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by casualty to, or condemnation of, the Premises, ordinary wear and tear and repairs for which Landlord is responsible pursuant to this Lease; provided however, that Landlord shall be responsible have the exclusive right, exercisable at Landlord's option, but not the obligation, to make such repairs and replacements if Tenant fails to make the same as required hereunder after expiration of the applicable notice and cure period provided in Article 19, and Tenant shall pay to Landlord the cost thereof, including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements promptly upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times and after reasonable prior written notice (except in emergencies) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to minimize any unreasonable interference with Tenant's use and occupancy of the Premises as a result of any entry by Landlord permitted under this Article 7. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. Subject to the provisions of the immediately preceding paragraph, Articles 11 and 13 of this Lease and Tenant's obligations under Article 4 to reimburse Landlord for Tenant's Share of the cost and expenses of the following described items, Landlord shall maintain or cause to be maintained in good order, condition and repair at all times during the Lease Term, the structural components, including portions of the roof, building envelopefoundations, floors and foundation, and all common areas exterior walls of the Building, the Common Areas, and shall perform such maintenance the Building plumbing, heating, ventilating, air conditioning, life safety and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, electrical systems serving the Building and the Common Areas; provided, however, that LANDLORD Tenant shall not be responsible for pay the cost of repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies replacements to the Leased Premises and common areas extent arising out of the Buildingnegligence or willful misconduct of Tenant or Tenant's Agents. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space Landlord shall be calculated at under no obligation to inspect the finished office space rate per square foot per year that Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements required to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.repair.
Appears in 1 contract
Repairs. LANDLORD Sublessor shall be responsible for all structural componentsdeliver the Subleased Premises to Sublessee in "broom clean" condition. Except as set forth in this Paragraph and in Paragraph 14 below, including roofSublessor shall have no obligation whatsoever to make or pay the cost of any alterations, improvements or repairs to the Subleased Premises, including, without limitation. any improvement or repair required to comply with any law, regulation, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements code or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements ordinance (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans With Disabilities Act of 1990 ("ADA"), except as provided in Addendum Paragraph 4 of the Master Lease for the period commencing with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in Commencement Date of the Building, Master Lease and ending with the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements day prior to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes Commencement Date of this Lease AgreementSublease, the area any violation of the Leased Premises shall match the following standard, which shall be based on measuring Sublessor's obligation, which violation Sublessor shall cure at Sublessor's expense within a reasonable period after receipt of written notice of same from Sublessee. Except to the inside finished surface extent caused by the negligence or willful misconduct of exterior wallsSublessor, its agents, employees, contractors or invitees, for which Sublessor shall be responsible, at no cost to Sublessee, for the performance of any repairs required as a result thereof, Sublessee shall look solely to Master Lessor for performance of any repairs required to be performed by Master Lessor under the terms of the Master Lease; provided, however, that if Master Lessor shall fail to perform any of its obligations in accordance with the terms of the Master Lease (including, without limitation, the failure to make required repairs), Sublessor, upon receipt of written notice from Sublessee, shall diligently attempt to enforce all obligations of Master Lessor under the Master Lease (without requiring Sublessor to spend more than a nominal sum, which nominal sum shall be limited to all costs associated with the preparation of and transmittal to Master Lessor of documentation from Sublessor or Sublessor's attorneys detailing the obligations to be performed by Master Lessor under the Master Lease). If, after receipt of written request from Sublessee, Sublessor shall fail or refuse to take action for the enforcement of Sublessor's rights against Master Lessor with respect to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Subleased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass("Action"), the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT Sublessee shall have the right at to take such Action in its own expense name, and for that purpose and only to hire an architect to determine the actual measurement such extent, all of the area based on rights of Sublessor as Tenant under the above standardMaster Lease hereby are conferred upon and assigned to Sublessee, and Sublessee hereby is subrogated to such rights to the extent that the same shall apply to the Subleased Premises. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease any such Action against Master Lessor in Sublessee's name shall be adjusted accordingly. In barred by reason of lack of privity, nonassignability or otherwise, Sublessee may take such Action in Sublessor's name; provided that caseSublessee has obtained the prior written consent of Sublessor, LANDLORD which consent shall not be unreasonably withheld, and, provided further, that Sublessee shall indemnify, protect, defend by counsel reasonably satisfactory to Sublessor and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount hold Sublessor harmless from and adjustments as set forth in Section 4 a.against any and all liability, loss, claims, demands, suits, penalties or damage (including, without being limited to, reasonable attorneys' fees and expenses) which Sublessor may incur or suffer by reason of such Action, except for any such liability, loss, claims, demands, suits, penalties or damage which Sublessor may incur or suffer by reason of Sublessor's negligent acts or omissions.
Appears in 1 contract
Sources: Sublease (Juniper Networks Inc)
Repairs. LANDLORD If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the Premises to the condition as of completion of the Landlord Work, the Common Areas and the portions of the Project serving the Premises. Such restoration shall be responsible to substantially the same condition of such items as prior to the casualty, except for all structural components, including roof, building envelope, and foundation, and all common areas modifications (a) required by Law; (b) required by the holder of a mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the Project. No such modifications shall perform materially impair access to the Premises and any Common Areas serving the Premises or the functional use of the Premises by Tenant. Tenant shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of any leasehold improvements installed by Tenant (unless Landlord has elected to insure the same, in which case such maintenance repair shall be Landlord’s responsibility) and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD Tenant’s Property. Landlord shall not be responsible liable for repairs upon implements any loss of business, inconvenience, or articles which are annoyance arising from any repair or restoration of any portion of the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, or the rent Project as a result of any damage from any casualty; except, subject to Section 17.3, as a result of Landlord’s negligence or willful misconduct in connection with such repair or restoration that (i) materially interferes with the operation of Tenant’s business; and (ii) would not be covered under a standard business interruption insurance policy. Following Landlord’s repair of the Premises, Tenant shall repair and restore any improvements installed by Tenant to substantially the same condition as prior to the casualty, except for said space modifications required by Law. All work by Tenant shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements subject to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as conditions set forth in Section 4 a.this Lease governing alterations and additions.
Appears in 1 contract
Sources: Lease (Ecost Com Inc)
Repairs. LANDLORD Except as otherwise provided in Section 10 of this Lease, and subject to the provisions of Section 9 of this Lease, Tenant shall, at its sole cost and expense, keep the Premises in good order, repair and tenantable condition at all times during the Term. Tenant shall promptly arrange with Landlord at Tenant's sole cost and expense for the repair of all damages to the Premises and for the replacement or repair of all damaged or broken glass, fixtures and appurtenances, except for exterior window glass broken through no fault of Tenant or its employees, agents, invitees or guests. If Tenant does not promptly make such arrangements, Landlord may, upon ten (10) days notice to Tenant (except where Landlord in good faith determines that notice is not prudent, but need not, make such repairs and replacements and the costs paid or incurred by Landlord for such repairs and replacements (including Landlord's overhead and profit, and the cost of general conditions) shall be responsible deemed additional rent due and payable within 10 days after receipt of a statement from Landlord. Landlord may enter the Premises at all reasonable times upon oral or written notice to Tenant (except where Landlord in good faith determines that notice is not prudent) to make any repairs, alterations, improvements or additions, including, but not limited to, ducts and all other facilities for all structural componentsheating and air conditioning service, including as Landlord shall desire or deem necessary for the safety, maintenance, repair, preservation or improvement of the Building, or as Landlord may be required or requested to do by governmental authorities. Landlord shall use reasonable efforts not to unreasonably interfere with Tenant's use of the Premises. Such work and any resultant interruption of services and facilities shall not be deemed an eviction of Tenant, and the rent shall in no way ▇▇▇▇▇, and Tenant shall not be entitled to any setoff or damages, except only as provided in Section 5 above with respect to interruptions in utilities. Landlord, as an Operating Expense (except where specifically excluded under Section 3 above) shall keep in good order, repair and condition the elevators, roof, building envelopeexterior walls, foundations, gutters, heating, cooling and foundationair conditioning (except any such equipment exclusively serving the Premises), electrical lines and plumbing (except those installed by Tenant with Landlord's approval) and all common areas of the Building, Building and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased PremisesLand, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common parking areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to reasonably free of snow and debris. Notwithstanding the inside finished surface foregoing, Tenant shall pay all costs of exterior wallssuch repair caused in any way by the negligence or intentional acts of Tenant, to the inside finished surface of building corridor and other permanent walls its contractors, agents, or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.employees.
Appears in 1 contract
Repairs. LANDLORD (a) Landlord’s obligation with respect to repair as part of Basic Services shall be responsible for all limited to at Landlord’s sole cost and expense, (i) the structural components, including roof, building envelope, and foundation, and all common areas portions of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are including the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior structural walls, ceilingsfoundations, windows concrete subflooring, structural elements of the roof, and doors. Janitorial Service: LANDLORD shall provide janitorial services underground utilities servicing the Building and supplies to the Leased Premises Project, and common areas (ii) as part of Operating Expenses, (A) the exterior walls of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, glass and glazing, (B) the Americans non-structural elements of the roof, (C) mechanical, electrical, plumbing and life safety systems except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant exclusively, and any supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems), and (D) Common Areas. Landlord shall not be deemed to have breached any obligation with Disabilities Actrespect to the condition of any part of the Project unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a reasonable time following the receipt by Landlord of such notice. EXPANSION SPACE In The foregoing notwithstanding: (i) Landlord shall not be required to repair damage to any of the event TENANT leases any additional space elsewhere in foregoing to the Buildingextent caused by the acts or omissions of Tenant or it agents, employees or contractors, except to the rent for said space extent covered by insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be calculated at governed by the finished office space rate per square foot per year provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake work of repair that Tenant is in effect required to perform under this Lease Agreement at and that timeTenant fails or refuses to perform in a timely and efficient manner. All costs incurred by Landlord in performing any such repair for the account of Tenant shall be repaid by Tenant to Landlord upon demand, together with an administration fee equal to ten percent (10%) of such costs. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or at interference with Tenant’s business arising from the publicly advertised rate per square foot per year for similarly finished office space making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Project. Tenant waives the right to make repairs at that timeLandlord’s expense under any law, whichever is lower. LANDLORD statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature).
(b) Landlord shall provide improvements deliver the Premises to Tenant as of the expansion space comparable to Commencement Date in broom-clean condition and free of debris, with the improvements provided to existing Building-standard plumbing, lighting, roof, electrical, fire sprinkler, life and safety, and HVAC systems serving and within the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion spacePremises (collectively, the effective date of TENANT’s right of occupancy“Operating Systems”) in good operating condition and recently serviced, and including balancing the amount of additional rent that shall be due and payable to LANDLORDHVAC. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior wallsIn addition, to the inside finished surface best of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glassLandlord’s knowledge, the dimension is taken from the interior glass line; otherwisePremises, to the interior finished surface. Vertical shaftsBuilding, elevators, stairwells, flues, pipe shafts, dock areas, mechanical roomsProject, and utility restrooms (including the parking areas) were all in a condition that met current codes and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies conditions at time of construction of such items and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to will meet such codes and conditions on the Commencement Date, subject to grandfathered rights, if and to the TENANT extent required by applicable governmental authorities. If a non-compliance with such warranty exists as of the Commencement Date or if one of such Operating Systems or elements should malfunction or fail within the warranty period below, as Tenant’s sole remedy for Landlord’s breach of this warranty, Landlord shall, as Landlord’s sole obligation, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, repair same at Landlord’s expense; provided, however, Landlord shall have no liability hereunder for repairs or replacements to the right extent necessitated by the acts or omissions of Tenant and/or any of Tenant’s agents. The warranty period shall be nine (9) months after delivery of the Premises to Tenant, including the Early Access Period. Except as provided in the foregoing, Tenant, at its own expense 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 hire an architect 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 determine said facilities or systems). Tenant shall make all repairs to the actual measurement 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 and not covered by insurance included as part of the area based on the above standardOperating Expenses. If TENANT’s architect determines that Tenant fails to make such repairs or replacements within thirty (30) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the area cost thereof, together with an administration fee equal to ten percent (10%) of such costs.
(c) Upon the Leased expiration or earlier termination of this Lease, Tenant shall surrender the Premises is less than what LANDLORD has calculatedin a in broom-clean condition and free of debris, Rent due under this Lease shall be adjusted accordinglynormal wear and tear and casualty excepted. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments Except as otherwise set forth in Section 4 a.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 and casualty 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 within ten (10) business days of written notice from Landlord, Tenant shall be deemed to have abandoned the same, in which case Landlord may store or dispose of the same at Tenant’s expense, appropriate the same for itself, and/or sell the same in its discretion.
Appears in 1 contract
Repairs. LANDLORD Landlord/Agent will make repairs with all due haste upon receipt of notice from Tenant of any defect, problems, or needed repairs, Tenant will be contacted by a contractor to schedule repairs. ANY REPAIRS OR REPLACEMENTS OF THE PROPERTY, EQUIPMENT, OR APPLIANCES NECESSARY DUE TO ACTS OF COMMISSION OR OMISSION OF TENANT, HIS FAMILY, GUESTS, EMPLOYEES, OR PETS, SHALL BE PAID BY THE TENANT. Determination of whether any such repair or replacement is due to normal wear and tear or due to acts of commission or omission by ▇▇▇▇▇▇, his family, guests, employees, or pets, shall be responsible for all structural componentsmade by a qualified professional, including roofselected by the Landlord/Agent, building envelope, and foundation, and all common areas who is familiar with the maintenance or repair of the Buildingproperty, equipment, or appliances in question. Any repair or replacement such as might fall under normal maintenance listed in paragraph 12 above shall be the responsibility of the Tenant regardless of cause (unless caused by the negligence of the Landlord/Agent or their employees). Any unauthorized repairs shall be at Tenant's expense and liability and shall perform such maintenance and make such necessary be a material breach of this lease by ▇▇▇▇▇▇. Tenant shall promptly notify Landlord/Agent of any defect, problems, or needed repairs so as with respect to continue to provide all such service appurtenances as are required by this Lease Agreementthe premises, provided, however, that LANDLORD but shall not be responsible for order such repairs upon implements on or articles which are about the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading premises without prior written approval from the public sidewalks Landlord/Agent. Tenant hereby expressly agrees to limit or restrict any activity on the Building free from snowpremises which could cause further damage or injury as a result of such defect, ice and debrisproblem, including the parking lotor needed repair, until such time as proper corrective action can be taken. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in repairs are performed by Tenant without Landlord/Agent’s verbal or written authorization, Tenant hereby warrants that such activity will be undertaken only if the Buildingperson performing such repair is competent and qualified to perform it, assuring that the rent work done is safe and meets all applicable codes and statutes. Tenant warrants that he/she will be accountable for said space shall any mishaps, injuries or accidents resulting from such work Tenant performs or causes to be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancyperformed by others, and that Tenant will hold the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area Landlord of the Leased Premises shall match property and the following standardLandlord's Agents free of liability, which shall be based on measuring to the inside finished surface harm, litigation or claims of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters Tenant or other projections persons. Under no circumstances is the cost of said repairs to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement be deducted from any installment of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.rent.
Appears in 1 contract
Sources: Lease Agreement
Repairs. LANDLORD Tenant shall be responsible for making all routine, interior repairs, replacements of light bulbs and other minor items and for performing routine maintenance to the Premises. All repairs, replacements and maintenance shall be in quality and class at least equal to the original work. If after fifteen (15) days prior written notice to Tenant (or in case of an emergency, such lesser period as is reasonable under the circumstance) Tenant fails to make such repairs, replacements or maintenance, Landlord may, but shall not be required to, make such repairs, replacements or maintenance for Tenant’s account and at Tenant’s expense. All such costs shall be paid by Tenant as additional rent in the manner set forth under Paragraph 4.03. Tenant shall treat with due care all portions of the Buildings and Premises. Landlord shall maintain and repair, commensurate with other class “B” office buildings in Bergen County, New Jersey, the Buildings systems, the structural componentsportions of the Buildings (whether inside or outside of the Premises), including the roof, building envelope, and the foundation, and all the common areas of the BuildingBuildings, and shall perform such maintenance and make such necessary repairs so as any item for which Tenant or another tenant in the Buildings is not responsible to continue to provide all such service appurtenances as are required by this Lease Agreement, providedrepair; excluding, however, that LANDLORD (a) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence and (b) repairs which Tenant is obligated to make pursuant to Section 10.01 and the other terms of this Lease. Nothing contained in this Section shall require Landlord to paint the Premises. No liability of Landlord to Tenant shall, however, accrue under this Section unless and until Tenant has given notice to Landlord of the specific repair required to be made, or of the failure properly to furnish any service. Landlord shall endeavor not to unreasonably interfere with Tenant’s use and occupancy of the Premises in making any repairs or performing any maintenance required pursuant to this Section, but Landlord shall not be responsible for repairs upon implements or articles which are obligated to use overtime labor. Landlord shall also perform all work necessary, at Landlord’s sole cost, to ensure that the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas enclosure of the Building. Snow Removal: LANDLORD shall keep Buildings for each floor of the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdictionPremises, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Buildingroof and all windows, the rent for said space shall be calculated weather tight and free of leaks. All damage to the Premises caused by leaks or infiltration shall be repaired by Landlord at Landlord’s sole cost and expense. Tenant shall permit Landlord and its agents to enter the finished office space rate per square foot per year that is in effect under this Lease Agreement Premises at that timeall reasonable times to inspect the Premises with reasonable advance notice, to clean windows, perform cleaning services, maintain the Buildings, make repairs, to post notices of non-liability for alterations, additions, or at the publicly advertised rate per square foot per year repairs, without any abatement of rent to Tenant or damages for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount any loss of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect occupation or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area quiet enjoyment of the Leased Premises shall match provided that Landlord or its agents will use reasonable efforts to minimize interference with Tenant’s business activities. Landlord and its agents may during the following standardlast nine (9) months of the Term, which shall be based on measuring to enter the inside finished surface of exterior wallsPremises at reasonable hours with reasonable advance notice, to exhibit the inside finished surface of building corridor and other permanent walls or same to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.prospective tenants.
Appears in 1 contract
Repairs. LANDLORD Landlord shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property roof and exterior walls of TENANTthe Premises. LANDLORD will Such repairs to be completed within a reasonable period following receipt of written notice from Tenant of the need for any such repairs. Tenant shall be responsible to for the maintenance, repair and maintain replacement of any glass and doorways, and any roofing and exterior walls if the Leased Premisesnecessity therefore should be the result of Tenant’s negligence or intentional act(s) or the negligence or intentional act(s) of any agent, including interior wallsemployee, ceilingscustomer, windows invitee or licensee of Tenant, as well as for the maintenance, repair and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies replacement of any other portions of the Premises not otherwise expressly required to be maintained by Landlord pursuant to the Leased Premises and common areas of the Buildingterms hereof. Snow Removal: LANDLORD Tenant shall keep the public sidewalks adjacent to interior of the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order repair, maintaining and that are in compliance with replacing, when necessary, all applicable lawselectrical, ordinancesplumbing, and regulations of any governmental authority having jurisdictionheating, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor air conditioning and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an mechanical installations and shall maintain and repair all doors (exterior wall is and interior) and all plate glass and window glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, effecting all such repairs and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right replacements at its own expense and employing materials and labor of a kind and quality equal to hire an architect to determine the actual measurement of the area based on the above standardoriginal installations. If TENANT’s architect determines that Tenant fails to replace or repair equipment or other installations in or about the area Premises as above provided, then immediately after advising Tenant in writing as to the necessity therefore, Landlord may accomplish the required work and add the cost thereof to the next due rental installment(s) but Tenant shall not be liable to the Landlord for any failure to fulfill obligations of this paragraph until such time as the Leased Premises is less than what LANDLORD has calculated, Rent due under Tenant shall be notified in writing of such failure. Tenant agrees to keep in force during the term of this Lease a standard maintenance agreement on all heating and air conditioning equipment and to provide a copy of such maintenance agreement to Landlord. The agreement shall require a semiannual inspection of equipment and Tenant will furnish Landlord with semiannual certifications by the inspection company that such equipment is in good repair. Any repairs or replacement required to be made to such equipment shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments done or made only by such persons or corporations as set forth have been approved in Section 4 a.advance by Landlord.
Appears in 1 contract
Sources: Lease Agreement (Dgse Companies Inc)
Repairs. LANDLORD 7.01 Tenant shall take good care of the Demised Premises and the fixtures and appurtenances therein and at its sole cost and expense make all repairs thereto as and when needed to preserve the same in good working order and condition, reasonable wear and tear excepted. Tenant shall not be responsible for all obligated to make any structural components, including roof, building envelope, and foundation, and all common areas repairs to the Demised Premises.
7.02 Landlord shall take good care of the Building, including but not limited to all heating, electrical and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are plumbing systems servicing the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Demised Premises, including interior wallsstructural components, ceilingsand the roof and at its sole cost and expense make all repairs thereto as and when needed to preserve the same in good working order and condition, windows reasonable wear and doors. Janitorial Service: LANDLORD tear excepted.
7.03 Tenant’s Repairs shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT performed in a clean and sanitary condition with all systemscompetent, services, appurtenancesprofessional, and leasehold improvements (if applicable) included within the scope of this Lease Agreement workmanlike manner in effect and in good running order and that are in compliance accordance with all applicable laws, ordinancescodes, rules and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space and shall be calculated performed at Tenant’s sole cost and expense. Tenant shall make Tenant’s Repairs promptly and with all reasonable diligence as and when same become necessary or appropriate. Without limiting the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timeforegoing, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD Tenant shall provide improvements perform Tenant’s Repairs promptly after written notice which may be given by Landlord to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based Tenant (but without creating any obligation on the following standard part of measurementLandlord to give any such notice). For purposes of this Lease Agreement, the area All contractors and/or subcontractors performing any of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters Tenant’s Repairs or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due repairs required under this Lease shall be adjusted accordinglyrequired to maintain policies of workers’ compensation and employer’s/contractor’s liability insurance and shall name Landlord and Tenant as additional insured on all liability insurance policies and evidence of all liability and workers’ compensation insurance policies shall be furnished to Landlord prior to the commencement of any Tenant’s Repairs by any such contractors and/or subcontractors and at any other times upon demand by Landlord. In All work shall be performed by licensed contractors and/or subcontractors reasonably acceptable to Landlord pursuant to plans and specifications prepared by licensed architects and/or engineers reasonably acceptable to Landlord (as applicable for the work being performed).
7.04 Tenant shall be charged as Additional Rent for any expenses Landlord may incur as a result of any such occurrence in the event Tenant fails to make the required repairs after notice and the passage of the applicable cure period.
7.05 Tenant shall be solely liable for any accident arising out of the disrepair or neglect in the maintenance, operation and/or control of the Demised Premises except for Landlord’s negligence or gross misconduct.
7.06 If, in an emergency, it becomes necessary to make prompt repairs, Landlord may enter the Demised Premises and make all necessary repairs and/or replacements. If said repairs or replacements are occasioned by the acts of the Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the cost of making same within fifteen (15) days after Landlord renders a ▇▇▇▇ therefore.
7.07 Tenant shall only install and use customary office equipment and shall first obtain Landlord’s written approval in the event that caseTenant intends on using “non-customary” equipment.
7.08 Business machines and mechanical equipment used by Tenant which cause vibration, LANDLORD noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and TENANT maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air-conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall enter into an amendment be under no obligation to endeavor to reduce such vibration, noise, heat or cold.
7.09 Except as otherwise specifically provided in this Lease setting forth Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the newly calculated Rent amount and adjustments as set forth part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in Section 4 a.or to any portion of the Building or the Demised Premises or in or to fixtures, appurtenances or equipment thereof.
Appears in 1 contract
Repairs. LANDLORD (a) By taking possession of the Premises, Tenant shall be responsible for all structural componentsdeemed to have accepted the Premises as being in good, including roofsanitary order, building envelopecondition and repair except as may be noted in writing and delivered to Landlord within seven (7) days of possession. Tenant shall, at Tenant's sole cost and foundationexpense, keep the Premises and all common areas every part thereof in good condition and repair, damage thereto from causes beyond the reasonable control of Tenant and from ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of the BuildingLease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall perform such maintenance have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and make such necessary repairs so the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as to continue to provide all such service appurtenances as are required by this Lease Agreementspecifically herein set forth.
(b) Notwithstanding the provisions of Article 13
(a) hereinabove, provided, however, that LANDLORD Landlord shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas structural portions of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Buildingbasic plumbing, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timeair conditioning, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that timeheating, whichever is lower. LANDLORD shall provide and electrical systems and all other improvements to the expansion space comparable real property upon which the Building is situated installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the improvements reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless Landlord shall fail within five (5) days (or such shorter period as the importance or the crucial nature of the repair may reasonably require) after notice of the need of such repairs or maintenance is given to Landlord by Tenant, to commence and diligently prosecute such maintenance and repair. Further notwithstanding the provisions of Article 13
(a) hereinabove, Landlord shall maintain the overall appearances of the Premises and the public areas of the building and its appurtenant property at a high standard, specifically including, but in no way limited to, repainting or replacing carpeting in cases where fair wear and tear have impaired their appearance to a level inconsistent with the quality of the property. Should Landlord fail to thus commence or diligently prosecute any maintenance or repair hereby required by Landlord to be performed, then Tenant may cause such maintenance or repair to be performed and deduct the cost thereof from the next rent payable by Tenant to Landlord. Except as provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement in Article 24 hereof, there shall be executed setting forth no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the amount making of such expansion spaceany repairs, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable alterations or improvements in or to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area any portion of the Leased Building or the Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or in or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glassfixtures, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, appurtenances and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.equipment therein.
Appears in 1 contract
Repairs. LANDLORD Subject to the terms of Section 11 hereof, Tenant will, at Tenant's own expense, keep the Premises in good order, repair and condition at all times during the Term, and Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, under the supervision and subject to the approval of the Landlord (which approval shall not unreasonably be withheld, conditioned or delayed), and within any reasonable period of time specified by the Landlord. If Tenant does not do so, Landlord may, upon prior reasonable notice (except no notice shall be responsible necessary in an emergency) but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage (not to exceed 10%) of the costs thereof sufficient to reimburse Landlord for all structural componentsoverhead, including roofgeneral conditions, building envelopefees and other costs or expenses arising from Landlord's involvement with such repairs and replacements, and foundationwithin ten (10) days of being billed for same. Landlord may, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD but shall not be responsible for repairs upon implements or articles required to, enter the Premises at all reasonable times and with prior reasonable notice (which are notice may be verbal, and except that no notice shall be required in the personal property event of TENANT. LANDLORD will be responsible an emergency) to repair make such repairs, alterations, improvements and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies additions to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent or to the Building and or to any sidewalks equipment located in the Building as Landlord shall desire or stairways leading from deem necessary or as Landlord may be required to do by governmental authority or court order or decree. Landlord agrees to use reasonable efforts not to interfere with the public sidewalks conduct by Tenant of its business in the Premises during ordinary business hours in connection with any such work performed by Landlord. Landlord shall, at Landlord's expense (subject to inclusion of such expenses in Operating Expenses to the Building free from snowextent permitted by Section 3 hereof), ice keep in good order, repair and debris, condition (including the parking lot. Snow plowing, snow shoveling replacement) consistent with a Class "A" office building in downtown Chicago and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are maintain in compliance with all applicable lawslaws at all times during the Term, ordinances, and regulations all structural elements of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, including floor and ceiling slabs, the rent for said space shall be calculated at exterior walls and windows, the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timeroof, or at common Building mechanical, plumbing, electrical and HVAC systems, the publicly advertised rate per square foot per year for similarly finished office space in elevators, the washrooms, the lobby of the Building at that time, whichever is lower. LANDLORD shall provide improvements and all other common areas of the Building to the expansion space comparable extent such systems or common areas service or are of benefit to the improvements provided to the space leased under this Lease AgreementPremises. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD Landlord represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior wallsthat, to the inside finished surface best of building corridor its knowledge, without any independent inquiry or investigation, all common Building mechanical, plumbing, electrical and other permanent walls or to HVAC systems serving the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, are in good working order and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement repair as of the area based on the above standard. If TENANT’s architect determines that the area date of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Lease.
Appears in 1 contract
Sources: Lease (Orbitz Inc)
Repairs. TENANT agrees to:
a) immediately report to LANDLORD shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible in writing any damages or needed repairs; and
b) pay for repairs upon implements or articles which are needed due to the personal property fault of TENANT or any of TENANT's family or guests. If TENANT or any occupant needs to send a notice or request—for example, for repairs, installations, services, ownership disclosure or security-related matter-- IT MUST BE SIGNED AND PROVIDED IN WRITING to LANDLORD’s designated representative (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). LANDLORD’s written notes on TENANT’s oral request do not constitute a written request from TENANT. LANDLORD’s compliance with or responding to any oral request regarding security or any other matters does not waive the strict requirement for written notices under this LEASE. TENANT must promptly notify LANDLORD in writing of: water leaks; mold; electrical problems; malfunctioning lights; broken or missing locks or latches; and other conditions that pose a hazard to property, health, or safety. LANDLORD may change or install utility lines or equipment serving the UNIT if the work is done reasonably without substantially increasing TENANT’s utility costs. LANDLORD may turn off equipment and interrupt utilities as needed to avoid property damage or to perform work. If utilities malfunction or are damaged by fire, water or similar cause, TENANT must notify LANDLORD’s representative immediately. If air conditioning or other equipment malfunctions, TENANT must notify LANDLORD’s representative as soon as possible on a business day. LANDLORD will be responsible act with customary diligence to repair make repairs and maintain the Leased Premisesreconnections, including interior wallstaking into consideration when casualty insurance proceeds are received. RENT will not ▇▇▇▇▇ in whole or in part. If LANDLORD believes in its sole judgment that damage is substantial, ceilingsor that performance of needed repairs poses a danger to TENANT, windows and doorsLANDLORD may terminate this LEASE without liability by giving TENANT at least five (5) days written notice. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks may also remove personal property if it causes a health or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impracticalsafety hazard. If the snow and ice removal LEASE is not completed by 6:30 a.m.so terminated, LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean refund prorated RENT and sanitary condition with all systemsdeposits, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.lawful deductions.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs. LANDLORD Tenant shall be responsible for all structural componentsuse its best efforts to promptly and adequately notify Landlord in writing of any repairs and/or replacements to the Leased Premises or the Landlord's Work that are necessary or appropriate. Upon Landlord obtaining knowledge of any repair and/or replacement to the Leased Premises or the Landlord's Work (but not any alterations, including roofadditions or improvements made thereto) that is necessary or appropriate, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and Landlord will make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreementrepair and/or replacement, provided, however, that LANDLORD except Landlord shall not be responsible obligated to make any repair or replacement that is a result of ordinary wear or tear, or is a repair and/or replacement which Tenant is obligated to make pursuant to this Lease. Provided that Tenant has fulfilled its obligation in the first (1st) sentence of this Paragraph 8, any repair or replacement which Landlord is obligated to make pursuant to this Lease shall be made at Landlord's expense, except as expressly provided to the contrary in this Lease. Tenant shall be liable to Landlord for repairs upon implements the cost of any repair or articles replacement which are Landlord is obligated to make under this Paragraph 8 to the personal property extent Tenant's failure to fulfill its obligation in the first (1st) sentence of TENANTthis Paragraph 8 caused such cost to exceed the cost of such repair or replacement if Tenant had fulfilled such obligation. LANDLORD will If Landlord fails to commence efforts to make any repair and/or replacement that Landlord is obligated to make under this Lease, other than a repair and/or restoration covered by Paragraph 12 hereof, within thirty (30) days from the date that Tenant gives Landlord such written notice of Landlord's obligation hereunder to perform any such repair and/or replacement, or within a shorter, reasonable period of time in the event of an emergency, and thereafter continue such efforts until such repair and/or replacement is completed, Tenant then, if such failure continues after Tenant has given Landlord a ten (10) day, or a shorter, reasonable period in the event of a emergency, written notice of Tenant's intent to make such repair and/or replacement, Tenant shall have the right, at its option, to perform such repair and/or replacement if Landlord has not made such repair and/or replacement during such ten (10) day period, subject to the other terms and provisions of this Lease, and Landlord shall reimburse Tenant the reasonable cost thereof approved in advance by Landlord in writing, and such approval shall not be responsible unreasonably withheld, delayed or conditioned. Except in an emergency, prior to performing any repair and/or replacement allowed under this Lease, Tenant shall obtain Landlord's prior written approval, which approval shall not be unreasonably withheld, delayed or conditioned, of the contractor and maintain each subcontractor which shall perform any part of such repair and/or replacement. Anything in this Lease to the contrary, notwithstanding, Tenant shall be obligated to perform and pay the cost of any repair and/or replacement to the Leased Premises, including interior wallsthe improvements provided in connection with the Landlord's Work and any alterations, ceilingsadditions or improvements made to the Landlord's Work, windows the Building or the Property necessitated by the negligence or willful misconduct of Tenant, or any of its Affiliates, agents, employees, contractors, subcontractors, suppliers, invitees or guests. If Tenant fails to commence efforts to make any repair and/or replacement Tenant is obligated to perform under this Lease within thirty (30) days from the date that Landlord gives Tenant written notice of Tenant's obligation hereunder to perform any such repair and/or replacement, or within a shorter, reasonable period of time in the event of an emergency, and doors. Janitorial Service: LANDLORD thereafter continue such efforts until such repair and/or replacement is completed, Landlord and its designee shall provide janitorial services and supplies have the right, at Landlord's option, to enter the Leased Premises and common areas of perform such repair and/or replacement and Tenant shall pay Landlord the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdictionreasonable costs thereof, including, without limitation, a percentage of the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in costs thereof [such percentage to be established by Landlord from time to time on a uniform basis for the Building, but such percentage shall not exceed ten percent (10%)] sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from the rent supervision of such repair and/or replacement by Landlord or Landlord's designee, promptly upon being billed for said space same. Notwithstanding the foregoing in this ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ may, but shall not be calculated required to, enter the Leased Premises at all reasonable times to make, at Landlord's cost and expense, such repairs, replacements, alterations, additions or improvements to the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, Leased Premises or at to the publicly advertised rate per square foot per year for similarly finished office space Building or to any equipment located in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement as shall be executed setting forth the amount of necessary or as Landlord may be required to do by contract, governmental authority or court order or decree. No such expansion spaceentry or repairs, the effective date of TENANT’s right of occupancyreplacements, and the amount of additional rent that alterations, additions or improvements by Landlord shall be due deemed or contrued to be a disturbance of Tenant's quiet and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area peaceable possession of the Leased Premises shall match the following standardor a violation of any rights of Tenant or of any covenants or other obligations of Landlord under this Lease; provided, which shall be based on measuring however, Landlord will use reasonable efforts to the inside finished surface of exterior wallsminimize interference with Tenant's rights under Paragraph 26 hereof. Repairs, replacements, alterations, additions and improvements to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space required to be made by any governmental authority or common area space. If more than 50% court order or decree, or board of an exterior wall is glassfire underwriters, the dimension is taken from the interior glass line; otherwiseshall be made by Landlord, at Landlord's expense, except to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used extent such expense is included in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Operating Expenses.
Appears in 1 contract
Sources: Office Lease (Hagler Bailly Inc)
Repairs. LANDLORD In the event of a fire or other casualty in the Leased Premises, Tenant shall be responsible for all structural componentsimmediately give notice thereof to Landlord. Except as otherwise provided below, including roof, building envelope, and foundation, and all common areas Landlord shall use its reasonable efforts after receipt of insurance proceeds to cause the Building, and shall perform such maintenance and make such necessary repairs so as to continue the Leased Premises to provide all such service appurtenances as are required by this Lease Agreement, be made with due diligence and reasonable dispatch; provided, however, that LANDLORD Landlord shall not be responsible for repairs upon implements required to repair or articles which are the replace furnishings, furniture, or other personal property which Tenant may be entitled to remove from the Leased Premises or any property improvement constructed and installed by or for Tenant other than what was originally built by Landlord as part of TENANTLandlord s Work or Additional Work. LANDLORD will be responsible Subject to repair Landlord receiving insurance proceeds, Landlord shall make reasonable efforts to commence making the required repairs to the Leased Premises within thirty (30) days following the date of the casualty or other damage and maintain thereafter prosecute the repairs with due diligence and reasonable dispatch. If the Leased Premises, including interior wallsor any portion thereof, ceilingsshall be partially destroyed by fire or other casualty so as to render the Leased Premises, windows or any portion thereof, untenantable and doors. Janitorial Service: LANDLORD such portion is not actually used by Tenant, the rent shall provide janitorial services and supplies proportionately ▇▇▇▇▇ thereafter until such time as the Leased Premises, or any portion thereof, are made tenantable; provided, however, there shall be no abatement of rent and/or any abatement of rental shall cease as to any portion of the Leased Premises actually used by Tenant. If ▇▇▇▇▇▇▇▇ has elected to repair and common areas reconstruct the Leased Premises, which election and notice of such election to Tenant must occur within thirty (30) days after the date of the Building. Snow Removal: LANDLORD shall keep casualty (or within sixty (60) days after such casualty if the public sidewalks adjacent to the Building and any sidewalks event causes 50% or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver more of the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicablebe untenantable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that casecontinue in full force and effect and such repairs, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth except in the newly calculated Rent amount and adjustments event of a major casualty as set forth in Section 4 a.11.B below, will be made as soon as reasonably practicable thereafter, but not later than 180 days after the date of the casualty or other damage, subject to Excusable Delays; provided, however, that Landlord shall use reasonable efforts to not unreasonably interfere with ▇▇▇▇▇▇ s use and occupancy of any portion of the Leased Premises not destroyed or damaged. Except as otherwise expressly provided above, in no event shall Landlord be required to commence the restoration or repair of the Buildings until Landlord receives the insurance proceeds therefore. No damages, compensation, or claims shall be payable by Landlord for any inconvenience, loss of business, or annoyance arising from such repair and reconstruction. Tenant and Landlord agree that the Term of this Lease shall be extended by a period of time equal to the period of such repair and reconstruction. Notwithstanding the foregoing, if such repairs are not completed within 180 days after the date of the casualty (subject to force majeure) Tenant shall have the right to terminate this Lease by providing written notice of such termination to Landlord. No damages, compensation, or claims shall be payable by Landlord for any inconvenience, loss of business, or annoyance arising from such repair and reconstruction.
Appears in 1 contract
Sources: Lease Agreement
Repairs. LANDLORD Tenant shall make minor repairs to the Property, such as unclogging a toilet or sink, changing air filters monthly, and/or changing light bulbs. If a more significant repair is necessary, Tenant shall give Landlord promptly notify Landlord of the need for repair in writing. In the event of a water leak or other situation that may result in further damage to the Property, Tenant shall notify Landlord within one (1) hour of his or her discovery of the same. Landlord shall make reasonable efforts to make repairs to the Property in a promptly and timely fashion. Under no circumstances shall Landlord be responsible for all structural componentsthe bills for repairmen, including roof, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timecontractors, or at others hired by the publicly advertised rate per square foot per year for similarly finished office space in Tenant to perform work on the Building at that timeProperty. Moreover, whichever is lower. LANDLORD shall provide improvements to performing work on the expansion space comparable to Property without the improvements provided to the space leased under Landlord’s consent may constitute a breach of this Lease Agreement. An amendment Use of the Property The Property is leased for residential use only. Tenant shall not operate any business on the Property. ▇▇▇▇▇▇ agrees not to use the Property for any illegal purposes or Lease will be terminated. The Tenant or their guests shall not use the Property in such a way as to disturb the quiet enjoyment and peace of any other Tenant or nearby resident. Examples of reasons that the Landlord may terminate this Lease Agreement shall be executed setting forth as the amount result of such expansion space▇▇▇▇▇▇’s improper use of the Property include, but are not limited to, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it following: Tenant has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based given false/incorrect information on the following standard of measurementrental application. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring Tenant acts in such a fashion that causes Landlord to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If receive more than 50% three (3) complaints in a one (1) month period concerning activities of an exterior wall Tenant or his or her guests. Tenant allows anyone who is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due not listed under this Lease shall be adjusted accordinglyto occupy the Property for a period of more than three nights in any given month without obtaining express written consent from the Landlord. In Tenant fails to allow Landlord to gain access to the Property. Tenant keeps a waterbed or fish tank over 10 gallons on the Property without written permission from the Landlord. Tenant engages in or allows others to engage in illegal activity on the Property. Tenant fails to notify Landlord of any absence from the Property to exceed seven (7) days. ▇▇▇▇▇▇ removes, modifies, or adds any fixtures to the Property or makes alterations to the Property without the express written consent of Landlord. Tenant fails to keep the Property clean and safe. Tenant or Tenant’s guests cause damage to the Property that case, LANDLORD exceeds normal wear and TENANT shall enter into tear. Tenant brings hazardous materials onto the Property. Tenant changes the locks without the consent of the Landlord. Tenant fails to keep the Property at a temperature of at least fifty (50) degrees during winter months. Tenant allows an amendment unauthorized Pet onto the Property. Tenant fails to this Lease setting forth maintain liability insurance in the newly calculated Rent amount and adjustments as amounts set forth in Section 4 a.above. Tenant fails to provide the Landlord with a current phone number.
Appears in 1 contract
Sources: Month to Month Lease
Repairs. LANDLORD (a) Landlord shall be responsible at its sole cost and expense for any replacement as it deems necessary or advisable of the roof and structural components (i.e., exterior walls and foundation) of the Building in which the Premises are located and for the replacement as it deems necessary or advisable of the heating, ventilating and air conditioning systems of the Premises ("HVAC System"). Landlord shall perform such work after reasonable notice to Tenant and at a time and in a manner so as to minimize the disruption of or interference with Tenant's normal conduct of business or access to the Premises and in conformance with all structural componentssecurity requirements reasonably imposed upon the Premises by the Tenant, including roofbut nothing contained herein shall require Landlord to incur overtime expenses for any such work. Except as set forth in the preceding paragraph, building envelopeTenant shall, commencing on the Commencement Date and thereafter at all times, be solely responsible at its sole cost and expense for keeping each and every element of every kind and nature of the Premises and the Building thereon repaired, maintained, replaced or added to so as to maintain the same in good order, in sanitary and safe condition and repair, and foundationin compliance with all governmental laws, ordinances, codes and other requirements and all common areas insurance requirements. Those elements of the Premises for which Tenant shall be responsible include, by way of example and not limitation, the following, except as otherwise provided in paragraph (a) above: all repairs and replacements to and maintenance of the Building, its mechanical, electrical and plumbing systems, fixtures and other improvements and the HVAC system and elevators (each of which shall be maintained and repaired by a service company reasonably acceptable to Tenant, pursuant to a contract reasonably acceptable to Tenant) and all grounds, sidewalks and parking areas, including snow and ice removal. All such costs incurred by Tenant in connection with this paragraph shall be deemed Operating Expenses. Except for Landlord's replacement obligations as expressly set out in the paragraph above, this Lease shall be absolute net to Landlord, with no right whatsoever by Tenant of setoff, deduction or recoupment. Landlord shall not assess Tenant any management or administrative fees in connection with this Lease.
(b) Tenant shall promptly perform such any maintenance and make such necessary repairs so as any repair or replacement which Tenant is required to continue make pursuant to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT Section 7.1(a) in a clean good and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect workmanlike manner and in good running order and that are in compliance conformance with all applicable laws, ordinancesordinances and codes and insurance requirements. If Landlord has given notice to Tenant of the need to perform such maintenance and to make such repairs or replacements, and regulations Tenant has failed to commence to take appropriate actions and/or complete such work (as the case may be) within a reasonable time after receipt of any governmental authority having jurisdictionsuch notice based upon the nature of the work, includingbut, without limitationin no event, exceeding thirty (30) days after notice, or thereafter fails to proceed with reasonable diligence to complete such work, Landlord may, but shall not be obligated to, complete such work after prior written notice to Tenant of Landlord's intention to do so. Landlord shall provide Tenant with reasonable documentation evidencing the Americans with Disabilities Actreasonable costs and expenses incurred by Landlord in exercising this right of self-help. EXPANSION SPACE In Tenant shall reimburse Landlord for reasonable costs and expenses incurred by Landlord within ten (10) days after receiving Landlord's documentation. Notwithstanding the foregoing, in the event TENANT leases that any additional space elsewhere occurrence upon the Premises shall result in a condition imminently threatening to the Premises in the Buildingreasonable and good faith judgment of the Landlord (such occurrence being referred to herein as an "Emergency"), and such Emergency is of such a nature that Tenant is be required to remedy same under the rent for said space terms of this Lease, and if Tenant shall not immediately take such steps as are necessary to cause an abatement of the condition or conditions giving rise to such Emergency after receiving notice thereof from Landlord, then in such event Landlord may thereafter take such steps and engage in such curative actions as are reasonably required to abate the Emergency without further n▇▇▇▇▇ to Tenant, upon the doing of which Landlord shall be calculated entitled to reimbursement from Tenant for the costs to Landlord of all such curative actions, and Tenant shall be obligated to pay same within thirty (30) days after receipt of such invoice and supporting documentation from Landlord.
(c) Tenant agrees that it will not commit or permit waste at the finished office space rate per square foot per year that is Premises and will surrender the Premises in effect under this Lease Agreement at that time, or a broom-clean condition at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area expiration of the Leased Premises shall match the following standardLease, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor normal wear and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, tear and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.loss by casualty excepted.
Appears in 1 contract
Repairs. LANDLORD Tenant will keep the interior of the Leased Premises, together with all electrical, plumbing and mechanical installations therein, servicing the Leased Premises, in good order and repair and will make all replacements at its own expense. Landlord represents and warrants that all installations are in good working order. Tenant will surrender the Leased Premises at the expiration of the term, or at such other time as it may vacate the premises, in as good condition as when received, excepting depreciation caused by ordinary wear and tear and damage by fire, unavoidable accident, or act of God. Tenant must engage the services of a reputable heating, ventilating and air conditioning company and obtain on an annual basis, a one-year service policy for the heating, ventilating and air conditioning equipment for the Leased Premises, and replacing of filters contained within the equipment on at least a bi-annual basis. Cost of this policy shall be borne by the Tenant and a copy of same must be mailed to Landlord within ten (10) days of occupancy in the initial year of the term of the Lease and ten (10) days after the first day of each and every subsequent year of occupancy during the term of this Lease. If Tenant fails to obtain an annual service policy as herein described, or fails to provide Landlord with a copy of said policy within ten (10) days as required herein, Landlord shall have the right to obtain such policy and charge Tenant for the cost of said policy, said cost to be paid by Tenant as additional rent under this Lease. Tenant will promptly repair at its own expense any damage to the Leased Premises caused by bringing into the premises any property for Tenant's use or by the installation or removal of such property, regardless of fault or by whom such damage shall be caused, unless caused by Landlord, its agents, employees or contractors; and, in default of such repairs by Tenant, Landlord shall make the same and Tenant agrees to pay the cost thereof to Landlord promptly upon Landlord's demand therefor. Tenant shall be responsible for the maintenance, cleaning and repair of all structural componentsinterior and exterior doors, including roof, building envelope, windows and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles glass which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain comprise the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a..
Appears in 1 contract
Repairs. LANDLORD 8.1. Landlord shall keep and maintain the roof, structural and exterior portions of the Premises (exclusive of doors, windows, and glass) in repair, provided that Tenant shall give Landlord written notice of the necessity for such repairs, and provided that the damage thereto shall not have been caused by Tenant, its agents, contractors, or employees, in which event Tenant shall be responsible therefor and shall promptly make repairs thereto. Except as expressly set forth in this subsection, Landlord shall have no liability or obligation for all structural components, including roof, building envelope, and foundation, and all common areas repair or maintenance of the BuildingPremises, or any part thereof; nor shall Landlord have any liability to replace, repair or maintain any electrical, plumbing, heating, air conditioning or other mechanical installation.
8.2. Tenant shall provide and maintain its own janitorial services for the interior of the Premises, and shall perform otherwise keep the interior of the Premises together with all electrical, plumbing, heating, air conditioning and other mechanical installations and equipment used by or in connection with the Premises, in good order, replacement and repair (and any replacement or repair shall be of equal or better quality than that originally delivered or shall be as reasonably specified by Landlord), and promptly replace any doors, windows and plate glass which may be broken or damaged with material of like kind and quality, and surrender the Premises at the expiration of the Term in as good condition as when received except for ordinary wear and tear and damage by fire or other casualty included in the extended coverage endorsement to Landlord’s fire insurance policies. Tenant will not overload the electrical wiring and will not install any additional electrical wiring or plumbing unless it has first obtained Landlord’s written consent thereto, and, if such maintenance consent is given, Tenant will install them at its own cost and make expense. Tenant will repair promptly, at its own expense, any damage to the Premises caused by bringing into the Premises any property for Tenant’s use, or by the installation, use or removal of such necessary repairs so property, regardless of fault or by whom such damage shall be caused unless caused by Landlord, its agents, employees or contractors. In furtherance of that above, Tenant covenants and agrees to obtain a maintenance, repair and service contract on the HVAC system, said contract to be on such terms and with such company as shall be approved reasonably by Landlord and delivered to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD Landlord within thirty (30) days after commencement of the Term. Landlord shall not be responsible for repairs upon implements any loss by Tenant for water damage due to any cause including by way of illustration and not of limitation leaks or articles which are bursts of the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premisesplumbing, including interior wallspipes or roof, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies or damage due to the Leased Premises and common areas of the Buildingsprinkler system or other fire protection/extinguishment apparatus.
8.3. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases Tenant shall not proceed promptly and diligently to make any additional space elsewhere in repairs or perform any obligation imposed upon it by the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timepreceding subsections, or within forty-eight (48) hours after receiving written notice from Landlord to make such repairs or perform such obligation, then and in such event Landlord may, at its option, enter the publicly advertised rate per square foot per year Premises and do and perform the things required or specified in said notice, without liability on the part of Landlord for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of any loss or damage resulting from any such expansion space, the effective date of TENANT’s right of occupancyaction by Landlord, and the amount of additional rent that shall be due and payable Tenant agrees to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement pay promptly upon demand any cost or expense incurred by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used Landlord in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.taking such action.
Appears in 1 contract
Sources: Lease Agreement (Telvent Git S A)
Repairs. LANDLORD Landlord shall, at Landlord's cost and expense, make all structural and exterior repairs to the Suite and Building and all repairs to the water, electrical, heating, air-conditioning and plumbing equipment and facilities located in the Suite or Building and owned by Landlord, unless such repairs are required by reason of willful conduct or the negligent acts or omissions of Tenant, its employees, contractors, customers or invitees, or the particular nature of Tenant's use of the Suite, in which case the cost of such repairs shall be responsible made at Tenant's cost and expense by Landlord's contractor. Tenant shall give Landlord written notice of the need for all structural components, including roof, building envelopeany such repairs to be made by Landlord, and foundationLandlord shall be under no liability for damage or injury, however caused, in the event of its failure to make such repairs unless it shall have received such notice from Tenant and all common areas failed to make such repairs within a reasonable time after receipt of such notice. Except as above provided in this Section (10), Tenant shall at its cost and expense keep the Suite in good condition and repair. Unclogging of the Buildingplumbing system of the Suite shall be at Tenant'S sole cost and expense, and shall be done only by Landlord's contractor. Tenant shall, at its expense, perform all decorating of the Suite. The plans and specifications for any repair work, alterations or additions to be performed by Tenant shall be subject to Landlord's prior written approval and Tenant shall indemnify Landlord against all construction liens against the Suite or Site for materials or labor purchased, employed or hired in connections with the construction, repair, or alteration of the Suite, and shall cause any such maintenance liens which are filed to be immediately removed and make such necessary repairs so as to continue to provide discharged of record. Tenant shall perform all such service appurtenances as are required of the foregoing work only with contractors, materialmen and laborers approved in advance by this Lease Agreement, provided, however, that LANDLORD Landlord. Approval by Landlord of plans and specifications shall not be responsible constitute an assumption of responsibility for repairs upon implements their accuracy or articles which are sufficiency, the personal property of TENANT. LANDLORD will be responsible to repair and maintain same being the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas sole responsibility of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Tenant.
Appears in 1 contract
Sources: Office Lease (Morgan Products LTD)
Repairs. TENANT agrees to:
a) immediately report to LANDLORD shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible any damages or needed repairs; and
b) pay for repairs upon implements or articles which are needed due to the personal property fault of TENANT or any of TENANT's family or guests. If TENANT or any occupant needs to send a notice or request—for example, for repairs, installations, services, ownership disclosure or security-related matter-- IT MUST BE SIGNED AND PROVIDED IN WRITING to LANDLORD’s designated representative (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). LANDLORD’s written notes on TENANT’s oral request do not constitute a written request from TENANT. LANDLORD’s compliance with or responding to any oral request regarding security or any other matters does not waive the strict requirement for written notices under this LEASE. TENANT must promptly notify LANDLORD in writing of: water leaks; mold; electrical problems; malfunctioning lights; broken or missing locks or latches; and other conditions that pose a hazard to property, health, or safety. LANDLORD may change or install utility lines or equipment serving the UNIT if the work is done reasonably without substantially increasing TENANT’s utility costs. LANDLORD may turn off equipment and interrupt utilities as needed to avoid property damage or to perform work. If utilities malfunction or are damaged by fire, water or similar cause, TENANT must notify LANDLORD’s representative immediately. If air conditioning or other equipment malfunctions, TENANT must notify LANDLORD’s representative as soon as possible on a business day. LANDLORD will be responsible act with customary diligence to repair make repairs and maintain the Leased Premisesreconnections, including interior wallstaking into consideration when casualty insurance proceeds are received. RENT will not ▇▇▇▇▇ in whole or in part. If LANDLORD believes in its sole judgment that damage is substantial, ceilingsor that performance of needed repairs poses a danger to TENANT, windows and doorsLANDLORD may terminate this LEASE without liability by giving TENANT at least five (5) days written notice. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks may also remove personal property if it causes a health or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impracticalsafety hazard. If the snow and ice removal LEASE is not completed by 6:30 a.m.so terminated, LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean refund prorated RENT and sanitary condition with all systemsdeposits, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.lawful deductions.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs. TENANT agrees to:
a) immediately report to LANDLORD shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible any damages or needed repairs; and
b) pay for repairs upon implements or articles which are needed due to the personal property fault of TENANT or any of TENANT's family or guests. If TENANT or any occupant needs to send a notice or request— for example, for repairs, installations, services, ownership disclosure or security-related matter-- IT MUST BE SIGNED AND PROVIDED IN WRITING to LANDLORD’S designated representative (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). LANDLORD’S written notes on TENANT’s oral request do not constitute a written request from TENANT.
(d) make all reasonable repairs, subject to TENANT’S obligation to pay for damages for which TENANT is liable. LANDLORD may temporarily turn off equipment and/or interrupt utilities to the UNIT and/or the PROPERTY to avoid property damage or to perform work requiring such interruption as determined in LANDLORD’S sole judgment. LANDLORD will not be liable for any inconvenience, discomfort, disruptions or interference with TENANT’s use of the PROPERTY because LANDLORD is making repairs, alterations or improvements to the UNIT or the PROPERTY. If TENANT requests any repairs, and LANDLORD approves such request, the repairs will be done during LANDLORD’S usual working hours unless TENANT requests in writing that such repairs be done during other hours and such request is approved by LANDLORD. If LANDLORD approves such request TENANT will have to pay in advance any additional charges resulting from such request. TENANT agrees to take reasonable steps in order to prevent or minimize the growth of mold and mildew within the UNIT. To prevent or minimize the occurrence and growth of mold in the UNIT, TENANT hereby agrees to the following: TENANT is responsible to repair and maintain for replacing the Leased PremisesHVAC filter at least four times during the lease TERM at TENANT’s expense. TENANT may purchase filters from LANDLORD at a cost of $5.00 each. TENANT shall (a) remove any visible moisture accumulation in or on the UNIT, including interior on walls, windows, floors, ceilings, windows and doorsbathroom fixtures, (b) mop up spills and thoroughly dry affected area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when necessary, and (d) keep climate and moisture in the UNIT at reasonable levels. Janitorial ServiceLANDLORD’S compliance with or responding to any oral request regarding security or any other matters does not waive the strict requirement for written notices under this LEASE. TENANT must promptly notify LANDLORD in writing of: water leaks; mold; electrical problems; malfunctioning lights; broken or missing locks or latches; and other conditions that pose a hazard to property, health, or safety. LANDLORD shall provide janitorial services may change or install utility lines or equipment serving the UNIT if the work is done reasonably without substantially increasing TENANT’s utility costs. LANDLORD may turn off equipment and supplies interrupt utilities as needed to the Leased Premises avoid property damage or to perform work. If utilities malfunction or are damaged by fire, water or similar cause, TENANT must notify LANDLORD’S representative immediately. If air conditioning or other equipment malfunctions, TENANT must notify LANDLORD’S representative as soon as possible on a business day. LANDLORD will act with customary diligence to make repairs and common areas reconnections, taking into consideration when casualty insurance proceeds are received. RENT will not ▇▇▇▇▇ in whole or in part. If LANDLORD believes in its sole judgment that damage is substantial, or that performance of the Buildingneeded repairs poses a danger to TENANT, LANDLORD may terminate this LEASE without liability by giving TENANT at least five (5) days written notice. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks may also remove personal property if it causes a health or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impracticalsafety hazard. If the snow and ice removal LEASE is not completed by 6:30 a.m.so terminated, LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean refund prorated RENT and sanitary condition with all systemsdeposits, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.lawful deductions.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs. LANDLORD (A) Tenant shall keep the interior and exterior of the Demised Premises in good condition and repair as they are at the Commencement Date, and shall redecorate, paint and renovate the Demised Premises as may be necessary to keep them in such condition and repair, reasonable wear and tear, casualty and condemnation excepted. Landlord shall be responsible for any necessary maintenance, repairs or replacement to all structural componentssystems including but not limited to the mechanical, including roof, building envelopeplumbing, and foundation, and all common areas electrical systems located outside of the BuildingDemised Premises and the cost of same shall be included in CAM subject to Section 7.9, and except that Landlord shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be solely responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies replacement to the Leased Premises HVAC system but Tenant shall, at all times to keep a maintenance and common areas service contract in effect to provide for customary and periodic preventative maintenance of the BuildingHVAC system. Snow Removal: LANDLORD Tenant shall keep the public sidewalks adjacent to the Building Demised Premises and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT all parts thereof in a clean and sanitary condition with all systemsand free from trash, servicesflammable material and other objectionable matter. Notwithstanding the foregoing, appurtenancesLandlord shall be responsible, at Landlord’s sole cost and leasehold improvements (if applicable) included within expense, for any repairs or replacements to the scope roof and structure of this Lease Agreement in effect and in good running order and that the Demised Premises, unless such repairs are in compliance with all applicable laws, ordinances, and regulations necessitated by the acts or omissions of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities ActTenant. EXPANSION SPACE In the event TENANT leases that Landlord is required to make any additional space elsewhere in repairs to the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, roof or at the publicly advertised rate per square foot per year for similarly finished office space in structure of the Building at that timeas a result of Tenant’s acts or omissions, whichever is lowerthen Landlord shall ▇▇▇▇ Tenant for the cost of the work performed, and Tenant shall reimburse Landlord for the cost of such work within thirty (30) days after Landlord’s demand therefore. LANDLORD shall provide improvements Additionally, prior to the expansion space comparable commencement of any work performed on, in or about the Demised Premises, Tenant shall deliver to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed Landlord sworn statements setting forth the amount names of all contractors and subcontractors who did work and final lien waivers from all such expansion spacecontractors and subcontractors.
(B) Tenant shall replace, the effective date of TENANTat Tenant’s right of occupancyexpense, all glass in and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Demised
Appears in 1 contract
Sources: Lease Agreement (Micronetics Inc)
Repairs. LANDLORD (a) By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair, however, occupancy and rent commencement will not interfere with Landlord's obligation to complete Tenant Improvements. Tenant shall, when and if needed or whenever requested by Landlord to do so, at Tenant's sole cost and expense, maintain and make all repairs to the Premises and every part thereof, to keep, maintain and preserve the Premises in first class condition, excepting ordinary wear and tear. Any such maintenance and repairs shall be responsible for all performed by Landlord's contractor, or a Landlord's approved contractor or contractors. All costs and expenses incurred in such maintenance and repair shall be paid by Tenant within seven (7) days after billing by Landlord or such contractor or contractors. Tenant shall upon the expiration or sooner termination of the term hereof surrender the Premises to Landlord in the same condition as when received, reasonable wear and tear excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
(b) Anything contained in Subparagraph 15 a above to the contrary notwithstanding, Landlord shall repair and maintain the structural components, including roof, building envelope, and foundation, and all common areas portions of the Building, including the basic plumbing, heating, ventilating, air conditioning and shall perform electrical systems installed or furnished by Landlord, unless such maintenance and make repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord as additional rent, the reasonable cost of such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD maintenance and repairs. Landlord shall not be responsible 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 upon implements or articles which are maintenance is given to Landlord by Tenant. Except as provided in Paragraph 22 hereof there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the personal property making of TENANTany repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. LANDLORD will be responsible Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect. Notwithstanding anything to the contrary contained in Subparagraphs (a) and (b) of this Paragraph 15, Tenant shall maintain and repair at its sole cost and maintain the Leased Premisesexpense, and with maintenance contractors approved by Landlord, all non-base building facilities, including interior wallslavatory, ceilingsshower, windows toilet, washbasin and doorskitchen facilities and heating and air conditioning systems, including all plumbing connected to said facilities or systems installed by Tenant or on behalf of Tenant or existing in the Premises at the time of delivery of possession of the Premises to Tenant by Landlord. Janitorial Service: LANDLORD The provisions of the immediately preceding sentence shall provide janitorial services and supplies not apply to the Leased Premises basic heating and common areas air conditioning system provided by Landlord to all tenants of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a..
Appears in 1 contract
Sources: Lease Agreement (Synon Corp)
Repairs. LANDLORD If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the Premises, the Common Areas and the portions of the Project serving the Premises and Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to the Tenant Improvements and any Alterations to be used solely for restoring such Tenant Improvements and Alterations (and not the Building or Project in general); provided that if the cost of the restoration of the Tenant Improvements and any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, as assigned by Tenant to Landlord, such excess shall be responsible for all structural componentspaid by Tenant (“Tenant’s Contribution”) to Landlord prior to Landlord’s restoration thereof. Notwithstanding the foregoing, including roof, building envelope, and foundation, and all common areas Tenant may elect to modify or otherwise reduce the scope of the Building, and shall perform such maintenance and make such necessary repairs Tenant Improvements or Alterations so as to continue minimize any Tenant’s Contribution. Subject to provide all the foregoing, such service appurtenances restoration shall be to substantially the same condition of such items as are prior to the casualty, except for modifications (a) required by this Lease AgreementLaw; or (b) to the Common Areas reasonably deemed desirable by Landlord, providedand which are consistent with the character of the Project. No such modifications shall materially impair use of or access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, howeverat its sole cost and expense, that LANDLORD for the repair, restoration, and replacement of Tenant’s Property. Landlord shall not be responsible liable for repairs upon implements any loss of business, inconvenience, or articles which are annoyance arising from any casualty or any repair or restoration of any portion of the personal property Premises or the Project as a result of TENANTany damage from any casualty. LANDLORD will All work by Tenant shall be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies subject to the Leased Premises terms and common areas conditions of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Article 11.
Appears in 1 contract
Repairs. LANDLORD shall be responsible for Tenant shall, at Tenant’s own expense, keep the Leased Premises in good order, repair and condition at all structural components, including roof, building envelopetimes during the Term, and foundation, Tenant shall promptly and adequately repair all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies damage to the Leased Premises and common areas of replace or repair all damaged or broken fixtures and appurtenances under the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent supervision and subject to the Building approval of Landlord within any reasonable period of time specified by Landlord. In addition, Tenant shall, at Tenant’s expense, make all repairs, installations and any sidewalks or stairways leading from the public sidewalks additions to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systemsas may be required by any law, servicesordinance, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations regulation or ruling of any governmental authority having jurisdictionjurisdiction over the Leased Premises. If Tenant does not do so, includingLandlord may, without limitationbut need not, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases make any additional space elsewhere in the Buildingrepairs, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timereplacements, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancyinstallations, and additions which Tenant is obligated to make and Tenant shall pay Landlord the amount of additional rent that shall be due cost thereof, forthwith upon being billed for same. Landlord may also make repairs, installations and payable additions to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based or in the Leased Premises space calculation on an area measurement as Landlord shall desire or deem necessary, or as Landlord may be required to do by an architect governmental authority or professional qualified court order or decree. No such entry or repairs by Landlord shall be deemed or construed to measure interior building areas based on the following standard be a disturbance of measurement. For purposes of this Lease Agreement, the area Tenant’s quiet or peaceable possession of the Leased Premises or of any rights of Tenant under this Lease. Landlord may, but shall match not be required to, enter the following standardLeased Premises at all reasonable times to make such repairs, which shall be based on measuring installations, alterations, improvements and additions to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls Leased Premises or to the centerline partition of walls separating Building or to any equipment located in the Leased Premises from other tenant space Building as Landlord shall desire or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.deem necessary.
Appears in 1 contract
Sources: Lease Agreement (Stockeryale Inc)
Repairs. LANDLORD (a) By entry thereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Except for Landlord duties described elsewhere in this Lease, Tenant shall, at Tenant's sole cost and expense, maintain and preserve the Premises and all equipment located therein clean, safe and in first class condition and repair. Tenant shall, upon the expiration or sooner termination of the Lease Term, surrender the Premises to Landlord broom clean and in the same condition as when received, ordinary wear and tear excepted.
(b) Landlord shall make structural repairs to the Building necessary for safety and tenant ability, and shall bear the cost thereof unless required by any negligence or willful misconduct of Tenant, its agents, employees or invitees. Landlord shall make such other repairs to the Premises and Building as may be necessary or desirable to maintain the Premises in a professional manner befitting a comparable first class office/R&D building in the Reston/▇▇▇▇▇▇▇ area, and the cost of such repairs shall be responsible included in the Basic Operation Charges. Landlord shall not be liable for all structural componentsany damage (including any consequential damages or lost profits) caused to the person or property of Tenant, including roofits agents, building envelopeemployees or invitees, due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair or arising from the leaking of gas, water, sewer or steam pipes, or from electricity or from any other cause whatsoever. Tenant agrees to report immediately in writing to Landlord any defection condition in or about the Demised Premises known to Tenant which Landlord is required to repair, and foundationa failure to so report shall make Tenant liable to Landlord for any expense, damage or liability directly resulting from such failure to report. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect unless such damage is caused by the gross negligence or willful misconduct of Landlord or its employees. If Tenant has given Landlord written notice of a defective condition, and all if Landlord has not diligently pursued the repair such defective condition within thirty (30) days of receipt of Tenant's written notice, then Tenant may make said repair and Landlord will reimburse Tenant for its reasonable expenses incurred by such repair.
(c) Landlord reserves the right at any time and from time to time, as often as Landlord deems desirable, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant or otherwise affecting Tenant's obligations under this Lease, to make such changes, alterations, additions, improvements, repairs, relocations or replacements in or to the Building (including the Premises if required by any applicable law or regulation) and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, stairways and other common areas facilities thereof, and to change the name by which the Building is commonly known and/or the Building's address. Unless such address change is beyond the control of the Landlord, Landlord shall compensate Tenant for new letterhead, stationery, business cards, and labels, if such changes occur without Tenant's prior written agreement. Landlord reserves the right from time to time to install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building, above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located elsewhere outside the Premises, and to expand the Building. Nothing contained herein shall perform be deemed to relieve Tenant of any duty, obligation or liability with respect to making any repair, replacement or improvement or complying with any law, order or requirement of any government or other authority and nothing contained herein shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof, other than as expressly provided in this Lease. Landlord agrees to use reasonable efforts to schedule such maintenance and make such necessary repairs work so as to continue cause minimum disruption to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements Tenant's business.
(if applicabled) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere that the Premises become unfit for use by Tenant because of safety, health, eminent domain, or other reasons, due to Landlord's failure to perform its obligations, Tenant may withhold from Landlord an amount of the current rent due in the Buildingnext rental payment until such time as any such unfitness or defect is corrected. Other than Tenant's own business interruption insurance, the rent for said space this shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount exclusive recourse of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Tenant.
Appears in 1 contract
Repairs. LANDLORD (a) Landlord's obligation to make repairs to the Premises shall be responsible for all pertain only to the structural components, including roof, building envelope, and foundation, and all common areas portions of the Buildingfloor, ceiling, sprinkler system and perimeter walls, unless the necessity for such repairs shall perform such maintenance and have been occasioned by Tenant or any permitted subtenant or licensee of Tenant, or their respective employees, agents, contractors or any person, firm or corporation acting on its behalf, in which event Tenant agrees to make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreementat Tenant's sole cost and expense. Except in cases of an emergency, provided, however, that LANDLORD Landlord shall not be responsible for required to commence any repair until after receipt of written notice from Tenant. Tenant agrees to provide notice to Landlord of any damage or condition in need of repair of which Tenant is aware. Tenant shall allow Landlord reasonable time in which to commence and complete such repairs. Landlord shall use reasonable efforts to make such repairs upon implements with a minimum of inconvenience, disruption, or articles which are the personal property loss of TENANT. LANDLORD will be responsible business to repair Tenant.
(b) Except as provided in subparagraph (a) of this paragraph, Tenant agrees to keep and maintain the Leased Premises, including interior wallsthe fixtures and equipment therein and the appurtenances thereto in good repair and condition at Tenant's own cost and expense, ceilingsand to make all necessary repairs and replacements thereto. Tenant shall keep and maintain the Premises in a first-class condition throughout the Term. Tenant shall replace all damaged glass with glass of equal quality. In the case of damage or destruction by insurable casualty or by eminent domain, windows the obligations of Landlord and doors. Janitorial Service: LANDLORD Tenant shall provide janitorial services and supplies to the Leased Premises and common areas be controlled as hereinafter provided.
(c) Following initial construction of the Building. Snow Removal: LANDLORD shall keep Premises Tenant may, at its own cost, paint, paper or change floor coverings, or otherwise alter the public sidewalks adjacent to Premises, provided that (i) the structural integrity or value of the Building shall not be adversely affected; (ii) the cost of such alteration does not exceed Five Dollars ($5.00) per square foot; and any sidewalks or stairways leading from (iii) the public sidewalks to the Building free from snowsprinkler system, ice and debrisif any, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not thereby affected. In all other instances, Tenant shall secure prior written approval of Landlord. Tenant shall submit to Landlord plans and specifications for such proposed work, together with the name of the contractor and a statement of the estimated cost thereof. Prior to starting such work, Tenant agrees to deliver to Landlord a certificate of worker's compensation insurance in statutory limits from Tenant's contractor as well as evidence of insurance coverages to be maintained by Tenant hereunder. Such work shall be promptly completed by 6:30 a.m.in accordance with such approved plans and specifications, LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean applicable laws and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations rules and requirements of any governmental authority having jurisdictionLandlord's insurance carriers, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements subject to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount terms of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as Tenant's indemnity set forth in Section 4 a.under paragraph 16 hereof and Tenant's obligation to insure such liability under paragraph 28 hereof.
(d) The term "repairs" shall include repairs, replacements, renewals, alterations, additions, improvements and betterments.
Appears in 1 contract
Sources: Lease Agreement (Tangibledata Inc)
Repairs. LANDLORD a. By Lessee. By taking possession of the Premises, Lessee shall be responsible for all structural components--------- deemed to have accepted the Premises as being in good and sanitary order, including roof, building envelope, condition and foundation, repair and all common areas to have accepted the Premises in their condition existing as of the Buildingdate of such possession, and shall perform such maintenance and make such necessary repairs so as subject to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinancescovenants, conditions, restrictions, easements, and regulations other matters of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any governmental authority having jurisdictionportion of the Project. Lessee shall further be deemed to have accepted Lessee Improvements constructed by Lessor, includingif any, without limitationas being completed in accordance with the plans and specifications for such improvements, excluding only the Americans with Disabilities Actpunch list items referred to in Article 4.
a. above. EXPANSION SPACE In Lessee shall at Lessee's sole cost and expense, keep every part of the event TENANT leases Premises in good condition and repair, damage thereto from causes beyond the control of Lessee (and not caused by any additional space elsewhere act or omission of Lessee or Lessee's Agents) and ordinary wear and tear excepted. If Lessee fails to maintain the Premises as required by this Lease, Lessor may give Lessee notice to do such acts as are reasonably required to so maintain the Premises and if Lessee fails to commence such work immediately in an emergency or where immediate action is required to protect the Building, Premises or any portion of the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that timeProject, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever within ten (10) days after such notice is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased given under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancyother circumstances, and the amount of additional rent that shall be due and payable diligently prosecute it to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect completion, then Lessor or professional qualified Lessor's agents, in addition to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area all of the Leased Premises shall match the following standardrights and remedies available hereunder or by law and without waiving any alternative remedies, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right to enter the Premises and to do such acts and expend such funds at its own the expense of Lessee as are reasonably required to hire an architect perform such work. Any amount so expended by Lessor shall be paid by Lessee to determine Lessor as additional rent, upon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the actual measurement Premises to the extent such damage is caused by Lessor's active negligence or willful misconduct. In no event shall Lessor have any liability to Lessee for any other damages, or for any inconvenience or interference with the use of the area based on Premises by Lessee, or for any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provided in an addendum, if any, to this Lease, Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the above standard. If TENANT’s architect determines Premises or any part thereof and the parties hereto affirm that Lessor has made no representations or warranty to Lessee respecting the area condition of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth or any part of the newly calculated Rent amount and adjustments Project except as specifically set forth in Section 4 a.this Lease.
Appears in 1 contract
Sources: Office Lease (Inktomi Corp)
Repairs. LANDLORD (a) Notwithstanding anything contained herein to the contrary, during the term hereof, Tenant shall be responsible for make all non-structural components, including roof, building envelope, and foundation, and all common areas repairs required to maintain the interior of the Building, demised premises in good order and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD condition. Landlord shall not be responsible liable to Tenant, or any other occupant of the demised premises, for the 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 implements or articles the demised premised, other than structural repairs which are not caused or necessitated by the personal property of TENANT. LANDLORD will act or negligence or Tenant, its agents, contractors, servants, employees, licensees or invitee.
(b) Tenant covenants that no waste shall be responsible 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 Leased Premisesdemised premises, including interior walls, ceilings, windows taking care of graffiti and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, servicesfixtures, appurtenances, alterations, additions and leasehold improvements (if applicable) included within in and to the scope of this Lease Agreement in effect and demised premises in good running order and that are condition, including without limitation all doors, windows, window glass, floor covering and interior wall, as well as the plumbing, heating, electrical facilities and appliances in compliance with all applicable lawsor on the demised premises.
(c) Tenant shall be responsible for keeping the demised premises and its adjacent sidewalks and parking lot, ordinancesif any, clean and regulations frees of any governmental authority having jurisdictiondebris, includingsnow and ice, without limitation, the Americans with Disabilities Act. EXPANSION SPACE etc.
(d) In the event TENANT leases any additional space elsewhere Tenant shall fail to make the necessary repairs to the demised premises as required by this Lease, or maintain the demised premises as required by this lease, then in that event, Landlord shall have the Buildingright, but shall not be obligated, to come upon the rent demised premises to make such repairs and/or maintenance and charge the cost thereof to tenant together with the charge for said space its services for having performed the work on behalf of the tenant. Such costs and charges shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of deemed additional rent that and shall be due and payable to LANDLORDwith the next installment of rent due thereafter. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation Any such performance by Landlord on an area measurement behalf of Tenant shall not be deemed a waiver by an architect or professional qualified to measure interior building areas based on the following standard Landlord of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.such default by Tenant.
Appears in 1 contract
Repairs. LANDLORD shall In the event of a property loss which may be responsible for all structural components, including roof, building envelope, and foundation, and all common areas repaired within one hundred twenty (120) days from the date of the Buildingdamage, or, in the alternative, in the event Landlord does not elect to terminate this Lease under the terms of Section 14.1 above, then this Lease shall continue in full force and effect and Landlord shall perform such maintenance and forthwith undertake to make such necessary repairs so to reconstitute the Premises to as near the condition as existed prior to continue to provide all such service appurtenances the property loss as are required by this Lease Agreement, provided, however, that LANDLORD practicable. Landlord shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible required to repair and maintain the Leased Premisesor replace any damage or loss by or from fire or other cause to any panelings, including interior wallsdecorations, partitions, additions, railings, ceilings, windows floor coverings, office fixtures or any other property or improvements installed on the Premises by, or belonging to, Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Base Rent following the property loss and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies until the time Landlord completes its restoration obligations with respect to the Leased Premises and common areas of the BuildingPremises. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which Such reduction shall be based on measuring the ratio that the square footage of Leasable Area of the damaged portion of the Premises bears to the inside finished surface total square footage of exterior wallsLeasable Area of the Premises. Landlord’s obligations to restore shall in no way include any construction or alterations originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the inside finished surface contrary contained in this Lease, in the event the holder of building corridor and other permanent walls any indebtedness secured by a mortgage or deed of trust covering the Premises and/or Project requires that any insurance proceeds be applied to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glasssuch indebtedness, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT then Landlord shall have the right at its own expense to hire an architect terminate this Lease by delivering written notice of termination to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises Tenant within fifteen (15) days after such requirement is less than what LANDLORD has calculatedmade by any such holder, Rent due under whereupon this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth end on the newly calculated Rent amount and adjustments date of such damage as set forth in Section 4 a.if the date of such damage was the original Termination Date.
Appears in 1 contract
Repairs. LANDLORD shall be responsible for 14.1 Subject to the provisions of Paragraph 20.6 below, Tenant shall, when and if needed, at Tenant’s sole cost and expense, maintain and make all structural componentsrepairs to the Premises and each and every part thereof, including roofto keep, building envelopemaintain and preserve the Premises, and foundationeach and every system exclusively serving the Premises (other than any such systems located in the Server Room, which shall, subject to inclusion as an Operating Expense, be Landlord’s responsibility), in good condition, excepting ordinary wear and all common areas of the Building, tear and shall perform damage by fire or other casualty. Any such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required repair shall be performed by this Lease AgreementLandlord’s contractor, or a contractor or contractors approved in advance in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, that LANDLORD if such maintenance and repair is performed by Landlord’s contractor, then Landlord agrees that (a) the cost to Tenant of such maintenance and repair shall be reasonably priced vis-à-vis the cost to Tenant if Tenant had contracted directly for such maintenance and repair with another qualified contractor approved by Landlord to perform work in the Building, and (b) the time period required to perform such maintenance and repair shall not be responsible for repairs materially longer than the time period requited to complete such work had Tenant contracted directly therefor. All costs and expenses incurred in such maintenance and repair shall be paid by Tenant within thirty (30) days after billing by Landlord or such contractor or contractors. If Tenant hires a contractor other than Landlord’s contractor, then the contract between Tenant and such contractor shall provide that Landlord be copied on all notices and invoices delivered to Tenant. Tenant shall upon implements the expiration or articles which are sooner termination of the personal property Term hereof surrender the Premises to Landlord in good condition and repair, reasonable wear and tear and damage by fire or other casualty excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof except as provided in Paragraphs 1.4, 14.2, 21 and 22, and the parties hereto affirm that Landlord (and each of TENANTthe Landlord Parties) has made no representations to Tenant respecting the condition of the Site, the Premises or the Building, except as specifically herein set forth. LANDLORD will be responsible Notwithstanding anything set forth above in this Paragraph to the contrary, Tenant shall have no obligation to install, maintain or repair any of the structural elements or systems of the Building, unless such work is required due to Tenant’s specific use or misuse of the Premises.
14.2 Notwithstanding anything contained in Subparagraph 14.1 above to the contrary, Landlord shall repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas structural portions of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent exterior of the Building, the Common Areas of the Site and the Service Facilities in good condition, unless and to the extent such maintenance and repairs are, subject to the provisions of Paragraph 20.6 below, necessary as a result of the act, neglect, fault of or omission of any duty of Tenant, its agents, servants, employees, representatives or invitees, in which case Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for said space 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; provided, however, that (a) Landlord shall proceed forthwith to effect any necessary repairs with reasonable diligence, but in all events Landlord shall commence making such repairs within thirty (30) days after having received Tenant’s notice (or, in the case of an emergency situation or imminent threat to life or safety, as soon as reasonably practicable under the circumstances) and diligently pursue such repairs to completion; and (b) if an emergency situation or imminent threat to life or safety arises in the Premises, Tenant may, following any type of notice to Landlord which is reasonable under the circumstances, immediately make such repairs as are necessary to avoid or mitigate such emergency situation or threat, in which event, provided the same are Landlord’s responsibility hereunder, Landlord shall reimburse Tenant for the reasonable cost thereof within thirty (30) days following receipt of a reasonably detailed invoice therefor. Except as provided in Paragraph 17.2 and Paragraph 21 hereof, there shall be calculated at no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the finished office space rate per square foot per year that is making of any repairs, alterations or improvements in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in to any portion of the Building at that time, whichever is lower. LANDLORD shall provide improvements to or the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls in or to fixtures, appurtenances and equipment therein. Tenant hereby waives the centerline partition provisions of walls separating the Leased Premises from other tenant space California Civil Code Sections 1932(1), 1941 and 1942 and of any similar law, statute or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public ordinance now or used hereafter in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.effect.
Appears in 1 contract
Sources: Office Lease (Current Media, Inc.)
Repairs. LANDLORD THE Landlord and the Tenant covenant with each other that save where the building or other item of fixed equipment is identified as redundant in Part 4 of Schedule 6 or by subsequent agreement
5.1 Each will undertake the maintenance and repairing obligations identified as their liability in Schedule 5 and where the liability for an item of work has not been allocated to one or other party in that Schedule it shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas the liability of the Building, party who would be due to do the work under Parts I and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are II of the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies Schedule to the Leased Premises Agriculture (Maintenance Repair and common areas Insurance of Fixed Equipment) Regulations 1973 as it may be amended or replaced from time to time.
5.2 The Landlord may serve written notice on the Building. Snow Removal: LANDLORD shall keep Tenant specifying works for which the public sidewalks adjacent Tenant is liable whereupon the Tenant is to execute all repairs works or replacements required and if the Tenant does not within two months of that service commence and thereafter proceed diligently with the execution of such repairs works or replacements the Landlord or any person authorised by them may enter upon the Property and execute such repairs and the cost thereof with interest at the Prescribed Rate from the date of expenditure by the Landlord to the Building and any sidewalks or stairways leading date of payment by the Tenant shall be a debt due from the public sidewalks Tenant to the Building free Landlord and be forthwith recoverable by action.
5.3 The Tenant may serve written notice on the Landlord specifying works for which the Landlord is liable whereupon the Landlord is to execute all repairs works or replacements required and if the Landlord does not within two months of that service commence and thereafter proceed diligently with the execution of such repairs works or replacements the Tenant or any person authorised by them may execute such repairs and the cost thereof with interest at the Prescribed Rate from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed date of expenditure by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed Tenant to the date of payment by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space Landlord shall be calculated at a debt due from the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements Landlord to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall Tenant and be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement forthwith recoverable by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.action.
Appears in 1 contract
Sources: Farm Business Tenancy Agreement
Repairs. LANDLORD (a) Landlord shall be responsible for all structural componentsmaintain in good order and repair, including roofsubject to normal wear and tear and subject to casualty and condemnation, building envelope, the Building (excluding the Demised Premises and foundationother portions of the Building leased to other tenants), and all common areas plumbing, glass, HVAC, wiring and telephone which is a part of the BuildingBuilding systems (and not a part of any improvements built as part of any tenant's fit-up and finish work), the Building parking facilities, the public areas and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, the landscaped areas; provided, however, that LANDLORD the cost of maintaining such items shall be included as an Operating Expense in accordance with and subject to Article 9 herein. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be responsible required to make any repairs or improvements to the Demised Premises except structural repairs and Building systems (as set forth above) necessary for repairs upon implements or articles which are safety and tenantability.
(b) Tenant covenants and agrees that it will take good care of the personal property of TENANT. LANDLORD Demised Premises and all alterations, additions and improvements thereto and will be responsible to repair keep and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and same in good running order condition and that are repair, except for normal wear and tear and casualty. Tenant shall at once report, in compliance with writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated rights to make repairs at the finished office space rate per square foot per year that is expense of Landlord or in effect under this Lease Agreement at that timelieu thereof to vacate the Demised Premises as may be provided by any law, statute or at ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the publicly advertised rate per square foot per year for similarly finished office space in the Building at that timeDemised Premises or any part thereof, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, except as specifically and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as expressly herein set forth in Section 4 a.forth.
Appears in 1 contract
Repairs. LANDLORD Subject to Tenant's obligation to pay Operating Expenses pursuant to Section 4 hereof, Landlord shall, with reasonable diligence and at its expense, make all necessary repairs and replacements to the exterior of the Building and to the Common Areas, including Landlord's HVAC, plumbing and electrical systems located therein (but excluding the HVAC system in the first floor space, which shall be responsible for all structural components, including roof, building envelopeTenant's responsibility), and foundationLandlord shall also make all repairs to the Demised Premises (but not to Tenant's property) which are structural in nature or required due to fire, and all common areas casualty, or other act of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, God; provided, however, that LANDLORD Tenant shall not be responsible for make all repairs upon implements and replacements arising from its act, neglect or articles which are the personal property of TENANTdefault. LANDLORD will be responsible to repair and maintain the Leased PremisesExcept as provided above, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD Tenant shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debrisDemised Premises in good repair, including any special equipment installed in the parking lot. Snow plowingDemised Premises (such as, snow shoveling but not limited to, air conditioners, transformers and ice removal must be completed plumbing), whether installed by 6:30 a.m., unless snow Landlord or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenancesTenant, and leasehold improvements (if applicable) included within Tenant shall, upon the scope expiration of this Lease Agreement the Term, yield and deliver up the Demised Premises in effect like condition as when taken, reasonable use and in good running order wear thereof and repairs required to be made by Landlord excepted. In the event that are in compliance with all applicable laws, ordinances, and regulations of the Landlord shall deem it necessary or be required by any governmental authority having jurisdictionto repair, includingalter, without limitationremove, reconstruct or improve any part of the Americans with Disabilities Act. EXPANSION SPACE In Demised Premises or of the Building (unless the same results from Tenant's act, neglect, default or mode of operation in which event TENANT leases any additional space elsewhere in Tenant shall make all such repairs, alterations and improvements), then the Building, the rent for said space same shall be calculated at made by Landlord with reasonable dispatch, and should the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount making of such expansion spacerepairs, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect alterations or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area improvements cause any interference with Tenant's use of the Leased Premises Demised Premises, such interference shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken not relieve Tenant from the interior glass line; otherwiseperformance of its obligations hereunder nor shall such interference be deemed an actual or constructive eviction or partial eviction or result in an abatement of rent, to provided, that such alterations and improvements are not the interior finished surfaceresult of Landlord's gross negligence or wrongful act. Vertical shaftsNotwithstanding the foregoing, elevatorsTenant shall, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense cost and expense, make all repairs and provide all maintenance in connection with any alterations, additions or improvements made by Tenant pursuant to hire Section 8 hereof. The foregoing notwithstanding, if any such repairs , alterations or improvements are undertaken by Landlord on a non-emergency basis, Tenant shall be entitled to an architect to determine equitable, proportional, abatement of rent should the actual measurement performance of such repairs, alterations or improvements materially interfere with Tenant's use and enjoyment of the area based on the above standardDemised Premises for more than three (3) consecutive business days or more than five (5) business days during any Lease Year. If TENANT’s architect determines Such partial abatement shall be limited to only that the area portion of the Leased Demised Premises is less than what LANDLORD has calculatedinterfered with, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments only for such period of time as set forth in Section 4 a.such interference continues.
Appears in 1 contract
Sources: Office Lease Agreement (Fahnestock Viner Holdings Inc)
Repairs. LANDLORD (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, borne solely by Tenant and shall perform such maintenance be deemed Rent hereunder and make such necessary repairs so as shall be reimbursed by Tenant to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD Landlord upon demand. Landlord shall not be responsible required to make any repairs or improvements to the Demised Premises except structural repairs necessary for repairs upon implements safety and tenantability, the necessity for which (i) Landlord is notified in writing by Tenant, and (ii) is not brought about by any act or articles which are neglect of Tenant, its agents, employees or contractors, licensees, or invitees.
(b) Tenant covenants and agrees that it will take good care of the personal property of TENANT. LANDLORD Demised Premises and all alterations, additions and improvements thereto and will be responsible to repair keep and maintain the Leased same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. Landlord shall not be liable to Tenant for damage to person or property caused by any latent defects in the Building or the Demised Premises, including interior wallsdefects in the cooling, ceilingsheating, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to electric, water, elevator or other apparatus or systems or by water discharged from sprinkler systems, if any, in the Leased Premises and common areas Building or the Demised Premises, nor for the theft, mysterious disappearance, or loss of the Building. Snow Removal: LANDLORD To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
(c) Tenant shall at its own cost and expense keep and maintain the Demised Premises and all parts thereof in good repair and tenantable condition and indemnify Landlord against any loss, damage, or expense arising by reason of any failure of Tenant so to keep the public sidewalks adjacent Demised Premises in good repair and tenantable condition or due to any act or neglect of Tenant, its agents, employees, contractors, invitees, or licensees. If Tenant fails to perform, or cause to be performed, such maintenance and repairs, then at the Building option of Landlord, in its sole discretion, any such maintenance or repair may be performed or caused to be performed by Landlord and the cost and expense thereof shall be charged to Tenant, and Tenant shall pay the amount thereof to Landlord on demand as Additional Rental. Tenant shall not install X-ray machines or other equipment which emits radiation in the Demised Premises without Landlord's approval, which approval shall not be unreasonably withheld. Landlord's withholding of consent shall not be unreasonable if, by way of illustration and not limitation, adequate protection for the safety of people is not installed in connection with such equipment. Tenant hereby accepts the risks of and all responsibility for any sidewalks injury or stairways leading damage which may result from the public sidewalks to the Building free from snow, ice and debris, including the parking lotoperation or failure of operation of any such X-ray equipment or other equipment which emits radiation. Snow plowing, snow shoveling and ice removal All equipment owned or operated by Tenant must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow installed and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT protected in a clean manner satisfactory to Landlord and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable lawsgovernmental regulations. Tenant will be obligated to obtain and maintain at its expense any permits, ordinances, and regulations licenses or approvals required in connection with its use of the Demised Premises or in connection with any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere equipment of Tenant in the BuildingDemised Premises. All repairs, replacements and clearing of stoppages from plumbing fixtures within the rent for said space shall be calculated at Demised Premises, as well as repair or replacement of special or non- standard electrical fixtures, lights and light bulbs within the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancyDemised Premises (other than standard 2x4 lights), and the amount furnishing of additional rent that shall be due toilet paper and payable paper towels to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based toilets and sinks located within the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Demised Premises shall be excludedat Tenant's expense.
(d) Tenant agrees to conform to Landlord's signage program for the Building; however, all costs and expenses for any sign, sign installation, removal and repair shall be paid by Tenant. RestroomsTenant shall obtain the written approval of Landlord prior to placing and maintaining, corridorsor causing or permitting to be placed and maintained, lobbies and receiving areas which are accessible any sign, advertising matter or other thing of any kind, on the exterior of the Demised Premises, or any decorating, lettering or advertising matter on any exterior door to the general public Demised Premises. Tenant shall not affix or used attach anything to windows in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Demised Premises.
Appears in 1 contract
Sources: Lease Agreement (Webmd Inc)
Repairs. 16.1. Subject to the other provisions of this LEASE, LANDLORD shall be responsible for all structural componentsmake, including roofat its sole cost and expense, building envelopeonly those repairs necessary to maintain the BUILDING (exclusive of TENANT'S PERSONALTY), to include plumbing, heating, ventilating, air conditioning and foundationelectrical systems, and all common areas of the Buildingwindows, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, floor slabs; provided, however, that LANDLORD shall not be responsible obligated to make any such repairs until the expiration of a reasonable period of time after receipt of written notice from TENANT that such repair is needed. In no event shall LANDLORD be obligated under this Section to repair any damage caused by any act or omission of TENANT or its employees, agents, invitees, licensees, subtenants or contractors.
16.2. Except as LANDLORD is obligated for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible as provided hereinabove, TENANT shall make, at its sole cost and expense, all repairs necessary to repair and maintain the Leased Premises, including interior walls, ceilings, windows PREMISES and doorsTENANT'S PERSONALTY. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD TENANT shall keep the public sidewalks adjacent PREMISES and TENANT'S PERSONALTY therein neat and in good, operable and orderly condition. All repairs by TENANT to TENANT'S PERSONALTY or otherwise required of TENANT hereunder shall be of first-class quality and be done in a good and workmanlike manner. If TENANT refuses or neglects to make such repairs, or fails to diligently prosecute the same to completion after written notice from LANDLORD of the need therefor, LANDLORD may (in addition to and not in lieu of any other rights and remedies) make such repairs at the expense of TENANT and such expense shall be collectible as additional rent upon demand without set-off or deduction; provided that any such repairs by LANDLORD shall not prejudice any other rights or remedies of LANDLORD and LANDLORD shall have no obligation to perform such repairs.
16.3. Unless caused by the gross negligence or willful misconduct of LANDLORD, LANDLORD shall not be liable by reason of any injury to or interference with TENANT'S business arising from the making of any repairs, alterations, additions or improvement in or to the Building and PREMISES or any sidewalks other portion of the PROPERTY or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lotany appurtenances or equipment therein. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space There shall be calculated at the finished office space rate per square foot per year that is no abatement of rent because of such repairs, alterations, additions or improvements, except as expressly provided in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lowerSection 19 hereof. LANDLORD shall provide improvements use its reasonable efforts to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of avoid interference with TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area 'S use of the Leased Premises PREMISES.
16.4. Unless caused by the gross negligence or willful misconduct of LANDLORD, LANDLORD shall match the following standardnot be liable to TENANT for any damage occasioned by plumbing, which shall be based on measuring to the inside finished surface of exterior wallselectrical, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glassgas, the dimension is taken from the interior glass line; otherwisewater, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters steam or other projections to utility pipes, systems or facilities or by the building if each is less than four (4) square feet. Prior to bursting, stopping, leaking or running of any tank, sprinkler, washstand, water closet or pipes in or about the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement PREMISES or any other portion of the area based on PROPERTY, nor for any damage occasioned by water being upon or coming through or around the above standard. If TENANT’s architect determines that roof or any flashing, window, skylight, vent, door, or the area like; nor for any damage arising out of any acts of negligence of other TENANTS or occupants of the Leased Premises is less than what LANDLORD has calculatedBUILDING, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth occupants of adjacent property or the newly calculated Rent amount and adjustments as set forth in Section 4 a.public.
Appears in 1 contract
Sources: Lease Agreement (Be Free Inc)
Repairs. LANDLORD shall be responsible for all structural componentsNo representations, including roofexcept as contained herein, building envelope, and foundation, and all common areas have been made to Tenant respecting the condition of the Premises or the Building, and the acceptance of possession of the Premises by Tenant shall perform be conclusive evidence as against Tenant that the Premises are now in a tenantable and good condition. Tenant shall take good care of the Premises and shall make all repairs as and when necessary in order to preserve the Premises in good working order and condition. In addition, Tenant shall reimburse Landlord, within ten (10) days after demand, for the cost of any and all structural or nonstructural repairs, replacements or maintenance necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or any such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD person. Landlord shall not be responsible for repairs upon implements liable for, and there shall be no abatement of rent with respect to any injury to or articles which are interference with Tenant's business arising from any repairs, maintenance, alteration or improvement in or to any portion of the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to Common Areas or the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space fixtures, appurtenances or equipment therein. Tenant hereby waives all right to make repairs at Landlord's expense under any statute or common area space. If more than 50% of an exterior wall is glasslaw and instead, the dimension is taken from the interior glass line; otherwiseall improvements, repairs and/or maintenance expenses incurred with respect to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excludedat the expense of Tenant, and shall be considered as part of the consideration for leasing the Premises. Restrooms, corridors, lobbies and receiving areas which are accessible All damages or injury done to the general public Premises by Tenant or used by any person who may be in common or upon the Premises with other tenants are also excluded. No deductions are made for columnsTenant's consent or at Tenant's invitation, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that caserepaired with material of equal or better quality than the then existing installation of Building Standard materials and Tenant shall, LANDLORD at the termination of this Lease, surrender the Premises to Landlord in as good condition and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount repair as when accepted by Tenant, reasonable wear and adjustments as set forth in Section 4 a.tear excepted.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (West Bancorporation Inc)
Repairs. LANDLORD (a) Subject to Tenant's obligations pursuant to Paragraph 2 of the Special Stipulations attached hereto or as may otherwise be agreed between Tenant and ASI, Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Project, including the Building (except the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the negligence or otherwise of Tenant or its agents, contractors, employees, subtenants or assigns subject to normal wear and tear, shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the Building, borne solely by Tenant and shall perform such maintenance be deemed Rent hereunder and make such necessary repairs so as shall be reimbursed by Tenant to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD Landlord promptly. Landlord shall not be responsible for required to make any non-structural repairs upon implements or articles which are improvements to the personal property Demised Premises, other than repairs and improvements necessitated by the negligence or otherwise of TENANT. LANDLORD Landlord or its agents, contractors or employees, subject to normal wear and tear.
(b) Subject to Landlord's obligations in Section 15(a), Tenant covenants and agrees that it will be responsible to repair take good care of the interior of Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the Leased same in good condition and repair, except for normal wear and tear. Tenant shall promptly report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect except for any condition (not caused by Tenant) which threatens imminent injury to persons or material damage to property, or prevents Tenant's access to or use of the Demised Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT Tenant shall have the right to correct at its own Landlord's expense in the form of abatement of Rent (not to hire an architect to determine the actual measurement exceed Twenty Five percent (25%) of the area based on Rent otherwise due and payable the above standard. If TENANT’s architect determines month or months that the area such abatement is taken) if not corrected by Landlord within two (2) business days after Tenant's notice of the Leased same to Landlord. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises is less than what LANDLORD has calculatedor any part thereof, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD except as specifically and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as expressly herein set forth in Section 4 a.forth.
Appears in 1 contract
Sources: Lease Agreement (Infocrossing Inc)
Repairs. LANDLORD shall be responsible Section 9.1 Except for all structural components, including roof, building envelopeordinary wear and tear, and foundationexcept as otherwise provided in Section 9.2, Landlord shall perform all maintenance and make all common areas repairs and replacements to the Premises and shall do so in good and ▇▇▇▇▇▇▇ like manner. In no event shall Landlord have any obligation to maintain, repair or replace any furniture, furnishings, fixtures or personal property of Tenant.
Section 9.2 Tenant shall keep the Premises in good order and in a safe, neat and clean condition. No representations respecting the condition of the BuildingPremises or the Building or the other portions of the Premises have been made by Landlord to Tenant except as specifically set forth in this Lease. Except as provided in Section 10.1 or specifically consented to by Landlord, Tenant shall not perform any maintenance or repair work or make any replacement in or to the Premises but rather shall promptly notify Landlord of the need for such maintenance, repair or replacement so that Landlord may proceed to perform the same pursuant to the provisions of Section 9.
1. In the event Landlord specifically consents to the performance of any maintenance or the making of any repairs or replacements by Tenant and shall Tenant fails to promptly commence and diligently pursue the performance of such maintenance or the making of such repairs or replacements, then Landlord, at its option, may perform such maintenance and or make such necessary repairs so and Tenant shall pay as Additional Rent to continue Landlord, on demand after Tenant receives an invoice therefor, the cost thereof plus a fee equal to provide all such service appurtenances as are required ten percent (10%) of the actual costs to cover overhead and a fee for Landlord's agent or manager.
Section 9.3 All repairs made by this Lease AgreementTenant pursuant to Section 9.2 shall be performed in a good and workmanlike manner and in accordance with Section 10.2 by licensed contractors or other licensed repair personnel, approved by Landlord, which approval shall not be unreasonably withheld or delayed; provided, however, that LANDLORD neither Tenant nor its contractors or repair personnel shall not be responsible for repairs upon implements or articles which are permitted to do any work affecting the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas Central systems of the Building. Snow Removal: LANDLORD In no event shall keep such work be done for Landlord's account or in a manner which allows any liens to be filed in violation of Article 11. To the public sidewalks adjacent extent any repairs involve the making of alterations to the Building and any sidewalks or stairways leading from Premises, Tenant shall comply with the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope provisions of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Article 10.
Appears in 1 contract
Repairs. LANDLORD Sublessor shall deliver the Subleased Premises to Sublessee ------- with the roof water-tight and the mechanical (including, without limitation, the heating, ventilating and air conditioning system), electrical and plumbing systems and roll-up doors in good condition and proper working order. If, during the first ninety (90) days of the Term, the Subleased Premises is not in the condition required by the preceding sentence, Sublessee shall so notify Sublessor, and the repair shall be responsible for all structural componentsmade at no cost to Sublessee. The parties acknowledge and agree that, including roofexcept as set forth in the preceding sentence, building envelopeSublessee is subleasing the Subleased Premises on an "as is" basis, and foundation, and all common areas that Sublessor has made no representations or warranties with respect to the condition of the BuildingSubleased Premises. Sublessor shall have no obligation whatsoever to make or pay the cost of any alterations, and shall perform such maintenance and make such necessary improvements or repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdictionSubleased Premises, including, without limitation, any improvement or repair required to comply with any law, regulation, building code or ordinance (including the Americans with Disabilities ActAct of 1990), excluding, however, any violation of the foregoing that occurred prior to and which continues to exist on the date that Sublessee enters the Subleased Premises for the purpose of constructing the Sublessee Improvements (for which Sublessee shall not be responsible). EXPANSION SPACE In Sublessor shall not be responsible for performance of any repairs required to be performed by Master Lessor or Lessor under the event TENANT leases any additional space elsewhere in terms of the BuildingMaster Lease or the Lease, the rent for said space but Sublessor shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements obligated to the expansion space comparable comply with its obligations with respect to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments contacting Lessor as set forth in Section 4 a.18.A. below. Sublessor shall cooperate with Sublessee to provide Sublessee with the benefit of any warranties or service contracts that Sublessor holds applicable to systems that Sublessee is responsible for maintaining. Sublessor shall have the right, at Sublessee's cost, and upon ten (10) days' prior notice to Sublessor, to perform any reasonable or necessary repairs or maintenance required of Sublessee under this Sublessee.
Appears in 1 contract
Sources: Sublease (Synplicity Inc)
Repairs. LANDLORD Tenant shall be responsible make all necessary repairs to the Premises, and to the heating, air conditioning and electrical systems located therein. Tenant shall also make all repairs to the Premises which are structural in nature or are required due to fire, casualty or other act of God. Tenant's obligations for all structural componentsrepair of the Premises include both the interior and exterior of the Premises. Obligations include the responsibility to maintain the air conditioning system and the roof, as well as the landscaping and irrigation system. Obligations to maintain include the obligations to replace items, including but not limited to, air conditioning units, the roof, building envelope, and foundation, and all common areas and/or the asphalt of the Buildingparking if necessary because of damage and/or reasonable wear and tear during the term of this Lease. Except as provided above, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD Tenant shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenancesgood repair, and leasehold improvements (if applicable) included within Tenant shall, upon the scope expiration of the term of this Lease Agreement and any exercised options of this Lease, yield and deliver up the Premises in effect like condition as when taken, reasonable wear and in good running order tear thereof and repairs required to be made by Tenant and/or Landlord excepted. In the event that are in compliance with all applicable laws, ordinances, and regulations of the Landlord shall be required by any governmental authority having jurisdictionto repair, includingalter, without limitationremove, reconstruct or improve any part of the Americans with Disabilities Act. EXPANSION SPACE In Premises or the property thereunder, unless the same is a result of Tenant's act, neglect, default or mode of operation, in which event TENANT leases any additional space elsewhere in the BuildingTenant shall make all such repairs, the rent for said space alterations and improvements, then Landlord shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount immediately notify Tenant of such expansion space, the effective date of TENANT’s right of occupancygovernmental requirement, and the amount of additional rent that Tenant shall be due and payable to LANDLORDmake such repair with reasonable dispatch. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease AgreementTenant shall, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense cost and expense, make all repairs and provide all maintenance in connection with any alterations, additions or improvements made by Tenant pursuant to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under authority herein in this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Lease.
Appears in 1 contract
Sources: Commercial Lease Agreement (Sun Community Bancorp LTD)
Repairs. LANDLORD shall be responsible for all structural components(a) By entry hereunder, including roofTenant accepts the Premises as being in good and sanitary order, building envelopecondition and repair, and foundationconstructed in accordance with the specifications contained in Exhibit "B" of this Lease. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, at Tenant's sole cost and expense make all common areas repairs to the Premises and every part thereof. Tenant shall, upon the expiration or sooner termination of the term hereof, surrender the Premises to Landlord in the same condition as when received, usual and ordinary wear and tear excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
(b) Anything contained in Section 9(a) above to the contrary notwithstanding Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, heating, ventilating, air conditioning and shall perform electrical systems installed or furnished by landlord, unless such maintenance and make repairs are caused in part or in whole by the act, neglect, or omission of any duty by Tenant, its agents, servant, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD maintenance and repairs. Landlord shall not be responsible liable for repairs upon implements any failure to make any such repair or articles which are the personal property of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD perform any maintenance unless such failure shall provide janitorial services and supplies to the Leased Premises and common areas persist for fifteen business (15) days after written notice of the Buildingneed of such repairs or maintenance is given to Landlord by Tenant unless the nature of such repair or maintenance is such that it cannot be repaired in such fifteen (15) business day period, in which case Landlord shall have a reasonable amount of time to conduct such repair or maintenance provided Landlord commences same within such fifteen (15) business day period and diligently pursues same to completion. Snow Removal: LANDLORD There shall keep 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 public sidewalks adjacent making of any repairs, alteration or improvements in or to any portion of the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow Premises or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall be calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area spacefixtures, appliances and equipment therein. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises shall be excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have Tenant waives the right to make repairs at its own Landlord's expense to hire an architect to determine the actual measurement of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculatedunder any law, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth statute or ordinance now or hereafter in Section 4 a.effect.
Appears in 1 contract
Sources: Office Space Lease (Stentor Inc)
Repairs. LANDLORD 8.1 Lessor shall, at its expense, maintain the roof, structural parts and outside walls. The term “walls” as used herein shall not include glass or plate glass. Lessor gives to Lessee exclusive control of the Premises and shall be under no obligation to inspect the Premises. Lessee shall immediately give Lessor written notice of any defective condition which Lessor is required to repair, after which Lessor shall have reasonable opportunity to repair same or cure such defect. Lessor shall have the right, but not the duty, to enter the Premises at any time in order to examine the Premises, or to make such repairs as required herein or which Lessor may deem necessary for the safety of, comfortable habitation in, or preservation of the Premises or the Shopping Center. Lessor may block entranceways or doorways to the Premises or the Shopping Center for reasonable periods of time in the course of making such repairs without any claim of eviction or breach of the Lease by Lessee. Nothing contained in this Lease shall require Lessor to repair any damage caused by Lessee (or Lessee’s invitees, contractors, employees or agents), and Lessee shall cause said repairs to be made at its expense.
8.2 LESSEE ACCEPTS THE PREMISES IN THEIR PRESENT CONDITION AS SUITED FOR THE USE INTENDED BY LESSEE. Lessee shall keep and maintain the Premises in good order and good repair and shall promptly make all repairs except those expressly herein required to be done by Lessor. Without limiting the generality of the foregoing, Lessee shall be responsible for all structural componentsmaintenance and repair of all equipment and fixtures used in connection with the Premises including heating, ventilating, air conditioning, plumbing, electric, gas, and telephone equipment and fixtures including water, gas and electrical connections to the Premises. Lessee shall at the end of the term hereof return the keys and deliver possession of the Premises to Lessor, with all of Lessee’s property removed, in the same condition as on the commencement of the term hereof, in a broom-clean condition, natural wear and tear excepted. Lessee shall not remove any fixtures, machines or equipment from the Premises unless it shall repair and restore any damage caused to Premises by the installation, removal, and/or use of said fixtures, equipment or machines. Lessee shall not remove fixtures, equipment or machines from Premises if it is in default under this lease. No area outside of Premises shall be used by Lessee for storage without Lessor’s prior written permission.
8.3 DURING THE TERM OF THIS LEASE LESSEE AGREES TO HAVE IN EFFECT A MAINTENANCE AGREEMENT COVERING THE HEATING AND AIR CONDITIONING EQUIPMENT. Such agreement shall provide for a minimum of two visits annually - in the spring and fall - and shall be with a reputable contractor approved by Lessor. Lessee shall provide satisfactory proof of such semi-annual service satisfactory to Lessor by April 1 and October 1 then Lessor without notice to Lessee may have a reputable contractor provide said service and charge Lessee for the cost of the service as Additional Rent. Nothing contained in this paragraph shall relieve Lessee of any obligations contained elsewhere in this paragraph.
8.4 If the Premises constitutes all of the rentable area of the Shopping Center building in which the Premises are located, then Lessee shall at Lessee’s expense care for the grounds surrounding the building, including roofmowing the grass, building envelope, care of shrubs and foundation, and all common areas of the Building, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be responsible for repairs upon implements or articles which are the personal property of TENANTgeneral landscaping. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD Lessee shall keep the public sidewalks adjacent to parking areas, driveways and alleys and the Building and any sidewalks or stairways leading from whole of the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations free of any governmental authority having jurisdictiontrash, including, without limitation, the Americans with Disabilities Actscraps or any materials and products pertaining to its business. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space No area outside of Premises shall be calculated at used by Lessee for storage without Lessor’s prior written permission. If the finished office space rate per square foot per year that is Premises do not constitute all of the rentable area of the Shopping Center building in effect under this Lease Agreement at that timewhich the Premises are located, or at then Lessor shall care for the publicly advertised rate per square foot per year for similarly finished office space in grounds surrounding the Building at that timebuilding, whichever is lower. LANDLORD shall provide improvements to including the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount mowing of such expansion spacegrass, the effective date care of TENANT’s right of occupancyshrubs and general landscaping, and the amount costs of additional rent that such care shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area a part of the Leased Premises shall match the following standard, which Common Area Maintenance Costs.
8.5 Lessee shall be based on measuring responsible for all repairs caused by break-ins, forced entry and/or vandalism to the inside finished surface of exterior wallsPremises. All personal property brought into the Premises by Lessee, to the inside finished surface of building corridor its employees, licensees and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If more than 50% of an exterior wall is glass, the dimension is taken from the interior glass line; otherwise, to the interior finished surface. Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Leased Premises invitees shall be excludedat the sole risk of Lessee. RestroomsLessor shall not be liable for theft thereof or of money deposited therein or for any damages thereto, corridors, lobbies and receiving areas which are accessible to such theft or damage being the general public or used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the building if each is less than four (4) square feet. Prior to the Commencement Date, the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement sole responsibility of the area based on the above standard. If TENANT’s architect determines that the area of the Leased Premises is less than what LANDLORD has calculated, Rent due under this Lease shall be adjusted accordingly. In that case, LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in Section 4 a.Lessee.
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