Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. (b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned. (c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law. (d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the 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. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (aincluding 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 perform all maintenancebe responsible for repairs to the exterior walls, replacements foundation and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may nevertheless make such repairs at the expense of Tenant’s expense, or, if covered by Landlord’s insurance, Tenant and such expense shall only be collectible as Additional Rentobligated to pay any deductible in connection therewith. Any such repairs and any labor performed or materials famished inLandlord may, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent but shall not be unreasonably withheldrequired to, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities enter the Premises at the Leased Space (as opposed all reasonable times to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any such repairs, alterations, improvements or additions or improvements in to the Premises or to the Leased Space, or the Building or Center Project or to any appurtenances equipment located in the Project as Landlord shall desire or equipment thereindeem 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 subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 3 contracts
Sources: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)
Repairs. (a) 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 perform make all maintenancenecessary repairs and replacements to the building in which the demised premises are located, replacements and to the common areas and electrical systems located therein, and Landlord shall also make all repairs necessary to maintain the roofdemised premises which are structural in nature or required due to fire, load bearing walls (casualty or other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements act of the BuildingGod; provided, howeverhowever that Tenant shall make all repairs and replacements arising from its act, that Landlord neglect or default. Tenant shall not be obligated for any of such repairs until keep the demised premises in good repair, and Tenant shall upon the expiration of a the term of this Lease, yield and deliver up the demised premises in like condition as when taken, reasonable period 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 time after written notice that 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 repair is needed. The cost of repairs, alterations and improvements), then the same shall be included in made by the Operating Expenses Landlord with reasonable dispatch, however, such obligation of Tenant shall not extend to maintenance, repairs or replacements necessitated by the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the intentional wrongdoing or gross negligence of Landlord. If all 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 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 (without prejudice to Landlord’s right to recover same if it deems necessary in its sole discretion or if required by governmental authority, the Base Rent from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon date the direction of Landlord shall Premises are unfit for occupancy until the Premises are fit for occupancy will be performed abated in a good and workmanlike manner, using only materials of at least proportion to the same quality and integrity as ratio that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality portion of the foregoing, Tenant at its expense Premises that is specifically required to make promptly all repairs (i) unfit for occupancy bears 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the samePremises that is fit for occupancy. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairsimprovements, alterations, additions or improvements in or reconstruction, etc. to the Leased SpacePremises cannot be completed within ninety (90) days, or the Building or Center or Tenant may, at its option, terminate this Lease and the Landlord shall immediately refund to any appurtenances or equipment thereinTenant all unearned rent and other charges paid in advance by Tenant to Landlord.
Appears in 3 contracts
Sources: Commercial Lease Agreement (Amesite Operating Co), Commercial Lease Agreement (Amesite Inc.), Commercial Lease Agreement (Amesite Inc.)
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain In the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements event of a breakdown of the Building; providedelectrical or mechanical systems, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord 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 reason the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any injury repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or interference with Tenant’s business arising from repairs not made via e-mail shall not be the making subject of any repairslegal 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, alterationsupon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, additions SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or improvements in or to maintenance of the Leased Space, or the Building or Center or to any appurtenances or equipment thereinPremises.
Appears in 3 contracts
Sources: Sub Lease/Rental Contract, Sub Lease/Rental Contract, Sub Lease/Rental Contract
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated 10.1. Except for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent damage by casualty as provided under Section 11 or as otherwise provided in Section 3(a)(iii10.3 below, Tenant shall keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) unless and all alterations and improvements to the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Premises whether installed by Landlord or its employeesTenant) in good and sanitary condition and repair, and in which case compliance with all Laws now or hereafter adopted, and shall maintain and make such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and replacements as necessary in connection therewith. In the event that any labor performed repairs or materials furnished by or upon maintenance are required, Tenant shall promptly arrange and pay for the direction of Landlord same, at Tenant’s sole cost and expense, and such work shall be performed in a good first class, workmanlike manner and workmanlike mannerusing replacement parts of comparable or better quality, using only materials style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of at least items shall be of the same quality size, quality, color and integrity design as that being repaired or the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Buildingmaintenance, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the Landlord is obligated for repairs as provided above or contrary contained in Section 11this Lease, Tenant shall makeindemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, at fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors.
10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole cost and expensediscretion, all repairs necessary may require Tenant to maintain contract with a contractor designated by Landlord for the Leased Space, including without limitation, all plumbing, monthly maintenance of the heating, ventilation, air conditioning ventilating and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 serving the Building. During the TermPremises, Tenant at its own expense shall keep in place a maintenance or Landlord may contract with a reputable heating service company of its own choosing (or provide such service itself) for the maintenance, repair or replacement (when Landlord deems it necessary) of the heating, ventilating and air conditioning service company reasonably acceptable equipment serving the Premises and ▇▇▇▇ Tenant for the costs of same as additional Rent. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlord, and provide Landlord .
10.3. Landlord’s obligation with a copy respect to repairs shall be limited to the structural parts of the same. If Premises, which structural parts include only the Tenant refuses or neglects to make such repairs or fails to diligently prosecute roof, beams and columns bearing the same to completion after written notice from Landlord main load of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Buildingroof, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation structural integrity of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
roof (c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenantexcluding skylights), Tenant also shall comply with, sidewalls and make any repairs and installations required by any applicable lawfoundation.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 2 contracts
Sources: Lease (Schnitzer Steel Industries Inc), Lease (Schnitzer Steel Industries Inc)
Repairs. 8.3.1. The Landlord, at its own expense, shall promptly repair or replace any and all defects in the Landlord Improvements and Common Areas and all latent defects in the Additional Tenant Improvements. Landlord shall also maintain, repair and replace: (a) Landlord shall perform all maintenancethe structural integrity of the Building (including, replacements and repairs necessary to maintain but not limited to, the rooffoundation, load bearing the exterior walls (other than paint and wall coveringsbut, excluding exterior glass), floors the supporting framework, the floor slab (other than carpeting, tile and similar exclusive of any floor coverings), foundations and other structural elements roof and roof membrane); (b) the Common Areas, which shall be maintained in accordance with the standards of a Class A office park for the Research Triangle Park, North Carolina area; and (c) any damages resulting from its or its employees, agents, or invitees negligent or willful acts. Repairs required of Landlord shall be made within five (5) business days after Landlord receives written notice from Tenant, or has actual knowledge, of the Building; providedneed for the repair (except that if the repair cannot be reasonably cured within that period, however, that Landlord shall not be obligated for any in default so long as it promptly and diligently pursues completion of such the repair). Except as assigned to Landlord above, Tenant, at its own expense, shall maintain and repair the Premises (including, but not limited to, the repair and replacement of the exterior glass, mechanical, plumbing, electrical systems, interior walls, floors, ceilings, security systems, the sprinkler system, and the monitoring systems) and otherwise make all repairs until relating to the expiration of a reasonable period of time after written notice that such repair is neededPremises. The cost of same All repairs to be made by Tenant shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employeesmade promptly, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated paid for repairs as provided above or in Section 11, by Tenant shall make, at its sole cost and expense, all repairs necessary allowing no liens to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or conduits at the Building; (ii) attach either to the glass windows, plate glass doors, and any fixtures Premises or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); leasehold interest, and (iv) so as not to any heating unreasonably disturb or air conditioning equipment installed inconvenience other tenants in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve require Tenant to provide such assurances as Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect Landlord against unpaid work and to require that any and all work be performed only by duly licensed contractors and suppliers who furnish materials subcontractors approved by Landlord. Landlord shall make available to Tenant any warranties Landlord has received which are applicable to the repairs to be performed by Tenant. Tenant shall reimburse Landlord for all costs incurred by Landlord (over and labor above those amounts reimbursed by insurance carried by Landlord), along with a ten percent (10%) overhead fee, for such repairsall repairs to the Common Areas, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result Building arising out of Tenant’s particular activities or its employees, agents, or invitees, negligent or willful acts. Continuously throughout the Term, Tenant shall maintain, at its expense, a maintenance contract covering the Leased Space HVAC system located in or serving exclusively the Premises with a service contractor acceptable to and approved by Landlord in its reasonable discretion. This contract shall provide for routine maintenance, including, but not limited to, timely changing of all filters (at recommended intervals), adjustment and inspection of air handling mechanisms and control equipment, and performance of necessary lubrication, testing, and other such normal maintenance procedures. Notwithstanding the preceding to the contrary, in the event the Tenant fails to maintain the required HVAC maintenance contract, Landlord reserves the right to arrange for the HVAC system maintenance contract and charge Tenant for the reasonable costs of that contract.
8.3.2. Notwithstanding the above provisions to the contrary, except where the need for the HVAC Capital Repair (as opposed to general occupancy thereof defined below) is caused by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy or its agents’, employees’ or invitees’ negligent or willful acts or Tenant’s failure to keep the required HVAC maintenance contract continuously in effect, Tenant’s repair obligations under this Lease with respect to the Premises’ HVAC system shall not include any capital repair/replacements costing more than $2500.00 (a “HVAC Capital Repair”). Landlord, after notice of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising need for an HVAC Capital Repair is received from the making Tenant, shall, at its own expense, promptly and diligently cause the HVAC Capital Repair to be made. Tenant shall nevertheless reimburse the Landlord for the first $2500.00 of any repairs, alterations, additions or improvements the reasonably necessary costs incurred by Landlord in or to completing the Leased Space, or the Building or Center or to any appurtenances or equipment thereinHVAC Capital Repair.
Appears in 2 contracts
Sources: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)
Repairs. In the event Tenant is required to restore the Leased Property pursuant to Section 10.2.2, Tenant shall commence promptly and continue diligently to perform the repair and restoration of the Leased Property (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain hereinafter called the roof, load bearing walls (other than paint and wall coverings“Work”), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of so as to restore the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished Leased Property in compliance with all applicable lawsLegal Requirements and so that the Leased Property shall be, regulationsto the extent practicable, ordinances substantially equivalent in value and requirements of all duly constituted authorities general utility to its general utility and value immediately prior to such damage or governmental bodies having jurisdiction over destruction. Subject to the Buildingterms hereof, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost be required to advance the insurance proceeds 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 any additional amounts payable by Landlord pursuant to subparagraph (a) Section 10.2.3 to Tenant regularly during the repair and shall keep restoration period so as to permit payment for the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion cost of any pipes, lines, ducts, wires such restoration and repair. Any such advances shall be made not more than monthly within ten (10) Business Days after Tenant submits to Landlord a written requisition and substantiation therefor on AIA Forms G702 and G703 (or conduits at the Building; (ii) to the glass windows, plate glass doors, and any fixtures on such other form or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company forms as may be reasonably acceptable to Landlord). Landlord may, at its option, require, prior to advancement of said insurance proceeds and provide other amounts by Landlord, (a) approval of plans and specifications by an architect satisfactory to Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, (which consent approval shall not be unreasonably withheldwithheld or delayed), delayed or conditioned.
(b) general contractors’ estimates, (c) If required solely as a result of Tenantarchitect’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant)certificates, Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that unconditional lien waivers of general contractors, if available, (e) evidence of approval by all governmental authorities and other regulatory bodies whose approval is required, (f) deposit by Tenant of the applicable deductible amount with Landlord, and (g) such other terms as Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with may reasonably require. Tenant’s use and occupancy of obligation to restore the Leased SpaceProperty pursuant to this Article 10 shall be subject to the release of available insurance proceeds by Landlord or directly to Tenant and, in the event such proceeds are insufficient, Landlord shall not be liable by reason of any injury electing to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinmake such deficiency available therefor.
Appears in 2 contracts
Sources: Master Lease (CNL Income Properties Inc), Master Lease (CNL Income Properties Inc)
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain keep the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements Common Areas of the Building; providedBuilding and the Project in a clean and neat condition. Subject to subparagraph (b) below, however, that Landlord shall not be obligated for any of such repairs until the expiration of make all necessary repairs, within a reasonable period following receipt of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses need therefor from Tenant, to the extent provided in Section 3(a)(iii) unless the necessity for any exterior walls, exterior doors, exterior locks on exterior doors and windows of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and to the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost Common Areas and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning public corridors and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality other public areas of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that Project not constituting a portion of any pipes, lines, ducts, wires or conduits at the Building; (ii) tenant s premises and shall use reasonable efforts 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 keep all Building standard equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished used by Tenant in compliance common with all applicable laws, regulations, ordinances other tenants in good condition and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right repair and 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 replace same at the Leased Space (end of such equipment’s normal and useful life reasonable wear and tear and casualty loss excepted. Except as opposed to general occupancy thereof by any tenant), Tenant also expressly provided in Paragraph 9 of this Lease there shall comply with, be no abatement of Rent and make any repairs and installations required by any applicable law.
(d) Provided that no liability of Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Leased SpacePremises, or the Building or Center the Project. Tenant waives the right to make repairs at Landlord’s expense under any law statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature).
(b) Tenant, at its expense, (i) shall keep the 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 appurtenances materials to be made by use of materials of equal or equipment therein.better quality. Tenant shall do all decorating, remodeling,
Appears in 2 contracts
Sources: Office Lease (Zoom Video Communications, Inc.), Office Lease (Zoom Video Communications, Inc.)
Repairs. (a) Landlord Tenant shall perform take good care of Demised Premises and fixtures therein and, subject to the provisions of Article 4 hereof, shall, except for ordinary wear and tear, make all maintenance, replacements repairs in and repairs about Demised Premises necessary to maintain preserve them in food order and condition, which repairs shall be in quality and class equal to the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; providedoriginal work. Landlord, however, that Landlord shall not be obligated for any of such repairs until repair the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all Building plumbing, heating, ventilation, ventilating or air conditioning and electrical linessystems and make structural repairs within Demised Premises arising from ordinary wear and tear or through causes over which Tenant has no control, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein except as otherwise provided in neat and orderly conditionthis Lease. 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs repair, at the expense of Tenant Tenant, all damage or injury to Demised Premises, or to the Building and such Landlord may repair, at the expense shall be collectible as Additional Rent. Any such repairs of Tenant, all damage or injury to Demised Premises, or to the Building and its fixtures, appurtenances or equipment or to any labor performed or materials famished in, on or about of the Leased Space shall be performed and furnished by Tenant areas used in compliance connection with all applicable laws, regulations, ordinances and requirements the operation of duly constituted authorities having jurisdiction over the Building, the requirements done by Tenant or Tenant's agents, servants, employees, contractors, visitors or Licensees or caused by moving property of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation Tenant in or out of the foregoingBuilding, or by installation or removal of furniture or other property, or resulting from fire, heating, ventilating or air conditioning unit or system, short circuits, overflow or Leakage of water, steam, gas, sewer gas, sewage or odors, or by frost or by bursting or Leaking of pipes or plumbing works, or gas, or from any other cause, due to the carelessness, negligence, or improper conduct of Tenant or Tenant's agents, servants, employees, contractors, visitors or Licensees. Landlord shall have the right to approve replace, at the expense of Tenant, any and all contractors plate and suppliers who furnish materials and labor other glass damaged or broken from any cause whatsoever in or about Demised Premises unless caused by or due to the sole negligence of Landlord, Landlord's agents, servants or employees. Except as provided in Article 10 hereof, there shall be no allowance to Tenant for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result diminution of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply withrental value, and make any repairs and installations required by any applicable law.
(d) Provided that no Liability on the part of Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any inconvenience, annoyance or injury to or interference with Tenant’s business arising from the making of of, or the failure to make, any repairs, alterations, decorations, additions or improvements in or to the Leased Space, or any portion of the Building or Center any of the areas used in connection with the operation thereof, or Demised Premises, or in or to any fixtures, appurtenances or equipment thereinequipment, or by reason of the act or neglect of Tenant or any other tenant or occupant of the Building; and in no event shall Landlord be responsible for any consequential damages arising or alleged to have arisen from any of the foregoing matters except those arising as a result of Landlord's gross negligence or willful misconduct. Tenant hereby waives all rights under the provisions of Sections 1932, 1933, 1941 and 1942 of the Civil Code of the State of California and all rights under any Law in existence during the Term of this Lease authorizing a tenant to make repairs at the expense of a Landlord or to terminate a Lease upon the complete or partial destruction of the teased premises.
Appears in 2 contracts
Sources: Lease Agreement (Homelife Inc), Lease Agreement (Homelife Inc)
Repairs. If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the base, shell, and core of the Premises, the Common Areas and the portions of the Project serving the Premises. Such restoration shall be to substantially the same condition of such items as prior to the casualty, except for modifications (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain required by Law; (b) required by the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration holder of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over 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 requirements character of the Project. No such modifications shall materially impair access to the Premises and any board of underwriters having jurisdiction thereof.
(b) Except as Common Areas serving the Landlord is obligated for repairs as provided above or in Section 11, Premises. Tenant shall makebe responsible, at its sole cost and expense, all repairs necessary for the repair, restoration, and replacement of any leasehold improvements installed by Tenant (unless Landlord has elected to maintain insure the Leased Spacesame, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to in which case such repair shall be maintained by Landlord pursuant to subparagraph (aLandlord’s responsibility) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 BuildingProperty. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason for any loss of business, inconvenience, or annoyance arising from any repair or restoration of any injury to or interference with Tenant’s business arising from portion of the making of any repairsPremises, alterations, additions or improvements in or to the Leased SpaceBuilding, or the Building or Center or 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 any appurtenances or equipment thereinsubstantially the same condition as prior to the casualty, except for modifications required by Law. All work by Tenant shall be subject to the conditions set forth in this Lease governing alterations and additions.
Appears in 2 contracts
Sources: Office Lease (Eargo, Inc.), Office Lease (Quality Systems Inc)
Repairs. 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, and within any reasonable period of time specified by the Landlord. If the Tenant does not do so after five (5) days written notice to Tenant, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements, forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental authority or court order or decree. Except as otherwise set forth in this Lease, Landlord shall not under any circumstances be required to build any improvements on the Premises, or to make any repairs, replacements, alterations, or renewals of any nature or description to the interior of the Premises or to any of the existing improvements therein, whether interior or exterior, ordinary or extraordinary structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever in connection with this Lease or to inspect or maintain the Premises in any way, except as expressly set forth as follows: (a) the replacement of any roof on a building at the Premises as required, (b) repair and/or replacement of any load-bearing walls and exterior walls on buildings at the Premises as required, (c) any repair/replacement of Building mechanical systems as required, and (d) any repair/replacement of the Building foundation and all other structural repairs. Landlord shall not be required to make any such repair or replacement where such repair or replacement is necessitated by any action, willful misconduct, omission, non action or gross negligence of Tenant or Tenant’s agents, employees, customers, invitees, or contractors. Landlord shall not be deemed in breach of this Lease unless Landlord fails within a reasonable time to perform all maintenancean obligation required to be performed by Landlord. For purposes of this Section 7, replacements and repairs necessary to maintain except in the roofcase of an emergency, load bearing walls a reasonable time shall in no event be less than ten (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements 10) days after receipt by Landlord of the Buildingwritten notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord’s obligation is such that more than ten (10) days after such notice are reasonably required for its performance, then Landlord shall not be obligated for any in breach of this Lease if performance is commenced within such repairs until the expiration of a reasonable ten (10) day period of time after written notice that such repair is neededand thereafter diligently pursued to completion. The cost of same shall be included in the Operating Expenses Notwithstanding anything herein to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employeescontrary, in which case such cost shall addition to and not be included as part in limitation of the Operating Expenses but shall be paid by Landlord (without prejudice to LandlordTenant’s right to recover same from the responsible party). Any such maintenanceremedies, replacements or repairs and any labor performed or materials furnished by or upon the direction of if Landlord shall be performed deemed in a good and workmanlike mannerbreach of this Section 7, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, then Tenant shall make, at its sole cost be entitled to Rent abatement until such breach is cured and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve no claim against Landlord for any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable damages suffered by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinsuch breach.
Appears in 2 contracts
Sources: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)
Repairs. (a) 7.1 Landlord shall perform at all maintenancetimes during the Lease Term (with the exception of Tenant’s rights with respect to the HVAC set forth in Section 6.9 above) maintain in good condition and operating order and in a manner reasonably commensurate with the maintenance standards of owners of Comparable Buildings, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements portions of the Building, including, without limitation, all Base Building, the exterior walls, foundation, roof of the Building, the structural portions of the floors of the Building, stairs, stairwells, escalators, elevators, parking areas, exterior landscaping and all Common Areas (collectively, the “Building Structure”), and the Building’s mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems (and all associated equipment, boilers, connections and/or facilities related to such HVAC systems) (collectively, the “Building Systems”) except to the extent that such repairs are required due to the gross negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the gross negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be obligated for required to, enter the Premises at all reasonable times (upon not less than forty-eight (48) hours advance written notice, except in the case of emergencies in which case no such notice shall be required and such entry may be at any time) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem reasonable necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use reasonable efforts to minimize interruption of Tenant’s operations in the Premises during any entry into the Premises pursuant to this Article 7. Tenant shall at all times, except in the case of emergencies, have the right to escort Landlord or its agents, representatives, contractors or guests while the same are in the Premises, provided such repairs until escort does not materially and adversely affect Landlord’s access rights hereunder.
7.2 Except as specifically set forth in this Lease to the expiration contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems. Tenant shall, at Tenant’s own expense, keep the Premises, including, without limitation, glass panels and partitions, washrooms, lavatories, showers, toilets, basins, and supplemental HVAC systems, including each of a their respective mechanical, plumbing and electrical connections, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time after written notice that such specified by Landlord, promptly and adequately repair is needed. The cost of same shall be included in the Operating Expenses all damage to the extent 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 in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employeeshowever, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to that, at Landlord’s right to recover same from the responsible party). Any such maintenanceoption, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, if Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects fails to make such repairs within ten (10) business days following notice from Landlord (no notice shall be required in the event of an emergency), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the actual out-of-pocket cost thereof. 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.
7.3 Notwithstanding the foregoing, in the event that Landlord fails to diligently prosecute make any repairs to the same Premises which Landlord is required to completion make pursuant to the terms of this Lease (which failure to repair materially and adversely affects Tenant’s use of the Premises), within thirty (30) days after written notice from Tenant (or one (1) business day after written notice in the case of an emergency involving the likelihood of imminent harm to person or material damage to property), then Tenant may give Landlord an additional three (3) business days written notice (or additional one (1) business day’s written notice in the case of an emergency as described above) (such additional notice, a “Self Help Notice”) specifying that Tenant is going to take such required action (which notice must describe in detail the action required of Landlord pursuant to this Lease, and state in the subject line in boldface, ALL CAPS that “LANDLORD’S ATTENTION IS REQUIRED. IF LANDLORD FAILS TO COMMENCE PERFORMANCE OF ITS OBLIGATIONS WITHIN THREE (3) BUSINESS DAYS FOLLOWING THE DATE OF THIS NOTICE, TENANT SHALL EXERCISE IT’S “SELF HELP” REMEDY PURSUANT TO SECTION 7.3 OF THE LEASE”). If Landlord has not commenced to repair such problem (or reasonably objected to the required action described in Tenant’s notice) within such three (3) business day period (or one (1) business day period in the case of an emergency) after receipt of the need therefore and a reasonable time for cureSelf Help Notice from Tenant (which Self Help Notice must conform with the foregoing requirements), Landlord may make such repairs at the expense of then Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any perform the required action of Landlord in a good and professional manner in accordance with all contractors and suppliers who furnish materials and labor for such repairsapplicable laws (using vendors pre-approved by Landlord) and, which consent shall provided that Landlord has not be unreasonably withheld, delayed disputed or conditioned.
(c) If objected to the required solely as a result of action described in Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Spacenotice, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from reimburse Tenant for the making of any repairs, alterations, additions or improvements in or actual and reasonable costs thereof (to the Leased Spaceextent such costs would not otherwise be payable by Tenant under this Lease) within thirty (30) days after presentation of a reasonably detailed invoice demonstrating the expenses incurred by Tenant. If Landlord does not reimburse such costs incurred by Tenant within such thirty (30) day period, then Tenant shall be entitled to pursue arbitration of Landlord’s obligation for payment of such amount in accordance with Section 7.4. If Tenant prevails in any such arbitration, and such arbitration is not subject to appeal, and Landlord does not pay the amounts finally determined to be owed within thirty (30) days after written notice of that final determination, that finally determined amount may be offset by Tenant from Rent next due and payable under this Lease. In no event shall the total amounts offset under this Section 7.3 in any calendar month exceed twenty-five percent (25%) of the Base Rent payable in that calendar month.
7.4 In the event that under Section 7.3, Landlord and Tenant are to arbitrate a dispute over whether Landlord is obligated to reimburse Tenant for costs incurred by Tenant under Section 7.3, such dispute shall be resolved by expedited binding arbitration before a retired judge in the State of California under the auspices of JAMS (or any successor to such organization, or if there is no such successor, then to a comparable organization mutually agreed upon by Landlord and Tenant) in San Francisco, California, according to the Building or Center or then rules of commercial arbitration of such organization. JAMS shall be instructed to any appurtenances or equipment thereincomplete the arbitration within thirty (30) days.
Appears in 2 contracts
Sources: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)
Repairs. The City shall keep the structural components of the CSA (a) Landlord shall perform all maintenance, replacements including the walls and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors the mechanical systems serving the CSA (other than carpetingi.e., tile HVAC, plumbing, electrical and similar floor coveringsnatural gas systems), foundations and the City owned equipment and fixtures in good repair, subject to Concessionaire’s maintenance obligations set forth above. City shall not be required to make any repairs to the CSA, mechanical systems or City owned equipment or fixtures or any other structural elements of the Building; provided, however, that Landlord CSA unless and until Concessionaire has notified City in writing of the need for such repairs. City shall not be obligated for any of such repairs until the expiration of have a reasonable period of time after written following receipt of such notice that such to commence and complete said repairs. Notwithstanding the foregoing, Concessionaire shall repair is needed. The cost of same shall be included in the Operating Expenses all damage to the extent provided in Section 3(a)(iii) unless CSA and all improvements on the necessity for any of CSA, including furnishings, fixtures, and equipment, caused by the foregoing arises from the gross negligence or wilful and wanton misconduct willful acts or omissions of Landlord or Concessionaire, its employees, agents, servants, or licensees. All repairs to the CSA done by or on behalf of Concessionaire shall be of first-class quality in which case such cost both materials and workmanship, shall not be included as part equal to or better than the original in materials and workmanship, and, except in emergencies requiring immediate response, shall have the prior written approval of the Operating Expenses but Airport Director. All repairs shall be paid conform to the applicable rules and regulations and building codes prescribed from time to time by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenancefederal, replacements state, or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies local City having jurisdiction over the BuildingCSA. The Airport Director shall be the sole judge of the quality of the repairs. Concessionaire expressly waives any and all claims for damages of any kind, including but not limited to loss of profits as a result of the interruption of Concessionaire’s business, resulting from the need for repairs to the CSA, the mechanical systems or City-owned equipment or fixtures, whether such repairs are undertaken by the City or Concessionaire. To the extent that any item of the City owned equipment or fixtures listed on Exhibit B shall, by reason of normal “wear and tear” and/or by reason of its age and/or years of service, become functionally obsolete, useless, irreparable or economically imprudent to repair, City shall be responsible for, and pay the requirements cost of, replacing such item. The Airport Director’s determination as to the functionality or utility of such item or the economic feasibility of repairing such item shall be made only after consultation with Concessionaire. If, following consultation with Concessionaire, the Airport Director reasonably determines that such item has become functionally obsolete, useless, irreparable or economically imprudent to repair, Concessionaire shall surrender possession of such item, remove such item from the CSA and deliver it to the Airport Director. The Airport Director shall, following consultation with Concessionaire as to type, size and quality specifications, purchase, lease or otherwise obtain equipment and/or fixtures of its own choosing to replace any board such item. All items of underwriters having jurisdiction thereof.
(b) Except as replacement equipment or fixtures purchased, leased or obtained by City and placed or installed in the Landlord is obligated for repairs as provided above CSA shall, at all times, be and remain the sole and exclusive property of the City. Concessionaire shall not have or acquire any right, title, or interest in Section 11, Tenant or to any such replacement equipment or fixtures. Concessionaire shall makerepaint or refinish, at its sole cost and expense, all repairs necessary high traffic areas of the CSA subject to maintain greater-than-normal wear on a schedule to be specified by Concessionaire, or as may be directed by the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, Airport Director if Concessionaire fails to specify a reasonable schedule. Concessionaire shall repair or replace Concessionaire’s trade fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) that become worn, chipped, dented, or gouged. All repainting and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord refinishing shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy prior written approval of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinAirport Director.
Appears in 2 contracts
Sources: Non Exclusive Food, Beverage, Vending, and Retail Concession Agreement, Non Exclusive Food, Beverage, Vending, and Retail Concession Agreement
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (aincluding, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall perform all maintenancebe responsible for repairs to the exterior walls, replacements foundation and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be obligated for any of such repairs until required to, enter the expiration of a Premises at all reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects times to make such repairs repairs, alterations, improvements or fails additions to diligently prosecute the same Premises or to completion after written notice from the Project or to any equipment located in the Project as Landlord of the need therefore and a reasonable time for cure, shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases any and all rights it may have at law or in equity to make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedLandlord.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 2 contracts
Sources: Office Lease (Motricity Inc), Office Lease (Motricity Inc)
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary 10.01 Subject to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 1110.02 below, Tenant shall makeshall, at all times and at its sole cost and expense, keep all repairs necessary to maintain parts of the Leased SpacePremises (including without limitation the Tenant Improvements and Tenant Alterations, including windows, glass and plate glass, doors (including, without limitation, overhead and roll up doors), skylights, any special office entries, interior walls and finish work, floors and floor coverings), interior and exterior, and all plumbingequipment and facilities within or serving the Premises, heatingin good order, ventilation, air conditioning condition and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep repair regardless of whether the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality portion of the foregoingPremises requiring repairs, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion or the means of any pipesrepairing same, lines, ducts, wires are reasonably or conduits at the Building; (ii) to the glass windows, plate glass doorsreadily accessible, and any fixtures or appurtenances composed regardless of glass and which are located within whether the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make need for such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely maintenance occurs as a result of Tenant’s particular activities at the Leased Space use, any prior use, vandalism, acts of third parties, Force Majeure (as opposed to general occupancy thereof by any tenant)defined in Article 26 below) or the age of the Premises, Tenant also shall comply with, reasonable wear and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which tear excepted. The standard for comparison of condition will keep at a minimum be the condition of the Premises as of the original date of Landlord’s interference with Tenant’s use and occupancy delivery of the Leased SpacePremises to Tenant and failure to meet such standard shall create the need to repair. If Tenant does not perform required maintenance or repairs, Landlord shall not have the right, without waiver of Default or of any other right or remedy, to perform such obligations of Tenant on Tenant’s behalf, and Tenant will reimburse Landlord for any costs incurred, together with an administrative fee in an amount equal to 10% of the cost of the repairs, immediately upon demand.
10.02 As the Premises constitute a portion of a multiple occupancy Building, Landlord shall perform the repair and maintenance of the roof, exterior walls, exterior areas, foundations and common sewage line plumbing which are otherwise Tenant’s obligation under Section 10.01 above, fire sprinkler system, Common Area fire alarm, utility systems serving the Common Area, the Common Areas and any other maintenance and repair of exterior, structural, and/or common elements which Landlord shall elect, and Tenant shall, in lieu of the obligations set forth under Section 10.01 above with respect to such items, be liable for its Proportionate Share of the expenses so incurred by reason Landlord; provided, Tenant shall reimburse Landlord for 100% of any injury such expense incurred by Landlord due to the act or interference with Tenant’s business arising from omission of Tenant or any Tenant Entity. Tenant expressly waives the making benefit of any repairsstatute or other legal right now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense, alterationswhether by deduction of rent or otherwise, additions or improvements in or to terminate this Lease because of Landlord’s failure to keep the Leased SpaceProperty, or the Building or Center or to any appurtenances or equipment thereinpart thereof in good order, condition and repair.
Appears in 1 contract
Repairs. (aA) Landlord shall during the term of this Lease make all necessary repairs or alterations to the structural portion of the Buildings, defined as the foundation, roof, exterior walls, structural columns and structural beams and shafts, at its sole cost. Landlord shall also maintain, keep clean, safe and orderly, and repair and replace as necessary all common areas (including salting, sanding and snow removal from all parking areas, sidewalks, common entry ways and access roads to the Demised Premises). Notwithstanding the foregoing, if any of said repairs or alterations shall be made necessary by reason of repairs, installations, alterations, addition or improvements made by Tenant or anyone claiming under, Tenant, by reason of the fault or negligence of Tenant or anyone claiming under Tenant, by reason of a default in the performance or observance of any agreements, conditions or other provisions on the part of Tenant to be performed or observed hereunder, by reason of any vehicles damaging the Demised Premises or by reason of any special use to which the Demised Premises may be put, Tenant shall make all such repairs or alterations as may be necessary, should the party at fault be found to be affiliated with Tenant except as otherwise required under Article 13 (A). Landlord shall not be deemed to have committed a breach of any obligation to make repairs or alterations or perform any other act unless Landlord shall have made such repairs or alterations or performed such other act negligently. The Landlord’s liability shall be limited to the cost of making such repairs or alterations or performing such other act. As used in this Lease, the expressions “exterior walls” and “roof” do not include rooftop heating and/or air conditioning units serving the Demised Premises exclusively or glass, windows, doors, window sashes or frames, door frames or sign belt.
(B) Tenant shall during the term of this lease make all maintenancerepairs and alterations to the Demised Premises which Tenant is required to maintain and or replace as hereinafter set forth, replacements and repairs which may be necessary to maintain the roofsame in good order, load bearing walls (repair and condition, or which may be required by any laws, ordinances, regulations or requirements of any public authorities having jurisdiction subject only to the provisions of Articles 13 and 14; and Tenant shall upon the expiration or other termination of the term of this lease remove its property and that of all persons claiming under it and shall yield up peaceably to Landlord the Demised Premises and all property therein other than paint property of Tenant or persons claiming under Tenant, broom clean, and wall coverings)in good order, repair and condition, and subject only to the provisions of Articles 13 and 14 and shall then surrender all keys for the Demised Premises and shall inform Landlord of all combinations on locks and safes. The property which Tenant is required to maintain is the Demised Premises and every part thereof, including without limitation, (I) the floor slab, and all walls, floors and ceilings, (other than carpetingII) the heating, tile ventilating air conditioning system and similar floor coverings)all utilities (water, foundations gas, electricity and other structural elements sewerage) conduits, fixtures, lamps, ballast, and light bulbs, meters and equipment to the extent the same serve the Demised Premises (III) all glass, windows, doors, window sashes and frame, and door frames, and (IV) Tenant shall at all times keep in full force and effect full (all labor and materials included) service and maintenance contract, approved by Landlord, for the heating, ventilating, air conditioning system of the Building; providedDemised Premises. Landlord may, howeverat its option, that Landlord reserve the right to be the contractor providing the above services and maintenance contracts and charge the Tenant for such cost at rates similar to those prevailing in the industry and approved by tenant which will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall not be obligated for under any obligation to make repairs or alterations to the foundation, roof, exterior walls, floor slab (except to the extent that the Tenant has caused damage), structural columns or structural beams of such repairs until the expiration Demised Premises or to make any repair or assume any responsibility of a reasonable period Landlord under Section (A) of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses this Article, except to the extent provided in Section 3(a)(iii(A) unless of this Article. Tenant specifically agrees to replace all glass on the necessity for Demised Premises damaged with glass of the same kind and quality. Tenant also shall keep the Demised Premises attractive in appearance. So-called patch-paint jobs by Tenant shall be unacceptable. Not excepting any of the foregoing arises from above, landlord shall be responsible for the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part maintenance of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereofHVAC system for suite 104.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Repairs. (a) Landlord shall perform all maintenancerepair, replacements maintain and repairs necessary to maintain as necessary, replace, the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building, and all plumbing and electrical fixtures and equipment and HVAC system components serving the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises (a) from the gross negligence or wilful willful and wanton misconduct of Landlord or its employees or, subject to clause (I) of the second paragraph of Section 3(a)(iii) hereof, by any other tenant of the Center or such tenant’s agents, employees, licensees, or invitees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party), or (b) negligence or willful and wanton misconduct of Tenant, its agents, employees, licensees or invitees, in which case such cost shall be paid by Tenant. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished furnished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities or central bodies having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who to furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business Business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Lease Agreement (Viropharma Inc)
Repairs. (aA) Landlord shall, during the term of this Lease, make all necessary repairs or alterations to the property, which Landlord is required to maintain, as hereinafter set forth. The property, which Landlord is required to maintain, is the foundation, roof, exterior walls, structural columns and structural beams of the Demised Premises and the landscaped and parking areas upon the Entire Parcel. Notwithstanding the foregoing, if any of said repairs or alterations shall be made necessary by reason of repairs, installations, alterations, additions or improvements made by Tenant or anyone claiming under, Tenant, by reason of the fault or negligence of Tenant or anyone claiming under Tenant, by reason of a default in the performance or observance of any agreements, conditions or other provisions on the part of Tenant to be performed or observed hereunder, by reason of any vehicles damaging the demised premises or by reason of any special use to which the Demised Premises may be put, Tenant shall make all such repairs or alterations as may be necessary, except as otherwise required under Article 13(A). Landlord shall not be deemed to have committed a breach of any obligation to make repairs or alterations or perform any other act unless (1) Landlord shall perform have made such repairs or alterations or performed such other act negligently, or (2) Landlord shall have received notice from Tenant designating the particular repairs or alterations needed or the other act of which there has been failure of performance and shall have failed to make such repairs or alterations or performed such other act after the receipt of such notice and in the event Initials: JPF. SPM. 5 of a breach referred to in Clause (2) of this sentence, Landlord’s liability shall be limited to the cost of making such repairs or alterations or performing such other act. As used in this Lease, the expressions “exterior walls” and “roof” do not include rooftop heating and/or air conditioning units serving the Demised Premises exclusively or glass, windows, doors, window sashes or frames, door frames or sign belt.
(B) Tenant shall, during the term of this Lease, make all maintenancerepairs and alterations to the property which Tenant is required to maintain and/or replace as hereinafter set forth, replacements and repairs which may be necessary to maintain the roofsame in good order, load bearing walls (repair and condition or which may be required by any laws, ordinances, regulations or requirements of any public authorities having jurisdiction, subject only to the provisions of Articles 13 and 14; and Tenant shall upon the expiration or other termination of the term of this Lease remove its property and that of all persons claiming under it and shall yield up peaceably to Landlord the Demised Premises and all property therein other than paint property of Tenant or persons claiming under Tenant, well maintained and wall coveringsclean, and in good order, repair and condition, and subject only to the provisions of Articles 13 and 14, and shall then surrender all keys for the Demised Premises and shall inform Landlord of all combinations on locks, alarms and safes. The Tenant shall not change the door locks to the Demised Premises from the Landlord’s “Falcon” lock system without the Landlord’s written consent in each instance. The property which Tenant is required to maintain or replace is the Demised Premises and every part thereof, including, but without limitation, (I) the floor slab, and all walls, floors and ceilings, (II) the heating, ventilating air conditioning systems and all utilities (water, gas, electricity and sewerage) conduits, the sprinkler system (such maintenance excludes monitoring and regular testing of the sprinkler systems and fire alarms related thereto), floors fixtures, meters and equipment to the extent the same serve the Demised Premises (other than carpetingwhether located inside or outside the Building, tile (III) stairways, landings, sidewalks and similar floor coverings)traffic lanes as well as the proper and regular sanding thereof, foundations and other structural elements (IV) all glass, windows, doors, window sashes and frame and door frames. Notwithstanding anything contained to the contrary herein, in the event any of the Building; providedabove-referenced items which the Tenant is herein required to maintain become inoperable and need to be replaced, however, that the Landlord shall undertake to replace such item(s) and thereafter the Tenant will then be charged on a monthly basis for the five (5) year term of the Lease (or any extension thereof until the Lease Expiration Date or a later Lease Expiration Date thereof of in the event the Tenant exercises any extension rights) the cost of such Landlord Capital Expenditure amortized over the useful life of such item as determined by United State Internal Revenue Service tables for depreciation of such “useful life”. If any of the items listed above become inoperable and need to be replaced as a result of the Tenant’s use of such items the Landlord shall not be obligated responsible to replace such items a a capital improvement and the Tenant shall be responsible to replace such item(s) at its own expense. Tenant shall at all times keep in full force and effect a full (all labor and materials included) service and maintenance contract, approved by Landlord, for the heating, ventilating, air conditioning systems of the Demised Premises. Notwithstanding anything contained to the contrary herein, in the event that any of such repairs the heating, air ventilating and air conditioning units (collectively “HV/AC Unit”) that currently serve the Demised Premises fails to function and cannot be repaired and therefore replacement of an HV/AC Unit is necessary the HV/AC Unit will be replaced by Landlord (hereinafter referred to as the “Landlord’s HV/AC Capital Expenditure”). Thereafter the Tenant will then be charged on a monthly basis for the five (5) year term of the Lease (or any extension thereof until the expiration Lease Expiration Date or a later Lease Initials: JPF. SPM. 6 Expiration Date thereof of a reasonable period in the event the Tenant exercises any extension rights) the cost of time after written notice that such repair is neededLandlord HV/AC Capital Expenditure amortized over the useful life of fifteen (15) years. The cost Landlord’s HV/AC Capital Expenditure is limited to the HV/AC Units that currently serve the Demised Premises and does not extend to any additional HV/AC Units that the Tenant installs for the Tenant’s use of same the Demised Premises. Notwithstanding the foregoing, Tenant shall not be included in under any obligation to make repairs or alterations to any of the Operating Expenses property which Landlord is responsible for pursuant to Subsection (A) of this Section of the Lease, including the foundation, roof, exterior walls, structural columns or structural beams of the Building, except to the extent provided in Section 3(a)(iii(A) unless the necessity for any of this Article. Tenant specifically agrees to replace all glass damaged with glass of the foregoing arises from the gross negligence or wilful same kind and wanton misconduct of Landlord or its employees, in which case such cost quality. Tenant shall not be required to fully repaint the Demised Premises but shall be required to repair damaged walls and paint as need to maintain the Demised Premises in good order repair and condition during the Lease. At the expiration of the Lease Term or any early termination of the Lease Term, Tenant shall restore the Demised Premises to the same condition as the Demised Premises were in upon commencement of the term unless otherwise requested in writing by Landlord. Tenant shall be entitled to remove all laboratory or other equipment installed (excluding any Tenant installed heating, ventilating and air condition equipment and associated duct work unless instructed by the Landlord otherwise) at its own expense during the Lease and the Tenant covenants and warrants that it shall is obligated to repair all damage associated with the removal of any Tenant installed laboratory equipment and otherwise restore the Demised Premises to same condition the such Demised Premises were in prior to the installation of said Tenant installed laboratory equipment. Tenant shall save Landlord harmless and indemnify from all injury, loss, claim or damage to any person or property occasioned by, or growing out of, the installation of any Tenant installed Laboratory Equipment in addition to any and all other indemnification of the Landlord as described in this Lease. Tenant hereby acknowledges that the furniture listed on the attached Exhibit D is included as part of the Operating Expenses but shall Demised Premises for the duration of the Lease and said furniture is to be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as returned the Landlord is obligated for repairs as provided above or in Section 11good order, Tenant shall make, repair and excepting normal wear and tear condition at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality end of the foregoing, Lease Term or any earlier termination of this Lease. Prior to the expiration of the Lease Term or any earlier expiration thereof the Landlord may require the Tenant at its expense is specifically required to make promptly all repairs provide a Decommissioning Report which such report should include but not limited to: (i) to a description of the type of laboratory activities that portion occurred on the premises and a list of any pipes, lines, ducts, wires or conduits chemicals and substances that were used at the BuildingDemised Premises; (ii) a description of the policies and practices used in the Demised Premises to the glass windows, plate glass doors, prevent and any fixtures or appurtenances composed of glass and which are located within the Leased Spaceaddress spills; (iii) a report by a licensed professional detailing decommissioning and decontamination activities that were undertaken prior to Tenant’s sign(s)vacating the Demised Premises (areas of including lab hoods, vent stacks, chemical piping, chemical sink drains; and (iv) to copy of any heating manifests or air conditioning equipment installed bills of lading for the shipment chemicals or waste products disposed of in the Building. During the Term, Tenant at its own expense shall keep in place Demised Premises or no manifests or bills of lading are available a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising description from the making disposer of any repairs, alterations, additions such chemicals or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinwaste products of how such items were disposed of.
Appears in 1 contract
Sources: Lease Agreement (Spring Bank Pharmaceuticals, Inc.)
Repairs. (a) 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 perform all maintenancebe made by a qualified professional, replacements and repairs necessary to maintain selected by the roofLandlord/Agent, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements who is familiar with the maintenance or repair of the Building; providedproperty, howeverequipment, that Landlord shall not be obligated for any of or appliances in question. Any repair or replacement such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same as might fall under normal maintenance listed in paragraph 12 above shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any responsibility of the foregoing arises from Tenant regardless of cause (unless caused by 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/Agent or their employees). Any such maintenance, replacements or unauthorized repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in at Tenant's expense and liability and shall be a good and workmanlike manner, using only materials material breach of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements this lease by ▇▇▇▇▇▇. Tenant shall promptly notify Landlord/Agent of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for defect, problems, or needed repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or conduits at the Building; (ii) with respect to the glass windowspremises, 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 but shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make not order such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by premises without prior written approval from the Landlord/Agent. Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over hereby expressly agrees to limit or restrict any activity on the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, premises which consent shall not be unreasonably withheld, delayed could cause further damage or conditioned.
(c) If required solely injury as a result of Tenantsuch defect, problem, or needed repair, until such time as proper corrective action can be taken. In the event any repairs are performed by Tenant without Landlord/Agent’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant)verbal or written authorization, Tenant also shall comply withhereby warrants that such activity will be undertaken only if the person performing such repair is competent and qualified to perform it, assuring that the work done is safe and meets all applicable codes and statutes. Tenant warrants that he/she will be accountable for any mishaps, injuries or accidents resulting from such work Tenant performs or causes to be performed by others, and make any repairs and installations required by any applicable law.
(d) Provided that Tenant will hold the Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Spaceproperty and the Landlord's Agents free of liability, Landlord shall not harm, litigation or claims of Tenant or other persons. Under no circumstances is the cost of said repairs to be liable by reason deducted from any installment of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinrent.
Appears in 1 contract
Sources: Lease Agreement
Repairs. The Sublessee shall keep in good order, condition and repair the Subleased Premises (a) Landlord shall perform including, without limitation, the Parking Garages and all maintenance, replacements and repairs necessary to maintain of the roof, load bearing walls (other than paint and wall coveringsimprovements constituting the Subleased Premises), floors (other than carpetingwhether or not the need for such repair occurs as a result of Sublessee's use, tile and similar floor coverings)any prior use, foundations and other structural the elements or the age of such portion of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is neededSubleased Premises. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall makeSublessee shall, at its sole cost and expense, provide all repairs necessary to maintain the Leased Spacemaintenance, including without limitationpreventative maintenance, all repairs and replacements, as necessary, to the Subleased Premises and the Parking Garages, including, but not limited to, the pavement, driveways, lighting, mechanical equipment, fixtures, floor coverings, building interior and exterior walls, structural, roof, ceilings, plumbing, heating, ventilationelectrical and life safety systems installed or furnished by the Sublessee. The Sublessee shall not commit, air conditioning and electrical lines, pipes, fixtures and equipment not expressly or suffer to be maintained committed, any waste in or upon the Subleased Premises. All maintenance, repairs and replacements shall be performed in a manner and level of service consistent with the Shopping Center. All repairs made by Landlord pursuant the Sublessee shall be substantially equal in quality and class to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality original quality 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rentimprovement being repaired. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be promptly and diligently performed and furnished completed. It is clearly intended by Tenant the parties hereto that the City have no obligation, in compliance with all applicable lawsany manner whatsoever, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over to repair or maintain the BuildingSubleased Premises, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, thereon or the Building or Center or to any appurtenances or equipment therein, whether structural or non-structural, all of which obligations are intended to be assumed and performed solely by Sublessee and at Sublessee's sole cost and expense.
Appears in 1 contract
Sources: Sublease Agreement
Repairs. (a) Landlord shall perform all maintenance, replacements Except for ordinary wear and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent as otherwise provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11this Lease, Tenant shall makeor shall cause Landlord to as hereinafter provided, at its all times during the Term hereof, at Tenant's sole cost and expense, keep the Premises in good order, repair and condition as existed beginning on the Commencement Date. Tenant shall promptly arrange with Landlord to have Landlord make repairs of all repairs necessary damage to maintain the Leased SpacePremises (other than damage to movable and removable fixtures, the repair of which may be done by Tenant) and the replacement or repair of all damaged or broken glass (including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipessigns thereon), fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph appurtenances (a) including hardware and shall keep heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Leased Space Premises), with materials equal in quality 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) class to the glass windowsoriginal materials damaged or broken, plate glass doors, and within any fixtures or appurtenances composed reasonable period of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to time specified by Landlord, and provide the amount paid by Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space replacements shall be performed and furnished paid by Tenant in compliance with all applicable lawsand deemed additional Rent reserved under this Lease and shall be due and payable at the same time as the installment of Rent for which it is billed. Landlord may, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent but shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities to enter the Premises at the Leased Space (as opposed all reasonable times to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions improvements or improvements additions, including, but not limited to, ducts and all other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Building, or as Landlord may be required to do by the municipality in which the Building is located or by the order or decree of any court or by any other proper authority. The cost of all repairs made by Landlord to the Leased SpaceProperty which are made necessary as a result of misuse or neglect by Tenant or Tenant's employees, invitees or agents shall be immediately paid as additional Rent by Tenant to Landlord upon being billed for same. Tenant shall not be responsible for repairs of or due to structural defect or repairs to air conditioning, ventilation, mechanical and plumbing equipment in the Building or Center or to any appurtenances or equipment thereinPremises (except if necessitated by Tenant negligence.)
Appears in 1 contract
Repairs. (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 maintenancesecurity requirements reasonably imposed upon the Premises by the Tenant, replacements but nothing contained herein shall require Landlord to incur overtime expenses for any such work. Except as set forth in the preceding paragraph, Tenant shall, commencing on the Commencement Date and repairs necessary 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 roofsame in good order, load bearing walls (other than paint in sanitary and wall coverings)safe condition and repair, floors (other than carpetingand in compliance with all governmental laws, tile and similar floor coverings)ordinances, foundations codes and other structural requirements and all insurance requirements. Those elements of the Premises for which Tenant shall be responsible include, by way of example and not limitation, the following, except as otherwise provided in paragraph (a) above: all repairs and replacements to and maintenance of the Building; provided, howeverits mechanical, that 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 be obligated for assess Tenant any of such repairs until the expiration of a reasonable period of time after written notice that such management or administrative fees in connection with this Lease.
(b) Tenant shall promptly perform any maintenance and make any repair or replacement which Tenant is needed. The cost of same shall be included in the Operating Expenses required to the extent provided in make pursuant to Section 3(a)(iii7.1(a) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality manner and integrity as that being repaired or replaced, and performed and furnished in compliance conformance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, codes and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the insurance requirements. If Landlord is obligated for repairs as provided above or in Section 11, has given notice to Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required need 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, perform such maintenance and any fixtures or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails replacements, and Tenant has failed to diligently prosecute commence to take appropriate actions and/or complete such work (as the same to completion after written notice from Landlord of the need therefore and case may be) within a reasonable time for cureafter receipt of such notice based upon the nature of the work, but, in no event, exceeding thirty (30) days after notice, or thereafter fails to proceed with reasonable diligence to complete such work, Landlord may make may, but shall not be obligated to, complete such repairs at work after prior written notice to Tenant of Landlord's intention to do so. Landlord shall provide Tenant with reasonable documentation evidencing the expense of Tenant reasonable costs and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed expenses incurred by Landlord pertaining theretoin exercising this right of self-help. Without limitation of 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 that any occurrence upon the Premises shall result in a condition imminently threatening to the Premises in the reasonable 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 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 have be entitled to reimbursement from Tenant for the right costs to approve any Landlord of all such curative actions, and all contractors Tenant shall be obligated to pay same within thirty (30) days after receipt of such invoice and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedsupporting documentation from Landlord.
(c) If required solely as a result of Tenant’s particular activities Tenant agrees that it will not commit or permit waste at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, Premises and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs will surrender the Premises in a manner which will keep broom-clean condition at a minimum Landlord’s interference with Tenant’s use and occupancy the expiration of the Leased SpaceLease, Landlord shall not be liable normal wear and tear and loss by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereincasualty excepted.
Appears in 1 contract
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make11.1 Tenant, at its sole cost and expense, shall take good care of, and make all interior non-structural repairs to, the Premises, and all repairs necessary to maintain Tenant's equipment. Landlord shall make all repairs to the Leased Space, including without limitation, exterior of the Premises and all plumbing, repairs to the heating, ventilation, ventilating and air conditioning system installed by Tenant outside the Premises, whether ordinary or extraordinary, at Tenant's sole cost and electrical lines, pipes, fixtures and equipment not expressly expense (except to the extent such repairs are includable in Operating Expenses or Floor Common Area Costs to be maintained paid by Landlord pursuant Tenant as a component of Tenant's Operating Payment), as and when needed to subparagraph (a) preserve the Premises in good working order and shall keep condition and keeping with the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality Class A character of the foregoing, Tenant at its expense is specifically required to make promptly Building and all repairs (not required to be made or paid for by Tenant pursuant to Article 10) required to keep the Premises in compliance with all Legal Requirements and Insurance Requirements and to prevent any disruption of, or adverse effect on, the Building, the Building systems, the quiet enjoyment of other tenants or to prevent any damage to the personal property of other tenants. Tenant shall not be responsible for the costs of any such repairs unless the need therefor arises out of (i) to that portion the performance of any pipes, lines, ducts, wires or conduits existence of improvements made by or at the Building; request of Tenant, any subtenants or any other occupant of the Premises, (ii) to the glass windowsinstallation, plate glass doorsuse or operation of equipment installed therein by or at the request of Tenant, and any fixtures subtenant or appurtenances composed any other occupant of glass and which are located within the Leased Space; Premises (iii) to Tenant’s sign(s); and the moving of any such equipment in or out of the Building or the Premises, (iv) the wrongful acts, omissions, negligence or misuse of or by Tenant, any subtenants or any of its or their employees, agents, contractors, occupants, licensees or invitees or their use or occupancy of the Premises (except fire or other casualty caused by Tenant's negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision), or (v) Legal Requirements or Insurance Requirements with which Tenant is obligated to any heating comply pursuant to the provisions of Section 10.
1. Any such structural repair of the Premises required as a result of clause (i), (ii), (iii), (iv) or air conditioning equipment installed (v) of the immediately preceding sentence shall be performed by Landlord, at Tenant's reasonable expense, and Tenant shall pay for the same, as Additional Rent, within ten (10) business days of its receipt of a bill therefor unless such failure arises from the wrongful actions o▇ ▇▇issions where there is a duty to act, of Landlord or its agents, contractors, employees or representatives and, in which case, Landlord shall only be liable for the portion of the liability attributable to the actions or omissions where there is a duty to act, of Landlord, its agents, contractors, employees or representatives. Tenant, at its sole cost and expense, shall promptly replace or repair scratched, damaged or broken doors and glass in and about the Premises and shall be responsible, for all repairs and maintenance of wall and floor coverings in the BuildingPremises. During Any broken window glass shall be repaired by Landlord at Tenant's reasonable expense, and Tenant shall pay for the Termsame, Tenant as Additional Rent, within ten (10) business days of its receipt of a bill therefor. Tenant, promptly and at its own expense shall keep sole cost and expense, sh▇▇▇ make all non-structural repairs in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable or to the Premises for which it is responsible. In the event Tenant fails to promptly make any repair or alteration required by Tenant to be performed under this Section 11.1, Landlord, at Tenant's sole but reasonable cost and provide Landlord with a copy of expense, shall have the same. If the right after ten (10) days Notice to 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 alterations and a reasonable time Tenant shall pay for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible or alterations, as Additional Rent, within ten (10) business days after its receipt of a bill therefor. All repairs made by or on behalf of Tenant shall be m▇▇▇ in conformity with the provisions of Article 12 and shall be at least equal to the then standards for the Building established by Landlord.
(a) Landlord shall make all necessary repairs to the roof and all structural repairs to the Building. Any such structural or roof repairs occasioned by the acts, omissions, negligence or misuse of or by Tenant or any of its subtenants or any of its or their employees, agents, contractors, occupants, licensees or invitees or their use or occupancy of the Premises shall be made by Landlord at Tenant's expense (subject to the provisions of Article 17). Landlord's repair obligations under this Section 11.2(a) shall exclude, however, (i) repairs of Tenant's personal property or improvements made by or at the request of Tenant (including, without limitation, any Alterations, not occasioned by Landlord's wrongful acts, omissions where there is a duty to act, or negligence) and (ii) repairs which Tenant is obligated to make pursuant to Section 11.1 and the other provisions of this Lease. Landlord shall perform all maintenance of, and promptly after the receipt of a Notice from Tenant of the necessity of repair, make all necessary repairs to, the Building standard HVAC system equipment and any labor performed security and life safety systems or materials famished indevices which may be installed in the Premises by Landlord. Any repairs to the Building standard HVAC system equipment and any security and life safety systems or devices occasioned by the negligent or wrongful acts or omissions or negligence of Tenant or any of its subtenants, on or, its or about the Leased Space their employees, agents, contractors, licensees or invitees, shall be performed by Landlord at Tenant's expense and furnished Tenant shall pay for the same, as Additional Rent, within ten (10) business days of its receipt of a bill therefor. Except for the foregoing repair obligation, Landlord ▇▇▇▇l (subject to the provisions of Article 17) have no liability for the failure of any such Building system, unless such failure arises from the negligent or wrongful acts or omissions (where there is a duty to act) of Landlord or its agent or contractors and in which case Landlord shall only be liable for the portion of the liability attributable to the wrongful actions or omissions (where there is a duty to act) of Landlord, its agents or contractors. The cost of all repairs and maintenance by Landlord hereunder shall be included in Operating Expenses except as may be specifically excluded by Article 5 hereof.
(b) Tenant, at its sole expense, shall operate or cause to be operated and maintained in a first-class manner and consistent with the manufacturer's specifications any air conditioning system and any life safety or security system installed by Tenant and serving the Premises to prevent any adverse effect on any Building system(s). Any maintenance or repair of such air conditioning system and any life safety or security system shall be performed by Landlord upon Tenant's request and at Tenant's reasonable expense and Tenant shall pay for such maintenance and repair, as Additional Rent, within ten (10) business days after Tenant's receipt of an invoice therefor. Landlord reserves the right (i) to make emergency repairs to any such Tenant's system without Notice, at Tenant's expense, which shall be deemed to be Additional Rent and payable within ten (10) business days from Tenant's receipt of an invoice therefor, and (ii) to require changes to be made by Tenant to any such Tenant's system if the operation thereof adversely affects, in compliance with all applicable lawsLandlord's reasonable opinion, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto's systems. Without limitation of the foregoing, Tenant shall have no access to Building systems unless 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 conditionedthereto.
(c) If required solely as a result No liability of Tenant’s particular activities at Landlord to Tenant shall accrue under this Section unless and until Tenant has given Notice to Landlord of the Leased Space (as opposed necessity of any specific repair for which Landlord has agreed to general occupancy thereof by any tenant), Tenant also shall comply withbe responsible under this Lease, and a sufficient time has elapsed in which to make such repair with same not being performed. In no event shall any failure by Landlord to make any such repairs and installations required by give to Tenant any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts right to effectuate its make such repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in except as expressly permitted herein or to the Leased Space, withhold payment of Base Rent or the Building or Center Additional Rent or to offset any appurtenances costs incurred by Tenant against any payment of Base Rent or equipment thereinAdditional Rent.
Appears in 1 contract
Repairs. (a) Tenant shall, at Tenant's own expense, keep the Leased Premises in good order, repair and condition at all times during the Term, and Tenant shall promptly and adequately repair all damage to the Leased Premises and replace or repair all damaged or broken fixtures and appurtenances under the supervision and subject to the approval of Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for within any of such repairs until the expiration of a reasonable period of time after written notice that such repair is neededspecified by Landlord. The cost of same shall be included in the Operating Expenses In addition, Tenant shall, at Tenant's expense, make all repairs, installations and additions to the extent provided in Section 3(a)(iii) unless the necessity for Leased Premises as may be required by any law, ordinance, regulation or ruling of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies authority having jurisdiction over the BuildingLeased Premises, which is enacted after the Commencement Date or is specific to the use to which Tenant puts the Leased Premises. If Tenant does not do so, Landlord may, but need not, make any repairs, replacements, installations, and additions which Tenant is obligated to make and Tenant shall pay Landlord the requirements cost thereof, forthwith upon being billed for same. Landlord may also make repairs, installations and additions to or in the Leased Premises as Landlord shall desire or deem necessary, or as Landlord may be required to do by governmental authority or court order or decree. No such entry or repairs by Landlord shall be deemed or construed to be a disturbance of Tenant's quiet or peaceable possession of the Leased Premises or of any board rights of underwriters having jurisdiction thereof.
(b) Except as the Tenant under this Lease. Landlord is obligated for repairs as provided above or in Section 11may, Tenant but shall makenot be required to, at its sole cost and expense, all repairs necessary to maintain enter the Leased Space, including without limitation, Premises at all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects reasonable times to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairsinstallations, alterations, improvements and additions or improvements in to the Leased Premises or to the Leased Space, or the Building or Center or to any appurtenances equipment located in the Building as Landlord shall desire or equipment thereindeem necessary.
Appears in 1 contract
Sources: Lease Agreement (Privatebancorp Inc)
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11herein, Tenant shall makeshall, at its sole cost and expense, all repairs necessary to maintain take good care of the Leased SpacePremises and the fixtures and appurtenances therein (including, including without limitation, bathroom and plumbing fixtures and appurtenances) and make all repairs thereto as and when needed to preserve them in good working order and condition and maintain the Premises in a condition consistent with comparable buildings. Tenant, at its sole cost and expense, shall promptly replace all damaged or broken doors and glass in and about the Premises. All damage or injury to the Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by or which arises out of (i) Tenant moving property in or out of the Building, or (ii) Tenant's installation or removal of furniture, fixtures or other property, or (iii) the performance or existence of any Alterations performed in the Premises by or on behalf of Tenant or anyone claiming possession through Tenant or (iv) Tenant's installation, use or operation of Tenant's property in the Premises or (v) from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct or other cause on the part of Tenant, its servants, employees, agents, visitors, or licensees, shall be repaired, restored or replaced promptly at Tenant's sole cost and expense to the reasonable satisfaction of Landlord. Any repairs required to be made by Tenant to the mechanical, electrical, plumbing, sanitary, heating, ventilationventilating, air conditioning air-conditioning, fire safety or other systems of the Building shall be performed only by contractor(s) designated by Landlord. Any other repairs in or to the Building and electrical lines, pipes, fixtures the facilities and equipment not expressly to systems for which Tenant is responsible may be maintained performed by Landlord pursuant at Tenant's expense and may be charged to subparagraph (a) Tenant as additional rent in the event Tenant fails to perform such repairs; All repairs, restorations and replacements made by Tenant shall be in quality and class equal to the original work or installations and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality be of the foregoing, Tenant a quality 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) least comparable 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 quality installed in the Building. During the Term, If Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects fails to make such repairs repairs, restoration or fails to diligently prosecute the replacements, same to completion after written notice from may be made by 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 additional rent and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished paid by Tenant within thirty (30) days after rendition of a ▇▇▇▇ therefor.
(a) Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area that such floor was designed to carry and that is allowed by law. If Tenant shall desire a floor load in compliance excess of that which such floor was designed to carry and which is allowed by law, Tenant shall submit plans and specifications for such floor load to Landlord for Landlord's review and approval. Tenant shall pay all actual out-of-pocket costs and expenses incurred by Landlord in connection with all applicable lawsits review of Tenant's plans and specifications.
(b) Landlord shall not unreasonably withhold or delay its consent to Tenant's request to strengthen and reinforce the floor to provide the live load desired so long as Landlord's architects and engineers, regulationsin their sole discretion, ordinances and requirements find that the work necessary to increase such floor load (i) does not affect adversely the structure of duly constituted authorities having jurisdiction over the Building, (ii) will not interfere with the requirements amount or availability of any board space adjoining alongside, above or below the Premises, (iii) will not interfere with the occupancy of underwriters having jurisdiction thereofother tenants in the Building and (iv) may be accomplished without disturbing the load-bearing columns, walls or configuration of the Building. Tenant's plans and specifications shall also provide for the restoration of the floor to its condition prior to such requested strengthening and reinforcement. Tenant shall agree to pay for or reimburse Landlord on demand for the reasonable cost of such strengthening and reinforcement and for the reasonable cost of restoration of the floor to its condition prior to such strengthening and reinforcement, as well as any other reasonable regulations imposed costs to and reasonable expenses of Landlord occasioned by or resulting from such strengthening or reinforcement.
6.3 Business machines and mechanical equipment used by Tenant that cause excess vibration, beyond what is typical for similar office space, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord pertaining theretoor to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. Without limitation Tenant acknowledges that the operation of elevators, air-conditioning and heating equipment will cause some vibration, noise, heat or cold that may be transmitted to other parts of the foregoing, Building and Premises and Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs minimize same.
6.4 Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a manner which will keep at a minimum Landlord’s interference with Tenant’s use diminution of rental value and occupancy no liability on the part of the Leased Space, Landlord shall not be liable by reason of any inconvenience, annoyance or injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or any portion of the Building or Center the Premises or in or to any fixtures, appurtenances or equipment thereinthereof, including the erection or operation of a ▇▇▇▇▇, ▇▇▇▇▇▇▇ or sidewalk shed. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations and shall exercise reasonable diligence not to block Tenant's windows (except due to or as a result of a Legal Requirement or Landlord's necessary work, maintenance or repairs to the Building), but shall not be required to perform the same on an overtime or premium pay basis.
6.5 Tenant will not clean, nor require, permit, suffer or allow any window in the Premises to be cleaned from the outside in violation of Section 202 of the Labor Law or any other applicable Legal Requirement.
Appears in 1 contract
Repairs. (a) Landlord Borrower, at its expense and without the prior consent of Lender, shall perform maintain the Property (including without limitation, for furniture, fixtures and equipment), and every portion thereof, and all maintenanceprivate roadways, replacements sidewalks and curbs appurtenant to the Property, and which are under Borrower’s control in good order and repair whether or not the need for such repairs occurs as a result of Borrower’s use, any prior use, the elements or the age of the Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the Closing Date. All repairs shall be at least equivalent in quality to the original work. Borrower will not take or omit to take any action the taking or omission of which would reasonably be expected to materially impair the value or the usefulness of the Property or any part thereof or any capital improvement thereto for its primary intended use.
(b) Borrower and the Master Tenant shall collectively spend, in each calendar quarter with respect to the Facilities, the Property, the “Tenant’s Property” (as defined in the Master Lease) and all assets used in connection with the Property, an aggregate amount of at least 1% of the “Net Revenue” from the Facilities and the Property for such calendar year on installation or restoration and repair or other improvement of items, which installations, restorations and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements improvements are capitalized in accordance with GAAP with an expected life of not less than three (3) years. As used in this Section 5.1.25, “Net Revenue” shall have the Buildingmeaning set forth in the Master Lease as in effect on the date hereof; provided, however, the Borrower shall be deemed a “Tenant” and the Property shall be deemed a “Facility” with respect to such definition. Borrower shall provide to Lender, following the end of each calendar quarter, evidence satisfactory to Lender, in the reasonable exercise of Lender’s discretion, that Landlord shall the foregoing covenant in this Section 5.1.25 has been satisfied. If Borrower fails to provide evidence to Lender within sixty (60) days after written demand from Lender that the foregoing covenant has not be obligated for any of such repairs until the expiration been complied with, or Lender’s written approval, in its reasonable discretion, of a reasonable period of time after written notice that repair and maintenance program satisfactory to cure such repair is needed. The cost of deficiency, the same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any deemed an Event of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereofDefault.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Repairs. (a) Tenant shall give to Landlord shall perform all maintenanceprompt written notice of any damage to, replacements and repairs necessary to maintain or defective condition in the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements Building structure or in any part or appurtenance of the Building; provided's plumbing, howeverelectrical, heating, air-conditioning, ventilation, sprinkler, elevator or other systems serving, located in, or passing through the Premises. Subject to the provisions of this Section 12, Tenant snall, at Tenant's own expense, keep the Premises in good order, condition and repair during the term, except that Landlord, at Landlord's expense (unless caused by the fault or negligence of Tenant, its contractors, agents, or employees in which case Tenant shall pay Landlord for any deductible and any cost. which either exceeds insurance proceeds Landlord receives or which is no~ covered under Landlord's insurance policy in respect of such damage) shall keep in repair and maintain the exterior of the Building, the electrical, heating, air-conditioning, ventilation, sprinkler, elevator or other systems serving, located in or passing through the Premises, plumbing fixtures located in the Building (except those installed by Tenant with Landlord's approval), outside walls, including windows, loadbearing walls (except as to surface damage done by or attributable to Tenant) and doors and roof. Tenant, at Tenant's expense, shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a condition which has been created by, or at the instance of, Tenant, or is required by reason of a breach of any of Tenant's covenants and agreements hereunder. Landlord shall not be obligated for required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included any panels, decoration, office fIXtures, railing, ceiling, floor covering, partitions, or any other property installed in the Operating Expenses to Premises by Tenant unless such injury or damage is a direct result of negligence on the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct part of Landlord or its contractors, agents or employees, in which case such cost shall and Tenant is not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor reimbursed for such repairs, which consent shall not be unreasonably withheld, delayed injury or conditioneddamage from insurance proceeds.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Lease Agreement (X Ramp Com Inc)
Repairs. (a) Landlord Tenant shall perform at all maintenancetimes, replacements at its own expense, keep and repairs necessary to maintain the roofPremises, load bearing walls (other than paint its fixtures, furnishings, equipment and wall coverings)decorations in good order, floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses condition and repair required for the proper conduct of its business. Tenant shall make all necessary repairs and replacements to the extent provided Premises, as and when needed to preserve the Premises in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful good working order and wanton misconduct of Landlord or its employeescondition, in which case such cost shall not be included as part accordance with and subject to the provisions of Section 9 of this Lease. All damage or injury to the Operating Expenses but shall be paid by Landlord (without prejudice Premises and to Landlord’s right its fixtures, appurtenances or equipment or to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, or to its fixtures, appurtenances or equipment caused by Tenant shall be repaired, restored, or replaced promptly by Tenant, subject to the provisions of Section 9, at Tenant's sole cost and expense. All repairs, restorations, and replacements shall be in quality and type, at least equal to the requirements of any board of underwriters having jurisdiction thereoforiginal work or installations.
(b) Except Landlord shall keep the exterior walls, load bearing elements, foundations, pipes and conduits, roof and common areas that form a part of the Building and the building standard mechanical, electrical (including building standard light fixtures and building standard light bulbs), HVAC and plumbing systems that are provided by Landlord in the operation of the Building, clean and in good operating condition and shall make all required repairs thereto. Notwithstanding any of the foregoing to the contrary, maintenance and repair of special tenant areas , facilities, finishes and equipment (including, but not limited to, any special fire protection equipment, telecommunications and computer equipment, kitchen/galley/coffee equipment, supplementary air-conditioning equipment (including, but not limited to, the computer room HVAC unit) and all other furniture, furnishings and equipment of Tenant and any Alterations (as hereinafter defined) made by Tenant) shall be the sole responsibility of Tenant. Landlord is obligated for repairs as provided above or in Section 11, Tenant shall makemay, at its option and at the sole cost and expenseexpense of Tenant, all repairs necessary make any repair or replacement which Tenant is obligated 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 make pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or conduits at the Building; (ii) to the glass windows, plate glass doorsabove, and any fixtures or appurtenances composed of glass and which are located within the Leased Space; (iii) after due notice Tenant refuses to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlordmake, and provide Landlord with a copy of Tenant shall pay the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairscost hereof, which consent shall not be unreasonably withheldinclude an administrative fee of fifteen percent (15%) , delayed or conditionedto Landlord upon demand. Landlord's sole obligation is to maintain the roof, structural walls and existing mechanical and electrical equipment in "as is" condition.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Lease (Best Software Inc)
Repairs. In furtherance of clause (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpetingthe Borrower shall diligently make or cause to be made all needful and proper repairs, tile renewals and similar floor coverings)replacements thereto whether interior or exterior, foundations structural or non-structural, ordinary or extraordinary, or foreseen or unforeseen. All such repairs, renewals and other structural elements replacements shall be at least equal in quality, value and class to that of the Building; provided, however, that Landlord shall not be obligated for any improvements which are the subject of such repairs, renewals and replacements. All repairs until and alterations at the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same Premises, including, without limitation, Significant Repairs and Improvements, the Renovation Capital Expenditures and Maintenance Capital Expenditures, shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed done in a good and workmanlike mannermanner and shall be completed substantially in accordance with all Legal Requirements and free and clear of Liens (other than Permitted Liens) or claims for materials supplied or for labor or services performed in connection with such repairs and alterations or otherwise. Prior to commencement of any Significant Repair or Improvement or Renovation Capital Expenditure, using only materials which for purposes of clauses (i) and (ii) below shall be limited to Renovation Capital Expenditures that are for construction on the Premises, all of the following requirements and conditions shall be satisfied:
(i) The Agent (acting at least the same quality reasonable direction of the Required Lenders (such Required Lenders shall make any such determination referred to in this Section)) shall have determined that (x) the Borrower has the financial resources to complete the Significant Repair or Improvement (except for Renovation Capital Expenditures) on a timely and integrity as that being repaired lien-free basis, other than Permitted Liens, (y) the Renovation Capital Expenditures can be completed on or replacedbefore the Third Renovation Capital Expenditure Date or other period requested by the Borrower and approved by the Agent (acting upon the reasonable direction of the Required Lenders), and performed (z) any other Significant Repair or Improvement can be completed prior to the Termination Date;
(ii) If reasonably requested by the Agent, the Agent shall have received architectural or engineering plans and furnished specifications for the Renovation Capital Expenditures and any other Significant Repair or Improvement and an estimate of the costs and expenses of such Renovation Capital Expenditures and any other Significant Repair or Improvement;
(iii) If requested by Agent, Agent shall have received copies of the agreements pursuant to which the Renovation Capital Expenditures and any other Significant Repair or Improvement shall be done and the identities of the parties performing the construction obligations thereunder;
(iv) Agent shall have received the assignment to the Agent of all construction and design-professional contracts pursuant to the Mortgage and the Assignment of Contract, together with the written consent to such assignments by all parties to such contracts (which may be included in any such contract), all of which shall be in form and substance reasonably satisfactory to the Agent (acting upon the reasonable direction of the Required Lenders); and
(v) Agent shall have received such other information and documentation as Agent may reasonably request regarding the Renovation Capital Expenditures and any other Significant Improvement and Repair and the restoration or repairs and the cost thereof. The Borrower shall not undertake to construct (i) any Renovation Capital Expenditures and any other Significant Repair or Improvement except in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Buildingthis Section 7.18(b) hereof, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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) with respect to any heating or air conditioning equipment installed in the Building. During the TermRenovation Capital Expenditures, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant also in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedSection 4.3(b).
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Repairs. (a) Landlord shall perform all maintenancenot be required to make any repairs or improvements of any kind upon or to the Premises, replacements except for necessary structural maintenance and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings)walls, floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any Building of such which the Premises forms a part and repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to utilities providing service from off-site to the extent provided in Section 3(a)(iii) Building, unless the necessity for any of the foregoing arises from the gross such repairs shall have been occasioned by any action, omission to act or negligence of Tenant, its assignees, subtenants, invitees, concessionaires or wilful and wanton misconduct of Landlord licensees, or its their respective employees, agents, or contractors, in which case event Tenant agrees to make such repairs, at Tenant's own cost and expense. Landlord shall not be included as part required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of the Operating Expenses but an emergency, shall be paid by in writing and shall allow Landlord (without prejudice a reasonable time in which to Landlord’s right to recover same from the responsible party)commence and complete such repair. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall use reasonable efforts to do said repair work with minimum inconvenience, annoyance, disturbance or loss of business to Tenant, as may be performed reasonably possible under the circumstances consistent with accepted construction practice in a good the vicinity; and workmanlike mannerso that such work shall be expeditiously completed, using only materials of at least but in no event shall Landlord be required to incur any additional expenses for work to be done during hours or days other than regular business hours and days. Tenant shall be responsible for repairs to the same quality HVAC, plumbing and integrity as that being repaired or replacedelectrical systems, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereoffor improvements made by Tenant.
(b) Except as Subject to the Landlord is obligated for repairs as provided above or in Section 11provisions of subsection (a) of this Paragraph, Tenant shall make, agrees at its sole Tenant's own cost and expenseexpense to keep and maintain the Premises including the build out improvements and each and every part thereof in good repair, order and condition and to make all repairs necessary and replacements thereto, and to maintain the Leased Spacefixtures and equipment therein and the appurtenances thereto, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to interior walls, partitions and the lighting, electrical, heating, air conditioning, plumbing, and sewerage systems, equipment, fixtures and facilities within and serving the Premises, and the floor slab and that portion of any pipes, lines, ducts, wires or conduits at the Building; (ii) to the glass windowsinstalled by Landlord or Tenant contained under, plate glass doorsabove or within, and any fixtures exclusively serving, the Premises. Tenant shall keep and maintain the Premises in a first-class and attractive condition throughout the Lease Term. Tenant shall replace all damaged or appurtenances composed broken glass with glass of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating equal quality with that broken or air conditioning equipment installed damaged, except in the Building. During case of damage or destruction by fire or other insurable casualty or by eminent domain, the Term, obligations of Landlord and Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible controlled as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedhereinafter provided.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Repairs. (a) Tenant shall give to Landlord shall perform all maintenanceprompt written notice of any damage to, replacements and repairs necessary to maintain or defective condition in the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements Building structure or in any part or appurtenance of the Building; provided’s plumbing, howeverelectrical, heating, air-conditioning, ventilation, sprinkler, elevator or other systems serving, located in, or passing through the Premises. Subject to the provisions of this Section 12, Tenant shall, at Tenant’s own expense, keep the Premises in good order, condition and repair during the term, except that Landlord, at Landlord’s expense (unless caused by the fault or negligence of Tenant, its contractors, agents, or employees in which case Tenant shall pay Landlord for any deductible and any cost which either exceeds insurance proceeds Landlord receives or which is not covered under Landlord’s insurance policy in respect of such damage) shall keep in repair and maintain the exterior of the Building, the electrical, heating, air-conditioning, ventilation, sprinkler, elevator or other systems serving, located in or passing through the Premises, plumbing fixtures located in the Building (except those installed by Tenant with Landlord’s approval), outside walls, including windows, loadbearing walls (except as to surface damage done by or attributable to Tenant) and doors and roof. Tenant, at Tenant’s expense, shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to Tenant’s use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a condition which has been created by, or at the instance of, Tenant, or is required by reason of a breach of any of Tenant’s covenants and agreements hereunder. Landlord shall not be obligated for required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included any panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or any other property installed in the Operating Expenses to Premises by Tenant unless such injury or damage is a direct result of negligence on the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct part of Landlord or its contractors, agents or employees, in which case such cost shall and Tenant is not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor reimbursed for such repairs, which consent shall not be unreasonably withheld, delayed injury or conditioneddamage from insurance proceeds.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Repairs. (a) Landlord SECTION 14.01 Lessee shall perform keep the Premises and the fixtures and appurtenances therein in good order and condition at its sole cost and expense and shall make all maintenancerepairs thereto caused by the negligence, replacements misfeasance or malfeasance of Lessee, its employees, guests, contractors and invitees, or by its use of the Premises, or any part thereof, in a manner not customary for the purposes permitted hereunder, or which are not Lessor's obligations pursuant to any provisions of this Lease, and shall commit no waste in the Premises or the Building.
SECTION 14.02 Lessor shall make all repairs necessary to maintain the roofplumbing, load bearing walls heating, air conditioning and electrical systems, windows, floors, roof and structure, and all other items which were installed or furnished by Lessor, except repairs of.
(other than paint and wall coverings), floors a) such installations which Lessee was obligated to make;
(other than carpeting, tile and similar floor coverings), foundations b) such installations made at Lessee's request; and
(c) trade fixtures and other structural elements of the Building; providedproperty belonging to Lessee. However, however, that Landlord Lessor shall not be obligated for any of such repairs until the expiration of a reasonable period of time after receipt of written notice from Lessee that such repair is repairs are needed. The cost of same shall be included , unless such repairs are needed in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any common areas of the foregoing arises building, in which case Lessor's obligation to repair without need for notice from Lessee. In no event shall Lessor be obligated under this Article to repair any damage caused by any act, omission or negligence of the gross negligence or wilful and wanton misconduct of Landlord Lessee or its employees, in which case such cost shall not be included as part of the Operating Expenses but agents, invitees, licensees, subtenants, contractors, subcontractors or assignees.
SECTION 14.03 All repairs, restorations or replacements by either party shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs of first class quality and any labor performed or materials furnished by or upon the direction of Landlord shall be performed done in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense There shall be collectible as Additional Rent. Any such repairs no allowance to Lessee or diminution of Rent and any labor performed or materials famished in, no liability on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements part of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable Lessor by reason of any inconvenience, annoyance or injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions additions, substitutions or improvements in or to the Leased Space, or any portion of the Building or Center the Premises or in and to any the fixtures, appurtenances and equipment thereof provided that in. each case such repairs, alterations, additions, substitutions or equipment thereinimprovements are effected in a manner which does not cause unreasonable inconvenience to Lessee and provided further that in each case all work done in connection with such repairs, alterations, additions, substitutions or improvements is done promptly in a good and workmanlike manner. This provision shall not be construed as to require Lessor to pay overtime but Lessee shall pay the excess of the overtime cost over ordinary rates.
Appears in 1 contract
Sources: Office Lease (Nomos Corp)
Repairs. (a) Landlord shall perform all maintenance, replacements From and repairs necessary to maintain after the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements date that possession of the Premises is delivered to the Tenant and until the end of the Lease Term, the Tenant shall keep the Premises and every part thereof in good order, condition and repair, reasonable wear and tear and damage by unavoidable casualty only excepted; and the Tenant shall surrender the Premises at the end of the Lease Term in such condition. Except as may be provided in Articles XIII and XIV, the Landlord agrees to keep in good order, condition and repair the structural and exterior portions of the Building and the common areas and facilities and common equipment in the Building; provided, howeverexcept any condition caused by any act, that omission or neglect of the Tenant or any contractor of the Tenant or any party for whose conduct the Tenant is responsible. Without limitation, the Landlord shall not be obligated for responsible to make any of such improvements or repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent other than as expressly provided in Section 3(a)(iii) unless this Section, and the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part liable for any failure to make such repairs unless the Tenant has given notice to the Landlord of the Operating Expenses but need to make such repairs and the Landlord has failed to commence to make such repairs within a reasonable time thereafter. In addition to the requirements of Section 3.4 herein, whenever the Tenant shall make repairs, alterations, decorations, additions, removals, or improvements (including the installation of any equipment other than normal light business office equipment) in or to the Premises:
(a) No material or equipment shall be paid by Landlord (without prejudice incorporated in or added to Landlord’s right the Premises in connection with any such repair, alteration, decoration, addition, removal or improvement which is subject to recover same from the responsible party)or claimed to be subject to any lien, charge, mortgage, or other encumbrance of any kind whatsoever or is subject to any security interest or any form of title retention agreement. Any such maintenancemechanic's or materialmen's lien filed against the Premises or the Building for work claimed to have been done for, replacements or repairs and any labor performed or materials claimed to have been furnished to the Tenant, shall be immediately discharged by the Tenant, at the Tenant's expense, by filing the bond required by law or otherwise. If the Tenant fails so to discharge any lien, the Landlord may do so at the Tenant's expense and the Tenant shall reimburse the Landlord for all expenses and costs incurred by the Landlord in so doing immediately after rendition of a bill ▇▇▇refor by the Landlord to the Tenant.
(b) All installations or work done by or upon for the direction of Landlord Tenant shall be performed at its own expense and shall at all times comply with (i) laws, rules, orders and regulations of governmental authorities having jurisdiction thereof; (ii) orders and regulations of any Board of Fire Underwriters, or any other body hereafter constituted exercising similar functions, and governing insurance rating bureaus; (iii) plans and specifications (which shall be prepared by and at the expense of the Tenant) theretofore submitted to and approved in writing by the Landlord.
(c) The Tenant shall procure all necessary permits before undertaking any work in the Premises and shall do all such work in a good and workmanlike manner, using only employing new materials of at least the same first class quality and integrity as that being repaired shall defend, save harmless, exonerate and indemnify the Landlord from all injury, loss or replaced, damage to any person or property occasioned by such work. The Tenant shall cause contractors employed by the Tenant to carry and performed and furnished maintain in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over force during the Building, and the requirements continuance of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated work being performed for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make Worker's Compensation Insurance in accordance with statutory requirements and Comprehensive Public Liability Insurance and Automobile Liability Insurance covering such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, contractors on or about the Leased Space shall be performed Premises in amounts reasonably acceptable to the Landlord and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements to submit certificates evidencing such coverage to the Landlord prior to the commencement of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable lawwork.
(d) Provided that Landlord The Tenant shall exercise reasonable efforts to effectuate its repairs in a manner which will keep not, at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury time prior to or interference during the Term of this Lease, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with Tenant’s business arising from any repair work or the making of any repairsalteration, alterations, improvements or additions or improvements otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or to the Leased Space, or operation of the Building by the Landlord, Tenant or Center others. In the event of any such interference or conflict, the Tenant, upon demand of the Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to any appurtenances or equipment thereinleave the Building immediately.
Appears in 1 contract
Sources: Lease (Industrial Imaging Corp)
Repairs. (a) Landlord Tenant shall perform make all maintenance, replacements and necessary repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replacedPremises, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over to the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical linessystems located therein. Tenant shall also make all repairs to the Premises which are structural in nature or are required due to fire, pipes, fixtures casualty or other act of God. Tenant's obligations for repair of the Premises include both the interior and equipment not expressly exterior of the Premises. Obligations include the responsibility to be maintained by Landlord pursuant to subparagraph (a) and shall keep maintain the Leased Space air conditioning system 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereofroof, as well as any reasonable regulations imposed by Landlord pertaining theretothe landscaping and irrigation system. Without limitation Obligations to maintain include the obligations to replace items, including but not limited to, air conditioning units, the roof, and/or the asphalt of the foregoingparking if necessary because of damage and/or reasonable wear and tear during the term of this Lease. Except as provided above, Tenant shall keep the Premises in good repair, and Tenant shall, upon the expiration of the term of this Lease and any exercised options of this Lease, yield and deliver up the Premises in like condition as when taken, reasonable wear and tear thereof and repairs required to be made by Tenant and/or Landlord excepted. In the event that the Landlord shall have be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the right to approve any and all contractors and suppliers who furnish materials and labor for such repairsPremises or the property thereunder, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as unless the same is a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant)'s act, neglect, default or mode of operation, in which event Tenant also shall comply withmake all such repairs, alterations and improvements, then Landlord shall immediately notify Tenant of such governmental requirement, and Tenant shall make any such repair with reasonable dispatch. Tenant shall, at its own cost and expense, make all repairs and installations required by provide all maintenance in connection with any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements made by Tenant pursuant to authority herein in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinthis Lease.
Appears in 1 contract
Sources: Commercial Lease Agreement (Sun Community Bancorp LTD)
Repairs. (a) Landlord Tenant shall perform all maintenance, replacements and repairs necessary to maintain the roofLeased Premises in good condition and repair, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall makeresponsible, at its sole cost and expense, for all interior maintenance and repair of the Leased Premises, including without limitation all interior and mechanical repairs, and all equipment, utilities and systems at or within the Leased Premises and all exterior maintenance and repair. Tenant shall promptly make any and all necessary repairs required hereunder at its sole cost and expense, provide however that for any repairs or replacements required to be made by Tenant to the mechanical, electrical, sanitary, ventilating, air conditioning or other systems of the Leased Premises, or which may affect the Resort or the exterior or interior structure of any building thereat, Tenant shall first provide notice to and obtain written consent from Landlord as to the work, contractor and materials. If Tenant fails to make any necessary repairs required hereunder, or to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein Premises 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 least as good condition as 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cureEffective Date, Landlord may make any such repairs at the required hereunder and collect all expense of Tenant and such expense shall be collectible therefor as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about Notwithstanding anything to the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoingcontrary stated herein, Landlord shall have reserves the right to approve install, erect, use, maintain, alter or repair the Leased Premises in any and all contractors and suppliers who furnish materials and labor for such repairsmanner as it may deem necessary or reasonable, which consent except that the same shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference interfere with Tenant’s 's use and occupancy enjoyment of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from Premises for the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinpurposes provided herein.
Appears in 1 contract
Sources: Assignment of Lease Agreement (Kisses From Italy, Inc.)
Repairs. (a) Landlord Section 5.01. Tenant shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements take good care of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall makeDemised Premises and, at its Tenant’s sole cost and expense, shall make all repairs necessary and replacements, structural and otherwise, as and when needed to maintain preserve the Leased SpaceDemised Premises in good working order and condition, including without limitationexcept that Tenant shall not be required to make any such structural repairs or structural replacements to the Demised Premises unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Without affecting Tenant’s obligations set forth in the preceding sentence, Tenant, at Tenant’s sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant’s Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant (except if due to any defect or mistake in work performed by Landlord and discovered within one (1) year of installation of such work) and (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air conditioning equipment (except Base Building HVAC), private elevators, escalators, conveyors or mechanical systems which may be installed in the Demised Premises by Landlord, Tenant or others (except if due to any defect or mistake in work performed by Landlord and discovered within one (1) year of installation of such work). However, the provisions of the foregoing sentence shall not be deemed to give to Tenant any right to install air conditioning equipment, elevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with, and subject to the provisions of the third (3rd) sentence of Section 3.01 and shall be at least equal in quality and class to the original work or installation. Without limiting or waiving Landlord’s rights and remedies against Tenant for its failure to comply with its obligations under this Lease, Landlord shall operate, maintain, replace (if necessary) and repair (both structural and nonstructural) the structural slabs constituting the core floors and ceilings, structural columns, public portions of the Building, exterior walls, all plumbing, exterior windows and the mechanical (including Base Building heating, ventilation, ventilation and air conditioning [but as to the Demised Premises, only within the mechanical room, if applicable]), electrical, elevator, plumbing (including water and electrical waste lines), pipeslife safety, fixtures steam and equipment not expressly other service systems of the Building serving space in the Building generally (the “Building Systems”), to be maintained by a standard similar to that of comparable Class A office buildings in the Borough of Manhattan. In addition, Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality common areas of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) Building clean and well lighted in a standard similar 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 comparable Class A office buildings in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy Borough of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedManhattan.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Lease Agreement (Majesco)
Repairs. Tenant will at its own expense and subject to the provisions of this Lease, keep the Premises in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Premises (aexcept for reasonable wear and tear and as otherwise provided in this Lease) Landlord shall perform and replace or repair all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls damaged or broken glass (other than paint and wall coveringsincluding signs thereon), floors (other than carpetingfixtures and appurtenances, tile under the direct supervision and similar floor coverings)with the approval of Landlord, foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for within any of such repairs until the expiration of a reasonable period of time after written notice that specified by landlord. If Tenant does not do so, or at Landlord’s election, Landlord may, but need not, make such repair is needed. The repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord’s overhead and profit and the cost of same general conditions) shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful deemed additional rent reserved under this Lease due and wanton misconduct of payable forthwith. Landlord or its employeesmay, in which case such cost but shall not be included as part of required so to do, enter the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of Premises at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects reasonable times to make such repairs or fails alterations, improvements and additions, including but not limited to diligently prosecute ducts and all other facilities for air conditioning service, as Landlord shall desire or deem necessary for the same to completion after written notice from Landlord safety, preservation or improvement of the need therefore and a reasonable time for cure, Landlord may make such repairs at Premises or the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and Building or any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant equipment located in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, or as Landlord may be required to do by the requirements Village of Bloomingdale or by the order or decree of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed court 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 other governmental authority. In the event Landlord or its agents or contractors shall comply with, and elect or be required to make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, improvements or additions or improvements in or to the Leased Space, Premises or the Building or Center any equipment located in 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 space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages to Tenant’s property, business or person, and the rent reserved herein shall in no way a▇▇▇▇ while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any appurtenances set-off or equipment thereincounterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, but if Tenant desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom.
Appears in 1 contract
Repairs. (a) Tenant shall give to Landlord shall perform all maintenanceprompt written notice of any damage to, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements or defective condition in any part or appurtenance of the Building; provided's plumbing, howeverelectrical, heating, air-conditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of this Section 20, the Tenant shall, at the Tenant's own expense, keep the Premises in good order, condition and repair during the Term, except that the Landlord, at the Landlord's expense (unless caused by the fault or negligence of the Tenant, its contractors, agents, or employees) shall keep in repair the elevators, electrical lines, plumbing fixtures located in the Building (except those installed by Tenant) heating and air-conditioning equipment, outside walls, including windows, and roof. The Tenant at the Tenant's expense, shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to the Tenant's use thereof, except that the Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a 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 obligated for required to repair any of such injury or damage by fire or other cause, or to make any repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 other property installed in the Building. During Premises by the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedTenant.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Lease Agreement (Matrix Bancorp Inc)
Repairs. (a) Landlord shall perform Subject to the terms and provisions of Paragraph 16 hereof, Tenant shall, at Tenant's own expense, keep the premises in good order, condition and repair during the term, including the replacement of all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements broken glass with glass of the Building; providedsame size and quality, howeverunder the supervision and with the approval of Landlord. If tenant does not make repairs promptly and adequately, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employeesmay, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenanceneed not, replacements or make repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall makepay promptly the reasonable cost thereof. At any time or times, Landlord, either voluntarily or pursuant to government requirement, may, at its sole cost and Landlord's own expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions alterations or improvements in or to the Leased Spacepremises or any part thereof, and, during operations, may close entrances, doors, corridors, elevator or other facilities, all without any liability to Tenant by reason of interference, inconvenience or annoyance. Landlord shall not be liable to tenant for any expense, injury, loss or damage resulting from work done in or upon, or the Building use of any adjacent or Center nearby building, land, street or alley. Tenant shall pay Landlord for overtime and for other expense incurred in the event repairs, alterations, decorating or other work in the premises are not made during ordinary business hours at Tenant's request. The foregoing provisions of this Paragraph 15 are subject to any appurtenances this qualification: Tenant's obligation to replace broken glass shall be limited to instances in which the breakage is caused by Tenant, Tenant's employees or equipment thereinother persons under the control or supervision of Tenant. Notwithstanding the provisions above, Landlord shall repair and maintain the structural portions of the building, including basic plumbing, heating, air conditioning, ventilation and electrical systems.
Appears in 1 contract
Repairs. (a) Landlord shall perform Any individual repair up to $100 needs no authorization from Apollo and all maintenance, replacements and repairs that is necessary for full reimbursement to maintain You from Apollo is a proper receipt for the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements amount of the Building; provided, however, that Landlord shall repairs. If any individual repair is more than $100 then You must notify ▇▇▇▇▇▇ and obtain ▇▇▇▇▇▇’s consent before the repairs are carried out. Any repair work for which You take the Vehicle must be performed by an authorized provider in accordance with the manufacture’s warranty. If the Vehicle cannot be obligated driven as a result of a breakdown, ▇▇▇▇▇▇ will only reimburse You for the time that the Vehicle was not available for use. Subject to availability, Apollo will provide a replacement vehicle. However, any cost incurred in you travelling to an Apollo depot is Your responsibility. The failure of accessories such as air-conditioners, generators, hot water systems, awnings, rear vision cameras, televisions, microwaves, stove and grill, water pump, camping kit items, shower and toilet, refrigerators and radio/cassettes/CD/DVD/ Video Players are not considered a breakdown and no amount will be paid by Apollo to You. ▇▇▇▇▇▇ is not responsible for any accommodation charges, meals, change of such repairs until the expiration itinerary or out of a any kind or nature (including, without limitation, reasonable period attorneys’ fees) arising from or relating to: (i) any breach of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iiithis Agreement by You, or (ii) unless the necessity for any of the foregoing arises from the gross Your negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part misconduct. At all times during the rental of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenanceVehicle, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance You must comply with all applicable laws, rules, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Buildingordinances, codes and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11like, Tenant shall makeincluding, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbingany park or campground rules. IN NO EVENT SHALL APOLLO, heatingITS OFFICERS, ventilationDIRECTORS, air conditioning and electrical linesSHAREHOLDERS, pipesMEMBERS, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoingMANAGERS, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipesEMPLOYEES, linesOR AGENTS BE LIABLE FOR CONSEQUENTIAL, ductsSPECIAL, wires or conduits at the Building; (ii) to the glass windowsINDIRECT OR INCIDENTAL DAMAGES, plate glass doorsINCLUDING, 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 TermWITHOUT LIMITATION, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to LandlordLOST PROFITS, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedEVEN IF YOU ARE TOLD THAT THOSE DAMAGES MAY OCCUR.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Rental Vehicle Agreement
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make11.1 Tenant, at its sole cost and expense, shall take good care of, and make all interior non-structural repairs to, the Premises, and all repairs necessary to maintain Tenant’s equipment. Landlord shall make all repairs to the Leased Space, including without limitation, exterior of the Premises and all plumbing, repairs to the heating, ventilation, ventilating and air conditioning system installed by Tenant outside the Premises, whether ordinary or extraordinary, at Tenant’s sole cost and electrical lines, pipes, fixtures and equipment not expressly expense (except to the extent such repairs are includable in Operating Expenses or Floor Common Area Costs to be maintained paid by Landlord pursuant Tenant as a component of Tenant’s Operating Payment), as and when needed to subparagraph (a) preserve the Premises in good working order and shall keep condition and keeping with the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality Class A character of the foregoing, Tenant at its expense is specifically required to make promptly Building and all repairs (not required to be made or paid for by Tenant pursuant to Article 10) required to keep the Premises in compliance with all Legal Requirements and Insurance Requirements and to prevent any disruption of, or adverse effect on, the Building, the Building systems, the quiet enjoyment of other tenants or to prevent any damage to the personal property of other tenants. Tenant shall not be responsible for the costs of any such repairs unless the need therefor arises out of (i) to that portion the performance of any pipes, lines, ducts, wires or conduits existence of improvements made by or at the Building; request of Tenant, any subtenants or any other occupant of the Premises, (ii) to the glass windowsinstallation, plate glass doorsuse or operation of equipment installed therein by or at the request of Tenant, and any fixtures subtenant or appurtenances composed any other occupant of glass and which are located within the Leased Space; Premises (iii) to Tenant’s sign(s); and the moving of any such equipment in or out of the Building or the Premises, (iv) the wrongful acts, omissions, negligence or misuse of or by Tenant, any subtenants or any of its or their employees, agents, contractors, occupants, licensees or invitees or their use or occupancy of the Premises (except fire or other casualty caused by Tenant’s negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision), or (v) Legal Requirements or Insurance Requirements with which Tenant is obligated to any heating comply pursuant to the provisions of Section 10.1. Any such structural repair of the Premises required as a result of clause (i), (ii), (iii), (iv) or air conditioning equipment installed (v) of the immediately preceding sentence shall be performed by Landlord, at Tenant’s reasonable expense, and Tenant shall pay for the same, as Additional Rent, within ten (10) business days of its receipt of a b▇▇▇ therefor unless such failure arises from the wrongful actions or omissions where there is a duty to act, of Landlord or its agents, contractors, employees or representatives and, in which case, Landlord shall only be liable for the portion of the liability attributable to the actions or omissions where there is a duty to act, of Landlord, its agents, contractors, employees or representatives. Tenant, at its sole cost and expense, shall promptly replace or repair scratched, damaged or broken doors and glass in and about the Premises and shall be responsible, for all repairs and maintenance of wall and floor coverings in the BuildingPremises. During Any broken window glass shall be repaired by Landlord at Tenant’s reasonable expense, and Tenant shall pay for the Termsame, Tenant as Additional Rent, within ten (10) business days of its receipt of a b▇▇▇ therefor. Tenant, promptly and at its own expense sole cost and expense, shall keep make all non-structural repairs in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable or to the Premises for which it is responsible. In the event Tenant fails to promptly make any repair or alteration required by Tenant to be performed under this Section 11.1, Landlord, at Tenant’s sole but reasonable cost and provide Landlord with a copy of expense, shall have the same. If the right after ten (10) days Notice to 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 alterations and a reasonable time Tenant shall pay for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible or alterations, as Additional Rent, within ten (10) business days after its receipt of a b▇▇▇ therefor. All repairs made by or on behalf of Tenant shall be made in conformity with the provisions of Article 12 and shall be at least equal to the then standards for the Building established by Landlord.
(a) Landlord shall make all necessary repairs to the roof and all structural repairs to the Building. Any such structural or roof repairs occasioned by the acts, omissions, negligence or misuse of or by Tenant or any of its subtenants or any of its or their employees, agents, contractors, occupants, licensees or invitees or their use or occupancy of the Premises shall be made by Landlord at Tenant’s expense (subject to the provisions of Article 17). Landlord’s repair obligations under this Section 11.2(a) shall exclude, however, (i) repairs of Tenant’s personal property or improvements made by or at the request of Tenant (including, without limitation, any Alterations, not occasioned by Landlord’s wrongful acts, omissions where there is a duty to act, or negligence) and (ii) repairs which Tenant is obligated to make pursuant to Section 11.1 and the other provisions of this Lease. Landlord shall perform all maintenance of, and promptly after the receipt of a Notice from Tenant of the necessity of repair, make all necessary repairs to, the Building standard HVAC system equipment and any labor performed security and life safety systems or materials famished indevices which may be installed in the Premises by Landlord. Any repairs to the Building standard HVAC system equipment and any security and life safety systems or devices occasioned by the negligent or wrongful acts or omissions or negligence of Tenant or any of its subtenants, on or, its or about the Leased Space their employees, agents, contractors, licensees or invitees, shall be performed by Landlord at Tenant’s expense and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over shall pay for the Building, the requirements of any board of underwriters having jurisdiction thereofsame, as well as any reasonable regulations imposed by Landlord pertaining theretoAdditional Rent, within ten (10) business days of its receipt of a b▇▇▇ therefor. Without limitation of Except for the foregoingforegoing repair obligation, Landlord shall (subject to the provisions of Article 17) have no liability for the failure of any such Building system, unless such failure arises from the negligent or wrongful acts or omissions (where there is a duty to act) of Landlord or its agent or contractors and in which case Landlord shall only be liable for the portion of the liability attributable to the wrongful actions or omissions (where there is a duty to act) of Landlord, its agents or contractors. The cost of all repairs and maintenance by Landlord hereunder shall be included in Operating Expenses except as may be specifically excluded by Article 5 hereof.
(b) Tenant, at its sole expense, shall operate or cause to be operated and maintained in a first-class manner and consistent with the manufacturer’s specifications any air conditioning system and any life safety or security system installed by Tenant and serving the Premises to prevent any adverse effect on any Building system(s). Any maintenance or repair of such air conditioning system and any life safety or security system shall be performed by Landlord upon Tenant’s request and at Tenant’s reasonable expense and Tenant shall pay for such maintenance and repair, as Additional Rent, within ten (10) business days after Tenant’s receipt of an invoice therefor. Landlord reserves the right (i) to approve make emergency repairs to any and all contractors and suppliers who furnish materials and labor for such repairsTenant’s system without Notice, at Tenant’s expense, which shall be deemed to be Additional Rent and payable within ten (10) business days from Tenant’s receipt of an invoice therefor, and (ii) to require changes to be made by Tenant to any such Tenant’s system if the operation thereof adversely affects, in Landlord’s reasonable opinion, the Building’s systems. Tenant shall have no access to Building systems unless Landlord shall consent shall not be unreasonably withheld, delayed or conditionedthereto.
(c) If required solely as a result No liability of Tenant’s particular activities at Landlord to Tenant shall accrue under this Section unless and until Tenant has given Notice to Landlord of the Leased Space (as opposed necessity of any specific repair for which Landlord has agreed to general occupancy thereof by any tenant), Tenant also shall comply withbe responsible under this Lease, and a sufficient time has elapsed in which to make such repair with same not being performed. In no event shall any failure by Landlord to make any such repairs and installations required by give to Tenant any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts right to effectuate its make such repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in except as expressly permitted herein or to the Leased Space, withhold payment of Base Rent or the Building or Center Additional Rent or to offset any appurtenances costs incurred by Tenant against any payment of Base Rent or equipment thereinAdditional Rent.
Appears in 1 contract
Repairs. (aA) Landlord shall during the term of this Lease make all necessary repairs or alterations to the property, which Landlord is required to maintain, as hereinafter set forth. The property, which Landlord is required to maintain, is the foundation, roof, exterior walls, structural columns and structural beams of the Demised Premises and the landscaped and parking areas upon the Entire Parcel. Notwithstanding the foregoing, if any of said repairs or alterations shall be made necessary by reason of repairs, installations, alterations, additions or improvements made by Tenant or anyone claiming under, Tenant, by reason of the fault or negligence of Tenant or anyone claiming under Tenant, by reason of a default in the performance or observance of any agreements, conditions or other provisions on the part of Tenant to be performed or observed hereunder, by reason of any vehicles damaging the demised premises or by reason of any special use to which the Demised Premises may be put, Tenant shall make all such repairs or alterations as may be necessary, except as otherwise required under Article 13 (A). Landlord shall not be deemed to have committed a breach of any obligation to make repairs or alterations or perform any other act unless (i) Landlord shall have made such repairs or alterations or performed such other act negligently, or (2) Landlord shall have received notice from Tenant designating the particular repairs or alterations needed or the other act of which there has been failure of performance and shall have failed to make such repairs or alterations or performed such other act within a reasonable time after the receipt of such notice and in the event of a breach referred to in Clause (2) of this sentence, Landlord's liability shall be limited to the cost of making such repairs or alterations or performing such other act. As used in this Lease, the expressions "exterior walls" and "roof" do not include rooftop heating and/or air conditioning units serving the Demised Premises exclusively or glass, windows, doors, window sashes or frames, door frames or sign belt.
(B) Tenant shall during the term of this Lease make all maintenancerepairs and alterations to the property which Tenant is required to maintain and/or replace as hereinafter set forth, replacements and repairs which may be necessary to maintain the same in good order, repair and condition, or which may be required by any laws, ordinances, regulations or requirements of any public authorities having jurisdiction, subject only to the provisions of Articles 13 and 14; and Tenant shall upon the expiration or other termination of the term of this Lease remove its property and that of all persons claiming under it and shall yield up peaceably to Landlord the Demised Premises and all property therein other than property of Tenant or persons claiming under Tenant, well maintained and clean, and in good order, repair and condition, and subject only to the provisions of Articles 13 and 14, and shall then surrender all keys for the Demised Premises and shall inform Landlord of all combinations on locks, alarms and safes. The property which Tenant is required to maintain is the Demised Premises and every part thereof, including, but without limitation, (I) the floor slab, and all walls, floors and ceilings, (II) the heating, ventilating and air conditioning system and all utilities (water, gas, electricity and sewerage) conduits, the sprinkler system, fixtures, meters and equipment to the extent the same serve the Demised Premises (whether located inside or outside the Building, (III) stairways, landings, sidewalks and pedestrian traffic lanes as well as the proper and regular sanding thereof, and (III) all glass, windows, doors, window sashes and frame and door frames. Tenant shall at all times keep in full force and effect a full (all labor and materials included) service and maintenance contract, approved by Landlord, for the heating, ventilating, and air conditioning system of the Demised Premises. Landlord may, at its option, reserve the right to be the contractor and ▇▇▇▇ the Tenant for the cost of these charges. Notwithstanding the foregoing, Tenant shall not be under any obligation to make repairs or alterations to the foundation, roof, load bearing walls (other than paint and wall coverings)exterior walls, floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements columns or structural beams of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses except to the extent provided in Section 3(a)(iii(A) unless the necessity for any of this Article. Tenant specifically agrees to replace all glass damaged with glass of the foregoing arises from the gross negligence or wilful same kind 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)quality. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply withpaint, varnish and make any repairs and installations otherwise redecorate the Demised Premises when required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs keep the Demised Premises in a manner which will keep the same or similar condition as such Demised Premises are in at a minimum Landlord’s interference with Tenant’s use and occupancy the commencement of the Leased Space, Landlord Lease. So-called patch-paint jobs by Tenant shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinunacceptable.
Appears in 1 contract
Sources: Lease Agreement (A123 Systems Inc)
Repairs. Except for ordinary wear and tear and as otherwise provided in this Lease, Tenant shall, at all times during the Term hereof, at its sole expense, keep all Tenant's movable and removable fixtures located in or appurtenant to the Premises in good order, repair and condition, and Tenant shall promptly arrange with Landlord to have Landlord (aor Landlord's agent) Landlord shall perform make repairs of all maintenance, replacements other damages to the Premises and repairs necessary to maintain the roof, load bearing walls replacement or repair of all damaged or broken glass (other than paint and wall coveringsincluding signs thereon), floors fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other than carpeting, tile and similar floor coveringsmechanical facilities in the Premises), foundations with materials equal in quality and other structural elements of class to the Building; providedoriginal materials damaged or broken, however, that Landlord shall not be obligated for within any of such repairs until the expiration of a reasonable period of time after written notice that such repair is neededspecified by Landlord. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employeesmay, in which case such cost but shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly do so, enter the Premises at 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects reasonable times to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions improvements or improvements in additions, including, but not limited to, ducts and all other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Building, or as Landlord may be required to do by any Government Entity or Law. The cost of all repairs made by Landlord to the Leased SpaceProperty which are made necessary as a result of misuse or neglect by Tenant or Tenant's employees, invitees or agents shall be paid as additional Rent by Tenant to Landlord within 30 days after Tenant is billed for same. The cost of all other repairs and replacements (except those caused by ▇▇▇▇▇▇'s misuse or negligence and those relating to Tenant's movable fixtures) shall be paid for by the Building or Center or Landlord and deemed an item of Operating Expenses. Tenant shall notify Landlord, in writing, of any damage to any appurtenances or equipment thereinthe Premises promptly after learning of the same.
Appears in 1 contract
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall makeshall, at its sole cost and expense, all repairs necessary to maintain maintain, repair and keep the Leased SpacePremises (including, including without limitation, all plumbing, heating, ventilation, air conditioning tenant improvements) in good order and electrical lines, pipes, fixtures and equipment not expressly condition (except that as to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoingstructural repairs, Landlord shall have make same at its sole cost and expense (except to the right to approve any extent such costs and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(cexpenses are includable in Operating Expenses) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof unless necessitated by any tenant)act, omission, occupancy or negligence of Tenant also shall comply with(including, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Spacewithout limitation, Landlord shall not be liable by reason of any injury to Alterations or interference with any breach of this Lease by Tenant’s business arising from ) or by the making use of any repairs, alterations, additions or improvements the Premises in or a manner contrary to the Leased Spacepurposes for which same are leased to Tenant, in which case Tenant shall be so obligated to pay for same) and, upon the expiration or earlier termination of the Term, shall surrender the same to Landlord in the condition required under this Lease. Tenant's obligation shall include, without limitation, the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the Premises, the Property, the Complex, and the Building. Any maintenance, repair or replacement to the windows (including, without limitation, any solar film attached thereto), the building systems, the building's structural components or any areas outside the Premises which is Tenant's obligation to perform shall be performed by Landlord at Tenant's reasonable expense. Tenant shall not commit or allow to be committed any waste or damage to any portion of the Premises the Property, the Complex, or the Building.
(b) Except to the extent same is Tenant's responsibility pursuant to the provisions of this Lease, Landlord shall maintain in good order and condition the exterior and the structural elements of the Building, including the structural portions of the Premises, and all Common Areas and the condenser water, plumbing, electrical, mechanical and other Building systems serving the Premises (excluding all distributions of such systems in the Premises and the bathrooms on full floors of the Premises). In addition, Landlord shall make all repairs, restorations and replacements, structural and otherwise, interior and exterior, ordinary and extraordinary, in and to the Premises the need for which arises out of the negligence or Center willful misconduct of Landlord or its employees, agents or contractors. All such repairs shall be made and performed with reasonable diligence to minimize interference with the conduct of Tenant's business and access to the Premises, provided, however, nothing contained in this sentence shall be deemed to impose upon Landlord any appurtenances obligation to employ contractors or equipment thereinlabor at so-called overtime or other premium pay rates (unless landlords of unaffiliated first class office buildings in the vicinity of the Building generally would do so under similar circumstances or otherwise if Tenant agrees to pay for such overtime or premium pay rates). Landlord shall perform its obligations under this Section 7.04(b) in a manner consistent with unaffiliated first class office buildings of like age, construction and size in the vicinity of the Building.
Appears in 1 contract
Repairs. (a) 7.1 Landlord shall perform all maintenancemaintain (i) the common areas, replacements including any lobbies, stairs, elevators, corridors and repairs necessary to maintain restrooms, (ii) the roofwindows and exterior walls, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings)roofs, foundations and other structural elements structure of the Building; provided, howeverand (iii) the mechanical, that Landlord plumbing and electrical equipment servicing the Building, in good order and condition as reasonably determined by Landlord. Notwithstanding the foregoing, Tenant shall not be obligated for any of such repairs until pay the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same any repairs occasioned by the act, neglect or default of Tenant, its agents, employees, invitees and contractors.
7.2 Subject to the provisions of Section 7.1 hereof, Tenant shall keep the demised premises and every part thereof (including any special equipment installed in the demised premises such as supplemental HVAC equipment, transformers, plumbing, and fire extinguishers, and any other alterations, additions or improvements, whether installed by Landlord or Tenant) in good condition and repair. All repairs made by or on behalf of Tenant shall be included made and performed in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence such manner as Landlord may designate, by contractors 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 mechanics approved by Landlord (without prejudice and in accordance with the rules and regulations relating thereto annexed to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs this Lease as Exhibit "B" and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, codes and regulations. Subject to the provisions of Article 8 hereof regarding the obligation to restore improvements, ordinances Tenant shall, at the end of the term hereof, surrender to Landlord the demised premises in the same condition as when received, except for ordinary wear and requirements tear, repairs required to be made by Landlord, and damage by fire, earthquake, act of all duly constituted authorities God or the elements. Landlord has no obligation, and has made no promise, to alter, remodel, improve, repair, decorate or paint the demised premises or any part thereof and no representations respecting the condition of the demised premises or the Building have been made by Landlord to Tenant except as expressly set forth herein.
7.3 In the event that Landlord shall deem it necessary or be required by any governmental bodies having jurisdiction over authority to repair, alter, remove, reconstruct or improve any part of the demised premises or of the Building, and then the requirements same shall be made by Landlord with reasonable dispatch (unless the same shall result from Tenant's act, neglect, default or mode of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or operation, in Section 11, which event Tenant shall makemake all such repairs, alterations and improvements or, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing's option, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for make such repairs, which consent alterations and improvements and shall be promptly reimbursed by Tenant for the cost incurred by Landlord in so doing), and should the making of such repairs, alterations or improvements cause any interference with Tenant's use of the demised premises, such interference shall not relieve Tenant from the performance of its obligations hereunder nor shall such interference be unreasonably withhelddeemed an actual or constructive eviction or partial eviction or result in an abatement of rental. Notwithstanding the preceding sentence, delayed in the event that Tenant is prevented from using, and does not use, the demised premises or conditioned.
any portion thereof, for more than five (c5) If required solely consecutive business days as a result of Landlord's performance of such work, then Tenant’s particular activities at 's Basic Rental and additional rent shall be abated or reduced, as the Leased Space (as opposed case may be, after expiration of the 5-day period for such time that Tenant continues to general occupancy thereof by any tenant)be so prevented from using the demised premises or a portion thereof, in the proportion that the rentable area of the portion of the demised premises that Tenant also shall comply withis prevented from using, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts does not use, bears to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy the total rentable area of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereindemised premises.
Appears in 1 contract
Sources: Lease (Talk America Holdings Inc)
Repairs. (a) Landlord Subject to the provisions of Paragraph 13, the Lessee shall, at the Lessee's own expense, keep the Premises in good order, condition and repair during the Term, including the replacement of all broken glass with glass of the same size and quality, with signs thereon, under the supervision and with the approval of the Lessor. If the Lessee does not make repairs promptly and adequately, the Lessor may, but need not, make repairs, and the Lessee shall perform pay promptly the cost thereof. At any time or times, the Lessor, either voluntarily or pursuant to governmental requirement, may, at the Lessor's own expense, make repairs, alterations or improvements in or to the Building or any part thereof, including the Premises, and, during operations, may close entrances, doors, corridors, elevators or other facilities, all maintenancewithout any liability to the Lessee by reason of interference, replacements inconvenience or annoyance. The Lessor and repairs necessary its beneficiaries shall not be liable to the Lessee for any expense, injury, loss or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street or alley. The Lessee shall pay the Lessor for overtime and for any other expense incurred in event repairs, alterations, decorating or other work in the Premises are not made during ordinary business hours at the Lessee's request. Lessor, at Lessor's own expense, shall maintain in good order, condition and repair during the Term, the roof, load bearing walls (foundation and structural components of the Building other than paint and wall coverings)the Premises, floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of such that the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included at all times in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful a clean and wanton misconduct of Landlord or its employeessanitary condition, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in full compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except in a condition at lease as the Landlord is obligated for repairs good as provided above or in Section 11, Tenant shall make, that maintained at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or conduits at the Building; (ii) to the glass windows, plate glass doors, and any fixtures or appurtenances composed of glass and which are located other comparable office buildings within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed City of Chicago. Lessor may include within the Operating Expenses, Lessor's expenses incurred in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract complying with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedthis paragraph.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Office Lease (Tunes Com Inc)
Repairs. (a) Tenant shall give to Landlord shall perform all maintenanceprompt written notice of any damage to, replacements and repairs necessary to maintain or defective condition in the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements Building structure or in any part or appurtenance of the Building; provided's plumbing, howeverelectrical, heating, air--conditioning, ventilation, sprinkler, elevator or other systems serving, located in, or passing through the Premises. Subject to the provisions of this Section 12, Tenant shall, at Tenant's own expense, keep the Premises in good order, condition and repair during the term, except that Landlord, at Landlord's expense (unless caused by the fault or negligence of Tenant, its contractors, agents, or employees in which case Tenant shall pay Landlord for any deductible and any cost which either exceeds insurance proceeds Landlord receives or which is not covered under Landlord's insurance policy in respect of such damage) shall keep in repair and maintain the exterior of the Building, the electrical, heating, air-conditioning, ventilation, sprinkler, elevator or other systems serving, located in or passing through the Premises, plumbing fixtures located in the Building (except those installed by Tenant with Landlord's approval), outside walls, including windows, loadbearing walls (except as to surface damage done by or attributable to Tenant) and doors and roof. Tenant, at Tenant's expense, shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a condition which has been created by, or at the instance of, Tenant, or is required by reason of a breach of any of Tenant's covenants and agreements hereunder. Landlord shall not be obligated for required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included any panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or any other property installed in the Operating Expenses to Premises by Tenant unless such injury or damage is a direct result of negligence on the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct part of Landlord or its contractors, agents or employees, in which case such cost shall and Tenant is not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor reimbursed for such repairs, which consent shall not be unreasonably withheld, delayed injury or conditioneddamage from insurance proceeds.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make14.01 Lessee shall, at its sole cost and expense, keep and maintain the Premises and every part thereof (excepting air-conditioning, common use equipment, exterior walls and roofs, which Lessor agrees to repair unless damages are due to the neglect or intentional acts of Lessee or its agents, employees, visitors, or licensees), including interior windows, skylights, doors, any store fronts and the interior of the Premises, in good and sanitary order, condition and repair. The standard for comparison and need of repair will be the condition of the Premises at the time of commencement of this Lease and all repairs necessary will be made by a licensed and bonded contractor approved by Lessor.
14.02 Lessee will not make repairs to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or conduits Premises at the Building; (ii) to cost of Lessor, whether by deduction of rent or otherwise or vacate the glass windows, plate glass doors, and any fixtures Premises or appurtenances composed terminate the Lease with abatement or termination of glass and which rent because repairs are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Buildingnot made. During If during the Term, Tenant any alteration, addition or change to the Premises is required by legal authorities, Lessee, at its own expense sole expense, shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of promptly make the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have Lessor reserves the right to approve make any such repairs not repaired or maintained in good condition by Lessee and Lessee shall reimburse Lessor for all contractors and suppliers who furnish materials and labor for such repairs, which consent shall costs upon demand.
14.03 Lessor will 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 liable for any failure to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs or perform any maintenance and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which there will keep at a minimum Landlord’s interference with Tenant’s use and occupancy be no abatement of the Leased Spacerent, Landlord shall not be liable nor liability of Lessor by reason of any injury to or interference with TenantLessee’s business arising from the making of or failure to make any repairsrepair, alterations, additions alteration or improvements improvement in or to any portion of the Leased Space, or the Building or Center Premises or to Lessee’s fixtures, appurtenances and equipment.
14.04 If repairs deemed necessary by Lessor or any appurtenances or equipment thereingovernment authority are not made by Lessee within the prescribed time frame as requested in writing, Lessee shall be in default of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Iii to I Maritime Partners Cayman I Lp)
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain keep the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements Common Areas of the Building; providedBuilding and the Project in a clean and neat condition comparable to other similar class buildings in the Longmont, howeverColorado market. Subject to subparagraph (b) below, that Landlord shall not be obligated for any of such repairs until the expiration of make all necessary repairs, within a reasonable period following receipt of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses need therefor from Tenant, to the extent provided in Section 3(a)(iii) unless HVAC, but excluding any supplemental HVAC units located within the necessity for any Premises, exterior walls, exterior doors, exterior locks on exterior doors and windows of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and to the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost Common Areas and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning public corridors and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality other public areas of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that Project not constituting a portion of any pipes, lines, ducts, wires or conduits at the Building; (ii) tenant’s premises and shall use reasonable efforts 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 keep all Building standard equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished used by Tenant in compliance common with all applicable laws, regulations, ordinances other tenants in good condition and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right repair and 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 replace same at the Leased Space (end of such equipment’s normal and useful life, reasonable wear and tear and casualty loss excepted. Except as opposed to general occupancy thereof by any tenant)expressly provided in Paragraph 9 of this Lease, Tenant also there shall comply with, be no abatement of Rent and make any repairs and installations required by any applicable law.
(d) Provided that no liability of Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Leased SpacePremises, or the Building or Center the Project.
(b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by the Tenant and reasonably approved by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant). Tenant shall make all repairs to the Premises not required to be made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Premises, the Building or the Project made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Premises or the Project by Tenant. If Tenant fails to make such repairs or replacements within forty-five (45) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the cost thereof. Tenant acknowledges and agrees that Landlord’s approval of Tenant’s contractors shall not in any way make Landlord liable or responsible for the condition, quality or function of such contractors or their work or constitute any undertaking, warranty or representation by Landlord with respect to any appurtenances such matters. Additionally, any contractors selected by Tenant must meet the criteria for contractors required by the property manager of the Building. Notwithstanding anything herein to the contrary, Tenant, at Tenant’s sole cost and expense, shall be liable and responsible for (i) the maintenance, repair and replacement of any supplemental HVAC installed by Tenant in the Premises, including, without limitation, the data center room or equipment thereinmission control room, and (ii) any damage, liability or claims resulting from or arising from the use, operation, installation, maintenance and/or removal of any furniture, equipment, machinery or personal property (including, without limitation, the supplemental HVAC) in the Premises.
(c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant shall remove from the Premises all trade fixtures, furnishings and other personal property of Tenant, and all computer and phone cabling and wiring from the Premises, 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 the same at Tenant’s expense, appropriate the same for itself, and/or sell the same in its discretion.
Appears in 1 contract
Sources: Office Lease (Digitalglobe Inc)
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice Subject to Landlord’s right repair obligations set forth in Paragraph 15(b), 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 repairs to recover same from the responsible party). Any such maintenancePremises and every part thereof, replacements or repairs including, without limitation, the interior surfaces of the ceilings, walls and any labor performed or materials furnished floors, all doors, all interior windows, all non-standard plumbing, pipes, electrical wiring, light fixtures and bulbs, switches, furnishings, signs and special items and equipment installed by or upon at the direction expense of Tenant. Landlord shall be performed in a good have no obligation to alter, remodel, improve, repair, decorate or paint the interior of the Premises or any part thereof. Tenant and workmanlike mannerLandlord affirm that Landlord has made no representations to Tenant respecting the condition of the Premises, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereofCommon Areas, or the Project except as specifically set forth in this Lease.
(b) Except as Anything contained in Paragraph 15(a) to the contrary notwithstanding, Landlord is obligated for repairs as provided above or shall repair and maintain in Section 11a first-class condition the structural portions of the Building and the Building roof, Tenant shall makeexterior windows, at its sole cost and expensewindow seals, all repairs necessary to maintain the Leased Space, including without limitation, all standard plumbing, heating, ventilationventilating, air conditioning conditioning, electrical systems, landscaping, hardscaping, parking areas and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality exterior components of the foregoingBuilding, unless such maintenance and repairs are required in part or in whole by the act, neglect or omission of Tenant, its agents, servants, employees or invitees, in which case Tenant 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 a reputable heating and air conditioning service company reasonably acceptable pay to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Buildingadditional rent, the requirements reasonable cost of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining theretosuch maintenance and repairs. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Paragraph 23, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Leased SpaceBuilding, the Premises, the Common Areas, or the Building Project or Center in or to any fixtures, appurtenances or and equipment therein. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly provided under this Lease. If Landlord fails to perform any of its repair and maintenance obligations as required in this Table of Contents Lease, and such failure materially affects Tenant’s ability to use and occupy the Premises for the purposes permitted herein, Tenant shall have the right, but not the obligation, to perform such repairs or maintenance if such failure continues for more than fifteen (15) days after Landlord’s receipt of written notice from Tenant detailing the repairs or maintenance required; provided, however, that if the nature of the repairs or maintenance to be completed by Landlord is such that more than fifteen (15) days are required to complete such repairs or maintenance, Landlord shall have such additional time as is reasonably necessary to complete such repairs or maintenance so long as Landlord takes appropriate action to commence such repairs or maintenance within such fifteen (15) day period and thereafter diligently pursues such repairs or maintenance to completion. In such event, Landlord shall reimburse Tenant for the reasonable costs incurred by Tenant to complete such repairs or maintenance within thirty (30) days after receipt of Tenant’s written demand therefore, together with copies of the paid invoices evidencing the costs incurred by Tenant. Any repairs or maintenance permitted herein shall be performed in a good workmanlike manner by licensed contractors. If Landlord objects to the repairs or maintenance performed or the expenses incurred by Tenant in performing such work, Landlord shall deliver a written notice of Landlord’s objection to Tenant within thirty (30) days after Landlord’s receipt of Tenant’s invoice evidencing the expenses incurred by Tenant. Landlord’s notice shall set forth in reasonable detail Landlord’s reasons for its claim that such repairs or maintenance were not required or were not Landlord’s obligation under this Lease or the reasons for Landlord’s dispute of the expenses incurred by Tenant in performing such work. In no event shall Tenant’s rights hereunder be construct to give Tenant any right of offset or to deduct any amount paid by Tenant or payable to Tenant from any amount payable by Tenant under this Lease. In addition, notwithstanding the foregoing, neither Tenant, nor Tenant’s contractors shall perform any repairs or maintenance to, or that will affect the Building Structure and Systems.
(c) As between Landlord and Tenant, Landlord is recognized as the owner of telephone, cable, and any fiber optic wiring serving the Premises (collectively, the “Building Cable”) whether installed as of or following the Commencement Date. Tenant shall be responsible for the maintenance of all Building Cable. Tenant’s access to the Common Areas for the purposes of installing and maintaining the Building Cable is conditioned upon Landlord’s approval of Tenant’s service contract and appropriate insurance policies being obtained by the entity installing the Building Cable. Landlord shall not be responsible and shall have no liability for interruption in or failures of telephone or electronic data transmission services except to the extent caused by the gross negligence or willful misconduct of Landlord. Tenant shall abide by all reasonable, written and nondiscriminatory rules and regulations hereafter promulgated by Landlord regarding access to the Building Cable. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, losses, liabilities, costs and expenses, including, without limitation, actual attorneys’ fees, incurred by Landlord and related to Tenant’s access to or work performed in connection with the Building Cable.
(d) At Landlord’s election as part of Operating Expenses, Landlord may elect from time to time to procure and keep in effect, as part of Operating Expenses, the following maintenance and service contracts: (i) landscaping, (ii) heating, ventilation and air conditioning equipment, (iii) boiler, fired or unfired pressure vessels, (iv) fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection systems, (v) roof covering and drain maintenance, (vii) asphalt and parking lot maintenance, and (viii) janitorial.
Appears in 1 contract
Sources: Lease Agreement (Synbiotics Corp)
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary Landlord’s obligation with respect to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but Basic Services shall be paid by Landlord (without prejudice limited to at Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain (i) the Leased Spacestructural portions of the Building, including the structural walls, foundations, concrete subflooring, structural elements of the roof, and underground utilities servicing the Building and the Project, and (ii) as part of Operating Expenses, (A) the exterior walls of the Building, including, without limitation, all plumbingglass and glazing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (aB) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality non-structural elements of the foregoingroof, (C) mechanical, electrical, plumbing and life safety systems except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve 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 doorsexclusively, and any fixtures or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable supplemental heating and air conditioning service company reasonably acceptable systems (including all plumbing connected to Landlordsaid facilities or systems), and provide (D) Common Areas. Landlord shall not be deemed to have breached any obligation with a copy respect to the condition of any part of the same. If the Project unless Tenant refuses or neglects has given to make such repairs or fails to diligently prosecute the same to completion after Landlord written notice from of any required repair and Landlord of the need therefore and has not made such repair within a reasonable time for cure, following the receipt by Landlord may make of such repairs at notice. The foregoing notwithstanding: (i) Landlord shall not be required to repair damage to any of the expense foregoing to the extent caused by the acts or omissions of Tenant or it agents, employees or contractors, except to the extent covered by insurance carried by Landlord; and such expense (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be collectible as Additional Rentgoverned by the provisions of Paragraph 9. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right but not the obligation to approve any undertake work of repair that Tenant is required to perform under this Lease and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed that Tenant fails or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed refuses to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs perform in a manner which will keep at a minimum Landlord’s interference 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 Tenant’s use 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 occupancy no liability of the Leased Space, 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 alterations or improvements in or to any portion of the Leased SpacePremises, or the Building or Center the Project. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature).
(b) Landlord shall deliver the Premises to Tenant as of the Commencement Date in broom-clean condition and free of debris, with the existing Building-standard plumbing, lighting, roof, electrical, fire sprinkler, life and safety, and HVAC systems serving and within the Premises (collectively, the “Operating Systems”) in good operating condition and recently serviced, including balancing the HVAC. In addition, to the best of Landlord’s knowledge, the Premises, Building, Project, and restrooms (including the parking areas) were all in a condition that met current codes and conditions at time of construction of such items and will meet such codes and conditions on the Commencement Date, subject to grandfathered rights, if and to the 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 extent necessitated by the acts or omissions of Tenant and/or any appurtenances 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 expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or equipment thereinrepaired 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). 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 and not covered by insurance included as part of the Operating Expenses. If 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 cost thereof, together with an administration fee equal to ten percent (10%) of such costs.
(c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in a in broom-clean condition and free of debris, normal wear and tear and casualty excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant shall remove from the Premises all trade fixtures, furnishings and other personal property of Tenant and all computer and phone cabling and wiring installed by or on behalf of Tenant, shall repair all damage caused by such removal, and shall restore the Premises to its original condition, reasonable wear and tear 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. Tenant shall give to Landlord prompt written notice of any damage to, or defective condition in any part of or appurtenance to the Building's plumbing, electrical, heating, ventilating, air-conditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of Article 11 of this Lease and Landlord's warranty of Landlord's Work, Tenant shall, at Tenant's own expense, keep the Premises, including everything therein (a) Landlord shall perform all maintenance, replacements except the heating and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations air-conditioning and other Building Systems and any structural elements portions of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees), in which case such cost shall not be included good order, condition and repair during the term. Landlord shall, as part of the Operating Expenses but Costs set forth in Article 6 of this Lease, maintain the heating, ventilating and air-conditioning and other Building Systems throughout the Building (including the Premises) and the outside walls, outside windows, floors, foundations, and roof of the Building in good order and repair. Repairs made by Landlord required due to negligence or fault of Tenant, its contractors, agents or employees shall be paid made at Tenant's expense plus a 19% administrative charge. Tenant, at Tenant's expense, shall comply with all laws or ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or capital improvement to the Premises or with respect to the Premises, or which may require change(s) in or to the Buildings Systems not exclusively serving and located in the Premises, compliance with which shall be Landlord's sole responsibility unless such alteration or improvement to the Premises or change to the Building System(s) is required by reason of a condition which has been created by, or at the instance of, Tenant, or is required by reason of a breach of any of Tenant's covenants and agreements hereunder. All repairs made by Tenant shall be made using contractors approved by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent approval shall not be unreasonably withheld, delayed conditioned or conditioneddelayed.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Repairs. (a) Tenant shall, at Tenant’s own expense, keep the Leased Premises in good order, repair and condition at all times during the Term, and Tenant shall promptly and adequately repair all damage to the Leased Premises and replace or repair all damaged or broken fixtures and appurtenances under the supervision and subject to the approval of Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for within any of such repairs until the expiration of a reasonable period of time after written notice that such repair is neededspecified by Landlord. The cost of same shall be included in the Operating Expenses In addition, Tenant shall, at Tenant’s expense, make all repairs, installations and additions to the extent provided in Section 3(a)(iii) unless the necessity for Leased Premises as may be required by any law, ordinance, regulation or ruling of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies authority having jurisdiction over the BuildingLeased Premises. If Tenant does not do so, Landlord may, but need not, make any repairs, replacements, installations, and additions which Tenant is obligated to make and Tenant shall pay Landlord the requirements cost thereof, forthwith upon being billed for same. Landlord may also make repairs, installations and additions to or in the Leased Premises as Landlord shall desire or deem necessary, or as Landlord may be required to do by governmental authority or court order or decree. No such entry or repairs by Landlord shall be deemed or construed to be a disturbance of Tenant’s quiet or peaceable possession of the Leased Premises or of any board rights of underwriters having jurisdiction thereof.
(b) Except as the Tenant under this Lease. Landlord is obligated for repairs as provided above or in Section 11may, Tenant but shall makenot be required to, at its sole cost and expense, all repairs necessary to maintain enter the Leased Space, including without limitation, Premises at all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects reasonable times to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairsinstallations, alterations, improvements and additions or improvements in to the Leased Premises or to the Leased Space, or the Building or Center or to any appurtenances equipment located in the Building as Landlord shall desire or equipment thereindeem necessary.
Appears in 1 contract
Sources: Lease Agreement (Stockeryale Inc)
Repairs. (a) Landlord shall perform all maintenancerepair, replacements maintain and repairs necessary to maintain as necessary, replace, the roof, load bearing hearing walls (other than paint and wall coverings), floors (other than excluding carpeting, tile and similar floor coverings), foundations and other structural elements of the Building, and all plumbing, air conditioning and electrical systems, fixtures and equipment and HVAC system components serving the Building, elevators and all other items which constitute a part of the Leased Space and are installed or furnished by Landlord; provided, however, however that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice from Tenant that such repair is needed. The cost of same In no event shall Landlord be included in the Operating Expenses obligated to the extent provided in Section 3(a)(iii) unless the necessity for repair any damage caused by an act, omission or negligence of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord Tenant or its employees, in agents, invitees, licensees, subtenants or contractors, the cost of 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)responsibility of Tenant. Any such maintenance, replacements or repairs and any labor performed or materials furnished by in, on or upon about the direction of Landlord Leased Space shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished by Landlord in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental central bodies having jurisdiction over the Building, Building and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11above, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) Space and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs repairs, or fails to diligently prosecute the same to completion completion, after written notice from Landlord of the need therefore and a reasonable time for curetherefor, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished furnished in, on or about the Leased Space shall be performed and furnished by Tenant in strict compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation Tenant agrees that prior to performing any work which will become permanently affixed to the Leased Space, Tenant shall provide Landlord with plans and specifications of the foregoingits proposed improvements for Landlord’s review and, Landlord shall have the right if acceptable, its approval, such approval not to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed conditioned or conditioneddelayed.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Lease (Idera Pharmaceuticals, Inc.)
Repairs. (a) Landlord Subject to the provisions of Paragraph 13, the Lessee shall, at the Lessee's own expense, keep the Premises in good order, condition and repair during the Term, including the replacement of all broken glass with glass of the same size and quality, with signs thereon, under the supervision and with the approval of the Lessor. If the Lessee does not make repairs promptly and adequately, the Lessor may, but need not, make repairs, and the Lessee shall perform pay promptly the cost thereof. At any time or times, the Lessor, either voluntarily or pursuant to governmental requirement, may, at the Lessor's own expense, make repairs, alterations or improvements in or to the Building or any part thereof, including the Premises, and, during operations, may close entrances, doors, corridors, elevators or other facilities, all maintenancewithout any liability to the Lessee by reason of interference, replacements inconvenience or annoyance. The Lessor and repairs necessary its beneficiaries shall not be liable to the Lessee for any expense, injury, loss or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street or alley. The Lessee shall pay the Lessor for overtime and for any other expense incurred in event repairs, alterations, decorating or other work in the Premises are not made during ordinary business hours at the Lessee's request. Lessor, at Lessor's own expense, shall maintain in good order, condition and repair during the Term, the roof, load bearing walls (foundation and structural components of the Building other than paint and wall coverings)the Premises, floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of such that the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included at all times in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful a clean and wanton misconduct of Landlord or its employeessanitary condition, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in full compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except in a condition at least as the Landlord is obligated for repairs good as provided above or in Section 11, Tenant shall make, that maintained at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or conduits at the Building; (ii) to the glass windows, plate glass doors, and any fixtures or appurtenances composed of glass and which are located other comparable office buildings within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed City of Chicago. Lessor may include within the Operating Expenses, Lessor's expenses incurred in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract complying with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedthis paragraph.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Office Lease (Tunes Com Inc)
Repairs. (a) Tenant shall give to Landlord shall perform all maintenanceprompt written notice of any damage to, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements or defective condition in any part or appurtenance of the Building; provided's plumbing, howeverelectrical, heating, air conditioning 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 of this lease, except that Landlord shall not be obligated for any the Landlord, at the Landlord's expense (unless damage thereto is caused by the fault or negligence of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of Tenant, its contractors, agents, employees in which case, the same shall be included in the Operating Expenses maintained or repaired by Tenant, at Tenant's expense and if Tenant fails to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employeesmake such repairs promptly, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost option, may make such repairs and expense, all Tenant shall pay Landlord on demand Landlord's actual costs of making such 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 plus a fee of ten percent (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i10%) to that portion of any pipes, lines, ducts, wires or conduits at the Building; (iicover Landlord's overhead) 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 a reputable repair the elevators, heating and air conditioning service company reasonably acceptable equipment, outside walls, including windows, roof, electrical lines, standard building lighting and light bulbs, switches, receptacles, plumbing fixtures, blinds, door hardware and ceilings located in or for the Building and Premises; provided, however that Tenant shall be responsible for the maintenance and repair of all improvements and equipment installed by Tenant including those items set forth m paragraph 11.(o). Landlord's cost of maintenance and repair is subject to Landlordthe provisions of Section 1. The Tenant at the Tenant's expense, shall comply with all laws and ordinances, and provide Landlord all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to the Tenant's use thereof, except that the Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a copy condition which has been created by, or at the instance of, the Tenant, or is required by reason or a breach of any of the sameTenant's covenants and agreements hereunder. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable to Tenant for any damage or inconvenience and Tenant shall not be entitled to any abatement or reduction of Rent by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, alterations or additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinmade by Landlord.
Appears in 1 contract
Sources: Lease Agreement (Access Integrated Technologies Inc)
Repairs. Tenant will, at its own expense and subject to the provisions of Article 8 of this Lease, keep the Premises in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Premises (aexcept for reasonable wear and tear and as otherwise provided in Article 25 of this Lease) Landlord shall perform and replace or repair all maintenance, replacements damaged or broken glass (including any glass demising walls and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coveringssigns thereon), floors (other than carpetingfixtures and appurtenances, tile under the direct supervision and similar floor coverings)with the approval of Landlord, foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for within any of such repairs until the expiration of a reasonable period of time after written notice that specified by Landlord. If Tenant does not do so, or at Landlord's election, Landlord may, but need not, make such repair is needed. The repairs or replacements and the amount paid by Landlord for such repairs and replacements (including landlord's overhead and profit and the cost of same general conditions which amount shall not exceed ______) shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful deemed additional rent reserved under this Lease due and wanton misconduct of payable forthwith. Landlord or its employeesmay, in which case such cost but shall not be included as part of required so to do, enter the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of Premises at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects reasonable times to make such repairs or fails alterations, improvements and additions, including but not limited to diligently prosecute ducts and all other facilities for air conditioning service, as Landlord shall desire or deem necessary for the same to completion after written notice from Landlord safety, preservation or improvement of the need therefore and a reasonable time for cure, Landlord may make such repairs at Premises or the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and Building or any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant equipment located in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, or as Landlord may be required to do by the requirements City of Chicago or by the order or decree of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed court 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 other governmental authority. In the event Landlord or its agents or contractors shall comply with, and elect or be required to make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, improvements or additions or improvements in or to the Leased Space, Premises or the Building or Center any equipment located in 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 space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages to Tenant's property, business or person, and the rent reserved herein shall in no way abat▇ ▇▇▇le said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any appurtenances set-off or equipment thereincounterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, but if Tenant desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom.
Appears in 1 contract
Repairs. (a) Landlord shall perform all maintenancemaintain in good condition and repair (i) the structural portions of the Building, replacements (ii) the exterior walls of the Building, including, without limitation, glass and repairs necessary to maintain glazing, (iii) the roof, load bearing walls (other than paint iv) mechanical, electrical, plumbing and wall coveringslife 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 serving only the Premises)], (v) Common Areas (including lighting in the Common Areas and snow and ice removal from sidewalks abutting the Building), floors and (other than carpetingvi) the Installation Area, tile and similar floor coverings), foundations and other structural except those elements of the Building; provided, however, such area that Tenant is required to repair under Section 5(b) below. Landlord shall not be obligated for deemed to have breached any obligation with respect to the condition of any part of the Land or Building unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a reasonable time following the receipt by Landlord of such repairs until the expiration of a reasonable period of time after written notice that such repair is needednotice. The foregoing notwithstanding: (i) Tenant shall pay for the cost of same shall be included in the Operating Expenses any repairs as a result of damage to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from to the gross negligence extent caused by the acts or wilful and wanton misconduct omissions of Landlord Tenant or its employeesit agents, in which case employees or contractors, except to the extent such cost shall not be included as part of the Operating Expenses but shall be paid repairs are covered by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements insurance carried or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly required to be maintained carried by Landlord pursuant to subparagraph (athe provisions of Paragraph 8(e) below; and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or conduits at the Building; (ii) the obligations of Landlord pertaining to the glass windows, plate glass doors, and any fixtures damage or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense destruction by casualty shall be collectible as Additional Rentgoverned by the provisions of Paragraph 9. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right but not the obligation to approve any undertake work of repair that Tenant is required to perform under this Lease and all contractors that Tenant fails or refuses to perform within applicable periods (including applicable notice and suppliers who furnish materials grace periods, if any). All costs reasonably incurred by Landlord (including out of pocket costs and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result reasonable allocation of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference internal costs if employees of Landlord perform such work or repair) in performing any such work or repair for the account of Tenant shall be repaid by Tenant to Landlord upon demand, together with Tenantan administration fee equal to ten percent (10%) of such costs. Except as expressly provided in this paragraph and in Paragraphs 9 and 7(f) of this Lease, there shall be no abatement of Rent and except for the obligation to make repairs necessitated by Landlord’s use and occupancy acts or omissions, no liability of the Leased Space, 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 alterations or improvements in or to any portion of the Leased SpacePremises, or the Building or Center the Land. Landlord agrees to use reasonable efforts to minimize disruption to Tenant’s operations in connection with Landlord’s repairs. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.
(b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors reasonably acceptable to the 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 serving only the Premises connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises or in the Installation Areas 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 sub-paragraph (a) above with replacements of any appurtenances materials to be made by use of materials of equal or equipment thereinbetter quality and shall make repairs to the Installation Area (but only to the extent the repairs relate to components connected to the lavatory, shower, toilet, wash basin and kitchen facilities that serve the Premises exclusively, or relate to damage caused by Tenant’s negligence or willful misconduct). 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 Land made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Premises, the Building or the Land by Tenant, except to the extent such repairs are covered by insurance carried or required to be carried by Landlord or Tenant pursuant to the provisions of Paragraph 8(e) below. 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 the cost thereof reasonably incurred by Landlord (including out of pocket costs and a reasonable allocation of Landlord’s internal costs if employees of Landlord perform such work or repair), together with an administration fee equal to ten percent (10%) of such costs.
(c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear and damage by fire or other casualty excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant shall remove from the Premises and the Installation Areas 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.
Appears in 1 contract
Repairs. The leased premises and all appurtenances contained therein, including, but not limited to, locks, keys, glass, elevator (a) Landlord if any), plumbing, automatic sprinkler system (if any), heating equipment and air conditioning equipment (if any), are accepted by Lessee in their present condition, including any vices or defects, latent or otherwise, that may now exist or hereafter arise in the leased premises, except as to such repairs or improvements as this lease requires Lessor to make. Lessor shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements roof of the Building; providedleased premises in good order and repair, however, that Landlord but shall not be obligated for required to make any of such other repairs until or replacements whatsoever to the expiration of leased premises, except those rendered necessary by fire or other perils which would be covered by fire and extended coverage insurance. Lessee shall, at Lessee's expense and within a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employeestime, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors repairs and suppliers who furnish materials replacements of whatsoever nature or character that may become necessary to the leased premises during the term of this lease other than those hereinabove required to be made by Lessor. At the termination of this lease, Lessee shall return the leased premises to Lessor, in like order and labor for such repairscondition as received, which consent shall not be unreasonably withheldbroom clean and free from trash, 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)ordinary decay, Tenant also shall comply withwear and tear excepted, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of deliver the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or keys to the Leased Space, leased premises to Lessor or the Building or Center or to any appurtenances or equipment therein.Leo Fellman & Co.
Appears in 1 contract
Repairs. Landlord shall, at Landlord's sole cost and expense (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall but which may be included in the Operating Expenses to the extent provided permitted hereunder), keep and maintain in Section 3(a)(iii) unless good working order and repair, and shall make such improvements, repairs or replacements as are necessary or appropriate to, the necessity for any exterior walls, all structural components and elements of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employeesProject, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord lobbies, stairs, elevators (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, cabs and doors), corridors and corridor walls and wall treatments, carpeting, public restrooms, roofs, plate glass, parking areas, paved areas, walkways and drives, landscaping, base Building improvements, and all plumbingfacilities, systems and equipments relating to the furnishing of services (including mechanical, electrical, water, heating, ventilationventilating and air-conditioning, air conditioning life safety and electrical lines, pipes, fixtures and equipment not expressly elevators) required to be maintained provided by Landlord, pursuant to this Lease, all at such times, in such manner and to such extent as is reasonably necessary or appropriate to maintain the Project in good order and condition consistent with a first-class office building located in the Greenway Plaza and Galleria areas in Houston. All repairs, alterations or additions that affect the Project's structural components or major mechanical, electrical or plumbing systems shall be made by Landlord pursuant or its contractors only, and, subject to subparagraph (a) and shall keep Section 6.7, in the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion case of any pipesdamage to such components or systems caused by Tenant or Tenant's agents, linesemployees, ductsconstruction contractors, wires or conduits at the Building; (ii) to the glass windowscleaning contractors, plate glass doors, and any fixtures or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished paid for by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right an amount equal to approve any and all contractors and suppliers who furnish materials and labor Landlord's costs plus seven percent (7%) for such repairsoverhead, which consent shall not be unreasonably withheld, delayed or conditioned.
payable within thirty (c30) If required solely as a result of Tenant’s particular activities at days after demand. Notwithstanding anything to the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs contrary contained in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Spacethis Section 5.2.1, Landlord shall not be liable by reason required to make any improvements to or repairs of any injury to kind or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or character to the leasehold improvements within the Leased SpacePremises during the Term, except (i) subject to Section 6.7, repairs to leasehold improvements to the extent they have been damaged as a result of the negligence of Landlord, or Landlord's agents, employees, construction contractors, or cleaning contractors, and (ii) repairs to Building standard improvements as may be necessary for normal maintenance; provide however, non-Building standard leasehold improvements shall, at Tenant's written request, be maintained, repaired or replaced, by Landlord at Tenants expense, at a cost equal to Landlord's costs plus seven percent (7%) overhead, which shall be payable within thirty (30) days after demand. Landlord shall, as a part of Operating Expenses, replace the Building or Center or flooring in the elevators serving the Leased Premises at least every three (3) years during the Term, such replacement flooring to any appurtenances or equipment thereinbe of a quality in keeping with a first-class office building located in the Greenway Plaza and Galleria areas in Houston.
Appears in 1 contract
Sources: Office Space Lease Agreement (FSP Phoenix Tower Corp)
Repairs. (a) Landlord shall perform all maintenance, replacements Except for ordinary wear and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent as otherwise provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11this Lease, Tenant shall makeat all times during the Term hereof, at its sole cost expense, keep the Leased Premises and expenseevery part thereof in good order, repair and condition, and Tenant shall arrange with Landlord at Tenant's sole expense for the prompt repair of all damages to the Leased Premises and the replacement or repair of all damaged or broken glass (including signs thereon), fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Leased Premises), with materials equal in quality and class to the original materials damaged or broken, 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 replacements to be maintained by Landlord pursuant to subparagraph (a) made under the supervision and shall keep with the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality prior written approval 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the sameusing contractors or persons designated by Landlord. If the Tenant refuses or neglects to does not promptly make such arrangements, Landlord may, but need not, make such repairs or fails to diligently prosecute and replacements and the same to completion after written notice from amount paid by Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space replacements shall be performed deemed Additional Rent reserved under this Lease due and furnished by Tenant in compliance with all applicable lawspayable forthwith. Landlord and its designees may, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent but shall not be unreasonably withheldrequired to, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at enter the Leased Space (as opposed Premises at all reasonable times to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions improvements or improvements in additions, including, but not limited to, ducts and all other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Property, or as Landlord may be required to do by any governmental authority or court order or decree. The cost of all repairs to the Leased SpaceProperty made necessary as a result of misuse or neglect by Tenant or Tenant's employees, invitees or the Building or Center or to any appurtenances or equipment therein.agents including a percentage
Appears in 1 contract
Sources: Lease Amendment (SPR Inc)
Repairs. Landlord shall, at Landlord's sole cost and expense (abut which may be included in Operating Expenses to the extent permitted hereunder), keep and maintain in good working order and repair, and shall make such improvements, repairs or replacements as are necessary or appropriate to, the exterior walls, all structural components and elements of the Project, lobbies, stairs, elevators (including without limitation, cabs and doors), corridors and corridor walls and wall treatments, carpeting, public restrooms, roofs, plate glass, parking areas, paved areas, walkways and drives, landscaping, base Building improvements, and all facilities, systems and equipments relating to the furnishing of services (including mechanical, electrical, water, heating, ventilating and air conditioning, life safety and elevators) required to be provided by Landlord shall perform pursuant to this Lease, all maintenanceat such times, replacements in such manner and repairs to such extent as is reasonably necessary or appropriate to maintain the roofProject in good order and condition consistent with a first-class office building located in the Greenway Plaza and Galleria areas in Houston. All repairs, load bearing walls alterations or additions that affect the Project's structural components or major mechanical, electrical or plumbing systems shall be made by Landlord or its contractors only, and, subject to Section 6.7, in the case of any damage to such components or systems caused by Tenant or Tenant's agents, employees, construction contractors, or cleaning contractors, shall be paid for by Tenant in an amount equal to Landlord's costs plus seven percent (other than paint and wall coverings)7%) for overhead, floors which shall be payable within thirty (other than carpeting30) days after demand. Notwithstanding anything to the contrary contained in this Section 5.2.1, tile and similar floor coverings)Landlord shall not be required to make any improvements to or repairs of any kind or character to the leasehold improvements within the Leased Premises during the Term, foundations and other structural elements except (i) subject to Section 6.7, repairs to leasehold improvements to the extent they have been damaged as a result of the Buildingnegligence of Landlord, or Landlord's agents, employees, construction contractors, or cleaning contractors, and (ii) repairs to Building standard improvements as may be necessary for normal maintenance; provided, however, that non-Building standard leasehold improvements shall, at Tenant's written request, be maintained, repaired or replaced by Landlord shall not be obligated for any of such repairs until the expiration of at Tenant's expense, at a reasonable period of time after written notice that such repair is needed. The cost of same equal to Landlord's costs plus seven percent (7%) overhead, which shall be included payable within thirty (30) days after demand. Landlord shall, as a part of Operating Expenses, replace the flooring in the Operating Expenses to elevators serving the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of Leased Premises at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
every three (b3) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 years during the Term, Tenant at its own expense shall keep such replacement flooring to be of a quality in place a maintenance contract keeping with a reputable heating first-class office building located in the Greenway Plaza and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant Galleria areas in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedHouston.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Repairs. (a) Landlord Section 6.01. Tenant shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements take good care of the Building; providedDemised Premises and the fixtures therein and all portions of the HVAC, howevermechanical, that Landlord shall not be obligated for any of such plumbing and electrical systems within and exclusively serving the Demised Premises, and at its sole cost and expense make all repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included thereto as and when needed to preserve them in the Operating Expenses good working order and condition, except to the extent provided such repairs are needed as a result of Landlord's misuse or negligence. All damage or injury to the Demised Premises or the Building or to any building equipment or systems caused by Tenant moving property in Section 3(a)(iii) unless the necessity for any or out of the foregoing arises Building or by installation or removal of personalty or resulting from the gross negligence or wilful and wanton misconduct conduct of Landlord or Tenant, its employees, in which case such cost agents, contractors, customers, invitees and visitors, shall be repaired, promptly by Tenant at Tenant's expense, and whether or not involving structural changes or alterations, to the satisfaction of Landlord. All repairs shall include replacements or substitutions where necessary and shall be included as part at least equal to the quality, class and value of the Operating Expenses but property repaired, replaced or substituted and shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed done in a good and workmanlike manner.
Section 6.02. Landlord, using only materials at its expense, shall maintain and make all repairs and replacements, structural and otherwise, to the exterior and public portions of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, to the sidewalks, to the common areas, to the Building fixtures and equipment and to the requirements Demised Premises, unless Tenant is required to make them under the provisions of any board Section 6.01 or unless required as a result of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above performance or existence of alterations performed by Tenant or on Tenant's behalf, in Section 11, Tenant shall makewhich event Tenant, at its sole cost and expense, all shall perform such maintenance, 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 or replacements. Tenant shall notify Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoingnecessity for any repairs for which Landlord may be responsible in the Demised Premises under the provisions of this Section after learning of same, and Landlord shall make such repairs promptly. Landlord shall have no liability to Tenant at its expense by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is specifically required or permitted by this Lease, or required by law, to make promptly all repairs (i) in or to that any portion of any pipesthe Building or the Demised Premises, lines, ducts, wires or conduits at the Building; (ii) in or to the glass windowsfixtures, plate glass doors, and any fixtures equipment or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the sameBuilding or the Demised Premises. If the Tenant refuses or neglects However, Landlord shall use reasonable efforts to make such repairs or fails to diligently prosecute changes in an manner that minimizes interference with the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result normal conduct of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant)'s business, Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, provided Landlord shall not be liable by reason of any injury required to employ overtime or interference with Tenant’s business arising from the making of any repairs, alterations, additions premium labor. All repairs shall include replacements or improvements in or substitutions where necessary and shall be at least equal to the Leased Spacequality and value of the property repaired, replaced or substituted and shall be done in a good and workmanlike manner.
Section 6.03. Tenant shall not store or place any materials or other obstructions in the lobby or other public portions of the Building, or on the Building or Center or to any appurtenances or equipment thereinsidewalk abutting the Building.
Appears in 1 contract
Sources: Lease (Escala Group Inc)
Repairs. 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 (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the roof, structural defined as load bearing walls (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 than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements part of the Building; providedProperty, howeveror to its fixtures or appurtenances, that Landlord shall not be obligated for any where requiring structural or non-structural repairs, arising out of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses or related to the extent provided in Section 3(a)(iii) unless the necessity for any Tenant’s use of the foregoing arises from Premises or Property, or caused by the gross negligence or wilful and wanton misconduct improper conduct of Landlord Tenant, or its employees, in which case such cost shall not be included as part of the Operating Expenses but invitees, licensees or agents, shall be paid repaired promptly by Landlord (without prejudice to Landlord’s right to recover same from the responsible party)Tenant at it sole cost and expense. Any such maintenance, replacements or All repairs and any labor performed replacements by Tenant shall be of substantially equal quality to the original or materials furnished by material or upon the direction of Landlord part, and shall be performed in a good and workmanlike manner. The Tenant covenants and agrees that it shall not cause or permit any waste (other than reasonable wear and tear), using only materials damages, disfigurement or injury to the Leased Premises or Property, or any overloading of at least the same quality floors of the Building constituting part of the Leased Premises. The Tenant expressly covenants and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, agrees at its sole expense to replace any broken glass in the windows or other apertures of the Leased Premises, which may become damaged or injured. The Tenant shall at its own cost and expense, all repairs necessary maintain, repair and keep free and clear of ice and snow the parking areas, access drives, sidewalks, steps and approach sidewalks to maintain the Leased SpacePremises; and the Tenant shall further, including without limitationat its own cost and expense, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space exterior of the Premises free and the fixtures therein clear of paper and other debris so as to keep same in neat a good and orderly conditionmanner as reasonably prescribed by Landlord. Without limiting In the generality event the Landlord, after having given prior written notice to Tenant of its intention to do so, expends any amounts to perform the foregoingTenant’s obligation herein, then the Tenant at shall pay as additional rent its expense is specifically required to make promptly all repairs (i) to that portion share of such amounts expended as provided under the formula in Article 5 hereof. Tenant shall immediately notify the Landlord in writing of any pipes, lines, ducts, wires leaks or conduits at the Building; (ii) damage to the glass windows, plate glass doors, and roof membrane. The Landlord assumes no responsibility for any fixtures or appurtenances composed of glass and which are located within the Leased Space; (iii) damage to Tenant’s sign(s); and (iv) to Property or any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished third party’s Property held by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by Premises for any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable lawreason or causes whatsoever.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Repairs. (a) Landlord Landlord’s obligation with respect to repair as part of Basic Services shall perform all maintenancebe limited to (i) the structural portions of the Building, replacements (ii) the exterior walls of the Building, including, without limitation, glass and repairs necessary to maintain glazing, (iii) the roof, load bearing walls (other than paint iv) mechanical, electrical, plumbing and wall coveringslife 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)], floors (other than carpetingv) Common Areas, tile and similar floor coverings), foundations (vi) exterior and other structural elements portions and the mechanical and utility systems and equipment of the Building; provided, however, that Building and Centre (which do not solely serve one tenant’s space). Landlord shall maintain the same in good condition and repair. Landlord shall not be obligated for deemed to have breached any obligation with respect to the condition of any part of the Property 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 repairs until the expiration of a reasonable period of time after written notice that such repair is needednotice. The cost of same foregoing notwithstanding: (i) Landlord shall not be included in the Operating Expenses required to the extent provided in Section 3(a)(iii) unless the necessity for repair damage to any of the foregoing arises from to the gross negligence extent caused by the acts or wilful omissions of Tenant or it agents, employees or contractors, except to the extent covered by insurance carried by Landlord; and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or conduits at the Building; (ii) the obligations of Landlord pertaining to the glass windows, plate glass doors, and any fixtures damage or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense destruction by casualty shall be collectible as Additional Rentgoverned by the provisions of Paragraph 9. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right but not the obligation to approve any undertake work of repair that Tenant is required to perform under this Lease and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed that Tenant fails or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed refuses to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs perform in a manner which will keep at a minimum Landlord’s interference 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 Tenant’s use 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 occupancy no liability of the Leased Space, 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 alterations or improvements in or to any portion of the Leased SpacePremises, or the Building or Center the Centre. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.
(b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors approved by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant). Tenant shall make all repairs to the Premises not required to be made by Landlord under subparagraph (a) above with replacements of any appurtenances 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 Centre made necessary by any gross negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, or contractors, except to the extent caused in whole or in part by or the result of LL’s or LL’s employees’, agents’ or contractors’ gross negligence. 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 within thirty (30) days after written demand pay Landlord for the cost thereof, together with an administration fee equal to ten percent (10%) of such costs.
(c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear and damages caused by casualty, condemnation or Landlord or its employees’, agents’, or contractors’ gross negligence or willful misconduct excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant shall remove from the Premises any trade fixtures, furnishings and other personal property of Tenant. Tenant may remove above Building-standard fixtures installed by Tenant to serve the Premises, such as any raised floor system, UPS Systems, backup generators, and supplemental HVAC units, or any other fixtures or equipment thereinnecessary to operate Tenant’s business. If Tenant makes such election, then Tenant shall repair all damage caused by such removal. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or personal property, Tenant shall be deemed to have abandoned the same, in which case Landlord may store or dispose of the same at Tenant’s expense, appropriate the same for itself, and/or sell the same in its discretion.
Appears in 1 contract
Repairs. (a) Landlord, at its expense, shall make all necessary repairs, interior or exterior, structural or otherwise, to keep the Building, including building equipment and systems, in good order and repair, excluding, however, all repairs which Tenant is obligated to make pursuant to this Section 7.
1. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating system or electrical lines located in, servicing or passing through the Leased Premises, and following such notice, Landlord shall perform all maintenanceremedy the condition with due diligence, replacements and subject to unavoidable delay, but at the expense of Tenant if repairs necessary are necessitated by damage or injury attributable to maintain the roofTenant, load bearing walls (other than paint and wall coverings)Tenant's servants, floors (other than carpetingagents, tile and similar floor coverings)employees, foundations and other structural elements of the Buildinginvitees, or licensees; provided, however, that no liability of Landlord to Tenant shall not be obligated for any of such repairs accrue under this Lease unless and until the expiration of a reasonable period of time after written Tenant has given notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any Landlord of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not specific repair to be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereofmade.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall makeTenant, at its sole cost and expense, all repairs necessary to maintain shall take good care of the Leased SpacePremises, including without limitation, all plumbing, heating, ventilation, air conditioning building equipment and electrical lines, pipes, fixtures systems located in and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep exclusively serving the Leased Space Premises and Tenant's property and fixtures. Tenant shall make and be responsible for all repairs, interior or exterior, structural or otherwise, as and when needed to preserve the fixtures therein Leased Premises, including such building equipment and systems, and Tenant's property and fixtures, in neat good working order and orderly condition. Without limiting , the generality need for which arises out of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion the performance or existence of any pipesalteration or modification to the Leased Premises made by Tenant, lines, ducts, wires or conduits at the Building; (ii) to the glass windowsinstallation, plate glass doorsuse or operation of Tenant's property or fixtures, and any fixtures or appurtenances composed of glass and which are located within the Leased Space; (iii) to the moving of Tenant’s sign(s); 's property or fixtures in or out of the Building or in and about the Leased Premises, (iv) to any heating the acts, omission, negligence or air conditioning equipment installed in the Building. During the Termmisuse by Tenant or those holding under Tenant, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy or their use or occupancy or manner or use or occupancy of the sameLeased Premises or (v) as may be required by Article 5. All repairs made by or on behalf of Tenant shall be made and performed in conformity with the provisions of Section 7.2 and shall be at least equal in quality and class to the original construction of the Leased Premises, If the Tenant refuses or neglects fails after 10 days' notice by Landlord to proceed with due diligence to make such repairs or fails required to diligently prosecute be made by Tenant, the same to completion after written notice from may be made by Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant Tenant, and such expense the expenses of those repairs incurred by Landlord shall be collectible reimbursed immediately as Additional Rent. Any such repairs and any labor performed Rent after submission of a ▇▇▇▇ or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor statement for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Lease Agreement (Inflow Inc)
Repairs. (a) SECTION 8.1. Landlord shall perform all maintenancekeep the foundations, replacements and repairs necessary to maintain structural portions of the roof, load bearing exterior walls (other than paint except plate glass or glass) and wall coverings)roof and all heating, floors air conditioning, ventilation, (other than carpetingexcept heating, tile air condition and similar floor coverings)ventilation systems serving the leased premises) electrical and plumbing systems exterior to the leased premises in good repair and, foundations if necessary or required by proper governmental authority, make modification or replacements thereof; provided that Landlord shall make, at Tenant's expense: (1) all repairs, modifications or replacements to the heating, ventilation, and other structural elements air conditioning equipment serving the leased premises solely even if located outside the leased premises and (2) any such repairs, modifications or replacements which become necessary or desirable by reason of the Building; providedact or negligence of Tenant, howeverits agents, that servants or employees, or by reason of any illegal entry into or upon the leased premises.
SECTION 8.2. Except as provided in Section 8.1 of this Article VII the Landlord shall not be obligated for obliged to make repairs, replacements or improvements of any kind upon the leased premises, or any equipment, facilities or fixtures therein contained, which shall at all times be kept in good order, condition and repair by Tenant, and in a clean, sanitary and safe condition and which shall not violate any applicable laws, ordinances and regulations of any governmental authority having jurisdiction. Tenant shall permit no waste, damage or injury to the leased premises.
SECTION 8.3. Tenant shall forthwith at its own cost and expense replace with glass of the same quality any cracked or broken glass, including plate glass or glass and any interior and exterior windows and doors in the leased premises, and any interior and exterior windows and doors in the leased premises. If specifically required by Landlord, Tenant shall maintain a policy or policies in companies acceptable to Landlord insuring Landlord and Tenant, as their interests may appear, against breakage of all such repairs until glass in the leased premises and shall deposit, such policy or policies or certificates evidencing their existence, together with evidence of the payment of the premiums thereon, with Landlord at the commencement of the term and at least thirty (30) days prior to the expiration of a reasonable period of time after written notice that each such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereofpolicy.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Repairs. The Landlord, at its own expense, shall promptly repair or replace any and all defects in the Landlord Improvements and Common Areas and all latent defects in the Tenant Improvements. Landlord shall also maintain, repair and replace: (a) Landlord shall perform all maintenancethe structural integrity of the Building (including, replacements and repairs necessary to maintain but not limited to, the rooffoundation, load bearing the exterior walls (other than paint and wall coveringsbut, excluding exterior glass), floors the supporting framework, the floor slab (other than carpeting, tile and similar exclusive of any floor coverings), foundations and other structural elements of roof); (b) the Building; providedCommon Areas, however, that Landlord which shall not be obligated for any of such repairs until maintained in accordance with the expiration standards of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in Class A office park for the Operating Expenses to the extent provided in Section 3(a)(iiiResearch Triangle Park, North Carolina area; and (c) unless the necessity for any of the foregoing arises damages resulting from the gross negligence or wilful and wanton misconduct of Landlord its 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)agents, or invitees negligent or willful acts. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction Repairs required of Landlord shall be performed made within a reasonable time (depending on the nature of the repair needed) after Landlord receives notice from Tenant, or has actual knowledge, of the need for the repair. Except as assigned to Landlord above, Tenant, at its own expense, shall maintain and repair the Premises (including, but not limited to the repair and replacement of the exterior glass, mechanical, plumbing, electrical systems, interior walls, floors, ceilings, security systems, the sprinkler system, and the monitoring systems) and otherwise make all repairs relating to the Premises. All repairs to be made by Tenant shall be made promptly, in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated paid for repairs as provided above or in Section 11, by Tenant shall make, at its sole cost and expense, all repairs necessary allowing no liens to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or conduits at the Building; (ii) attach either to the glass windows, plate glass doors, and any fixtures Premises or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); leasehold interest, and (iv) so as not to any heating unreasonably disturb or air conditioning equipment installed inconvenience other tenants in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve require Tenant to provide such assurances as Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect Landlord against unpaid work and to require that any and all work be performed only by duly licensed contractors and suppliers who furnish materials subcontractors approved by Landlord. Landlord shall make available to Tenant any warranties Landlord has received which are applicable to the repairs to be performed by Tenant. Tenant shall reimburse Landlord for all costs incurred by Landlord (over and labor above those amounts reimbursed by insurance carried by Landlord), along with a ten percent (10%) overhead fee, for such repairsall repairs to the Common Areas, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result Building arising out of Tenant’s particular activities or its employees, agents, or invitees, negligent or willful acts. Continuously throughout the Term, Tenant shall maintain, at its expense, a maintenance contract covering the Leased Space HVAC system located in or serving exclusively the Premises with a service contractor acceptable to and approved by Landlord. This contract shall provide for routine maintenance, including, but not limited to, timely changing of all filters (as opposed to general occupancy thereof by any tenantat recommended intervals), Tenant also shall comply withadjustment and inspection of air handling mechanisms and control equipment, and make any repairs performance of necessary lubrication, testing, and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts other such normal maintenance procedures. Notwithstanding the preceding to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Spacecontrary, Landlord shall not be liable by reason reserves the right to arrange for the HVAC system maintenance contract and charge Tenant for the reasonable costs of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinthat contract.
Appears in 1 contract
Sources: Sublease Agreement (Larscom Inc)
Repairs. (a) Landlord shall perform make all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), coverings on the interior surface of such walls) floors (other than carpeting, tile and similar floor coverings), ) and foundations and other structural elements of the Building, and plumbing and electrical fixtures and equipment serving portions of the Building in addition to the Leased Space; provided, however, that In no event shall Landlord shall not be obligated for to repair any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for damage caused by any act, omission or negligence of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord Tenant or its employees, agents, invitees, licensees, subtenants or contractors. If Landlord fails to effectuate such repairs within a reasonable time, Tenant shall provide Landlord with written notice and reasonable opportunity to cure the same, and if it is not so cured, Tenant may effectuate such repairs, in which case Tenant may deduct the cost and expense of performing 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 repairs from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction next installments of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereofMinimum Annual Rent due.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11above, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment located within the Leased Space not expressly to be by maintained by Landlord pursuant to subparagraph subsection (a) and shall keep the Leased Space and the fixtures therein in neat and orderly conditioncondition normal wear and tear excepted. 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 contained within the BuildingSpace; (ii) to the glass windows, plate glass doors, and any fixtures or appurtenances composed of glass and which are located within the Leased Spaceglass; (iii) to Tenant’s sign(s)'s sip; and (iv) to any heating or air conditioning equipment installed in or servicing the BuildingLeased Space; and (v) to the Space or to any part of the Center when such repairs are necessitated by any act or omission (negligent or otherwise) of Tenant or Tenant's agents or employees, or by failure of Tenant to perform any of its obligations under Lease. During the Term, Tenant at its own expense shall keep in place enter into a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, for the entire Term, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs repairs, or fails to diligently prosecute the same to completion completion, or fails to enter into the aforementioned maintenance contract, after written notice from Landlord of the need therefore and a reasonable time for curetherefor, Landlord Landlord, may make such repairs or enter into such maintenance contract at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished furnished in, on or about the Leased Space shall be performed and furnished held by Tenant in strict compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who to furnish materials and labor for such repairs, which consent . Landlord shall not be unreasonably withheldwithhold its consent to Tenant's providing, delayed or conditionedin lieu of a maintenance contract as required above, a full time, qualified employee on site who is responsible for maintenance of the heating, ventilation and air conditioning system.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s 's interference with Tenant’s 's use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Lease Agreement (3 Dimensional Pharmaceuticals Inc)
Repairs. (a) Landlord shall perform all maintenanceshall, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coveringsat its sole expense(unless need for repair is caused by Tenant), floors (other than carpeting, tile maintain and similar floor coverings), foundations promptly repair the public and other structural elements portions of the Building; provided, howeverboth exterior and interior, that and all Building wide mechanical systems, elevators and the roof of the Building. Tenant shall, throughout the Term, take good care of the Premises and the fixtures and appurtenances therein and at Tenant's sole cost and expense, make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted. Tenant shall pay Landlord shall not be obligated for any of such repairs until all replacements to the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included lamps, tubes, ballasts and starters in the Operating Expenses lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the extent provided in Section 3(a)(iii) unless the necessity for Premises or to any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as other part of the Operating Expenses but Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, resulting from the negligence or wrongful acts of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant or any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant's subtenants, agents, employees, invitees or licensees, shall be paid repaired promptly by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall makeTenant, at its sole cost and expense, to the commercially reasonable satisfaction of Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs necessary shall be of quality and class substantially equal 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) original work or construction and shall keep be made in accordance with the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality provisions 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the sameArticle 3 hereof. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written twenty (20) days notice from Landlord of to proceed with due diligence to make repairs required to be made by Tenant hereunder, and if Landlord thereafter elects to make any repairs in or to the need therefore Building or the facilities and a reasonable time systems thereof for curewhich Tenant is responsible, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant Tenant, and such expense the expenses thereof incurred by Landlord shall be collectible by Landlord as Additional Rentadditional rent promptly after rendition of a ▇▇▇▇ or statement therefor. Any such repairs and Tenant shall give Landlord prompt notice of any labor performed defective condition in the Premises for which Landlord may be responsible hereunder. Except as expressly provided in Article 10 hereof or materials famished inelsewhere in this Lease, on or about the Leased Space there shall be performed no allowance to Tenant for a diminution of rental value and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements no liability on the part of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any inconvenience, annoyance or injury to or interference with Tenant’s business arising from the making of Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Leased SpaceBuilding, or the Building Premises, or Center in or to any appurtenances fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be reasonably approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Premises are temporarily darkened, if required by law, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of Rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction.
Appears in 1 contract
Repairs. (a) Landlord shall perform all maintenancerepair, replacements maintain and repairs necessary to maintain as necessary, replace, the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building, and all plumbing and electrical fixtures and equipment and HVAC system components serving the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises (a) from the gross negligence or wilful willful and wanton misconduct of Landlord or its employees or, subject to Section 3(a)(iii)(i) hereof, by any other tenant of the Center or such tenant’s agents, employees, licensees, or invitees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party), or (b) negligence or willful and wanton misconduct of Tenant, its agents, employees, licensees or invitees, in which case such cost shall be paid by Tenant. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished furnished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities or central bodies having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who to furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business Business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Lease Agreement (Viropharma Inc)
Repairs. (a) Tenant shall keep, maintain and preserve the Premises in good order, condition and repair, and shall, when and if needed, at Tenant's sole cost and expense, make all repairs to the Premises and every part thereof, including, without limitation, the interior surfaces of the ceilings, walls and floors, all doors, all interior windows, all non-standard plumbing, pipes, electrical wiring, light fixtures and bulbs, switches, furnishings, signs and special items and equipment installed by or at the expense of Tenant. Landlord shall perform all maintenancehave no obligation to alter, replacements remodel, improve, repair, decorate or paint the Premises or any part thereof. Tenant and repairs necessary Landlord affirm that Landlord has made no representations to maintain Tenant respecting the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements condition of the Building; providedPremises, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereofCommon Areas, or the Project except as specifically set forth in this Lease.
(b) Except as Anything Contained in Paragraph 15
(a) to the contrary notwithstanding, Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost repair (including any necessary replacements) and expense, all repairs necessary to maintain the Leased SpaceCommon Areas, including without limitationthe landscaping, all parking areas and exterior lighting, and the structural portions of the Building and the Building plumbing, heating, ventilationventilating, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space systems and the fixtures therein in neat and orderly condition. Without limiting the generality costs 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space maintenance shall be performed and furnished by Tenant included in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining theretoOperating Expenses. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for any unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Paragraph 23, there shall be no abatement of rent to the extent of any insurance proceeds payable to Tenant under insurance policies which Tenant maintains or is required to carry under this Lease and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Leased SpaceBuilding, the Premises, the Common Areas, or the Building Project or Center in or to any fixtures, appurtenances or and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, state or ordinance flow or hereafter in effect. No provisions of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly provided under this Lease.
(c) Tenant shall be responsible for the maintenance of all telephone cable, and any fiber optic wiring serving the Premises (collectively the "Building Cable"). Landlord shall not be responsible and shall have no liability for interruption in or failure of telephone or electronic data transmission services. Tenant shall abide by all reasonable written and nondiscriminatory rules and regulations hereafter promulgated by Landlord regarding access to the Building Cable. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, losses, liabilities, costs and expenses, including without limitation, actual attorneys' fees, incurred by Landlord and related to Tenant's access to or work performed in connection with the Building Cable.
(d) At Landlord's election as part of Operating Expenses, Landlord may elect from time to time to procure and keep in effect as part of Operating Expenses, the following maintenance and service contacts: (i) landscaping, (ii) heating, ventilation and air conditioning equipment (iii) boiler, fired or unfired pressure vessels, (iv) fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems including fire alarm and/or smoke detection systems, (v) roof covering and drain maintenance, and (vi) asphalt and parking lot maintenance.
Appears in 1 contract
Sources: Lease Agreement (Infocrossing Inc)
Repairs. (a) Landlord Tenant shall perform all maintenance, replacements and repairs necessary to maintain the roofLeased Premises in good condition and repair, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall makeresponsible, at its sole cost and expense, for all interior maintenance and repair of the Leased Premises, including without limitation all interior and mechanical repairs, and all equipment, utilities and systems at or within the Leased Premises and all exterior maintenance and repair. Tenant shall promptly make any and all necessary repairs required hereunder at its sole cost and expense, provide however that for any repairs or replacements required to be made by Tenant to the mechanical, electrical, sanitary, ventilating, air conditioning or other systems of the Leased Premises, or which may affect the Resort or the exterior or interior structure of any building thereat, Tenant shall first provide notice to and obtain written consent from Landlord as to the work, contractor and materials. If Tenant fails to make any necessary repairs required hereunder, or to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein Premises 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 least as good condition as 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cureEffective Date, Landlord may make any such repairs at the required hereunder and collect all expense of Tenant and such expense shall be collectible therefor as Additional Rent. Any such repairs and any labor performed Notwithstanding anything to the contrary stated herein, Landlord reserves the light to install, erect, use, maintain, alter or materials famished in, on or about repair the Leased Space shall be performed and furnished by Tenant Premises in compliance with all applicable lawsany manner as it may deem necessary or reasonable, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over except that the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent same shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference interfere with Tenant’s 's use and occupancy enjoyment of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from Premises for the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinpurposes provided herein.
Appears in 1 contract
Sources: Assignment of Lease Agreement (Kisses From Italy, Inc.)
Repairs. (a) Landlord shall perform all maintenanceTenant from and after the delivery date, replacements and repairs necessary to maintain until the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements end of the Building; providedLease Term, however, agrees that Landlord shall not it will be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall makeresponsible, at its sole cost and expense, for all repairs necessary repairs, maintenance, and replacements to maintain the Leased SpacePremises, including without limitationbut not limited to the interior and exterior portions of all doors, all windows, plate glass; the mechanical, plumbing, heating, ventilationair conditioning, air conditioning ventilating, and electrical linesequipment and systems; partitions and all other fixtures, pipesappliances, fixtures the structural components and roof and exterior walls of the Building, all grounds, parking lots, facilities, gutters, sidewalks, curbs and other paved walkways and areas on and adjacent thereto, exterior lighting fixtures, water, sewer, gas and other utility connections, pipes and mains, and all other fixtures, machinery and equipment not expressly now or hereafter serving the same, and ▇▇▇▇▇▇ agrees to be maintained by Landlord pursuant to subparagraph (a) put, keep and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality maintain all of the foregoingforegoing in safe, 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 doorssound, and any fixtures lawful order and condition and facilities furnished or appurtenances composed of glass and which are located within the Leased Space; (iii) to installed by Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed . All work in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space Premises shall be performed and furnished by Tenant in a good and workmanlike manner in compliance with all applicable governmental laws, codes, rules, and regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements free of any board of underwriters having jurisdiction thereofliens for labor and materials, and subject to such reasonable requirements as well as any reasonable regulations imposed by Landlord pertaining theretomay impose. Without limitation of the foregoing, Landlord shall have the right to approve post the Premises with a notice of a non-liability in connection with any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed work performed by or conditioned.
(c) If required solely as a result on behalf of Tenant’s particular activities at . Tennant shall maintain the Leased Space (as opposed HVAC system, electrical system, landscaping, parking lot maintenance and snow removal, the cost of which shall be the responsibility of Tenant. If Tenant fails to general occupancy thereof by maintain any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that of these items then Landlord shall exercise reasonable efforts have the right to effectuate its repairs in enter into a manner maintenance contract for the HVAC system, electrical system, landscaping, parking lot maintenance and snow removal, the cost of which shall be the responsibility of Tenant and will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or added to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.NNN amount owed each month.
Appears in 1 contract
Repairs. (a) Landlord shall perform all maintenancenot be required to make any repairs or improvements of any kind upon or to the Premises, replacements and except for necessary repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements repairs to the exterior of the Building; providedbuilding (excluding the interior of all walls and the exterior and interior of all windows, howeverglass, showcases, doors, door frames and bucks) of which the Premises forms a part and the sewer and water lines servicing the Premises that Landlord shall not be obligated for any are located outside of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) Premises, unless the necessity for any of the foregoing arises from the gross such repairs shall have been occasioned by any action, omission to act or negligence of Tenant, its assignees, subtenants, invitees, concessionaires or wilful and wanton misconduct of Landlord licensees, or its their respective employees, agents, or contractors, in which case event Tenant agrees to make such repairs, at Tenant’s sole cost and expense. Landlord shall not be included as part required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of the Operating Expenses but an emergency, shall be paid by in writing and shall allow Landlord (without prejudice a reasonable time in which to Landlord’s right to recover same from the responsible party)commence and complete such repair. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall use reasonable efforts to do said repair work with minimum inconvenience, annoyance, disturbance or loss of business to Tenant, as may be performed reasonably possible under the circumstances consistent with accepted construction practice in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replacedvicinity, and performed so that such work shall be expeditiously completed, but in no event shall Landlord be required to incur any additional expenses for work to be done during hours or days other than regular business hours and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereofdays.
(b) Except as Subject to the Landlord is obligated for repairs as provided above or in provisions of Section 1113(a), Tenant shall make, agrees at its Tenant’s sole cost and expenseexpense to keep and maintain the Premises and each and every part thereof in good repair, order and condition and to make all repairs necessary and replacements thereto, and to maintain the Leased Spacefixtures and equipment therein and the appurtenances thereto, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to the exterior and interior windows and window frames, doors and door frames, entrances, store fronts, including store front metal work, signs, showcases, floor coverings, interior walls, partitions and the lighting, electrical heating, air conditioning, plumbing, and sewage systems, equipment, fixtures and facilities within and serving the Premises, and the floor slab and that portion of any pipes, lines, ducts, wires or conduits installed by Landlord or Tenant contained under, above or within, and exclusively serving, the Premises. Tenant shall keep and maintain the Premises in a first-class and attractive condition throughout the Lease Term. Tenant shall replace all damaged or broken glass with glass of equal quality with that broken or damaged, except in the case of damage or destruction by fire or other insurable casualty or by eminent domain, the obligations of Landlord and Tenant shall be controlled as hereinafter provided.
(c) Tenant may, without prior notice to Landlord, at Tenant’s sole cost and expense paint, paper or change floor coverings in and to the Buildinginterior of the Premises only, provided that (i) the structural integrity of the building shall not be affected or diminished; (ii) to the glass windowsvalue of the building, plate glass doorswhich is part of the Premises, and any fixtures or appurtenances composed of glass and which are located within the Leased Spaceis not thereby diminished; (iii) the exterior appearance of the Premises, is not thereby altered or changed. In all other instances, Tenant shall secure prior written approval and consent of Landlord.
(d) Tenant shall submit to Landlord plans and specifications for any such remodeling work, together with a statement of the estimated cost of such work and the name of the proposed contractor whom Tenant proposes to engage to perform the same within sixty (60) days prior to the date Tenant is to commence any such remodeling work. After receiving Landlord’s written approval, and prior to the commencement of any such work, Tenant agrees to deliver to Landlord a policy or certificate of workmen’s compensation insurance in statutory limits from Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy contractor as well as evidence of the samemaintenance by Tenant of the insurance coverages to be maintained by Tenant hereunder. If the Tenant refuses or neglects to make such repairs or fails to Such work may thereupon be commenced and shall be diligently prosecute the same prosecuted to completion after written notice from Landlord of the need therefore in accordance with such approved plans and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant specifications and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance accordance with all applicable laws, regulationsordinances, ordinances rules and requirements of duly constituted authorities having jurisdiction over Landlord’s insurance carriers, subject, however, to the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result terms of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, indemnity set forth herein and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury obligation to or interference with insure such assumed liability under Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinComprehensive General Liability policy.
Appears in 1 contract
Sources: Lease Agreement (1847 Holdings LLC)
Repairs. (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain During the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements entire term of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11this Lease, Tenant shall make, at its sole cost and expenseexpense keep, maintain, repair and replace the Premises and every part thereof, including but not limited to, all repairs necessary to maintain the Leased Spaceplate glass and other glazing, show windows and entrance doors, signs, fixtures, equipment and appurtenances thereof (including without limitationlighting and plumbing fixtures, all plumbing, heating, ventilation, and any air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (asystem) and floor covering, in good and sanitary order, condition and repair fit for occupancy (including reasonably periodic painting and termite and other pest treatment of the interior), and cause the Premises to conform to the requirements of any governmental authority by reason of the use to which Tenant may put the Premises, and engage a responsible maintenance contractor to keep all mechanical equipment operating at a maximum efficiency at all times; upon the expiration or any earlier termination of this Lease, Tenant shall keep deliver the Leased Space Premises to Landlord in good and sanitary order, condition and repair, reasonable wear excepted, and put all such equipment in as good working order and condition as the fixtures therein same was in neat and orderly conditionat the start of the Lease or any subsequent installation date, reasonable wear excepted. Without limiting the generality of the foregoing, Tenant shall at its sole cost and expense is specifically required to perform each and every obligation set forth in this Lease. Tenant shall not make promptly all repairs (i) to that portion of any pipeschanges, lines, ducts, wires or conduits at the Building; (ii) additions to the glass windows, plate glass doors, and any fixtures or appurtenances composed of glass and which are located within Premises without the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy prior written consent of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairsLandlord, which consent shall not be unreasonably withheld, delayed . All additions made by Tenant shall become part of the Premises and shall be the property of Landlord. Tenant shall not permit any lien to stand against the Premises for labor or conditioned.
(c) material furnished or claim to have been furnished to Tenant or at its discretion or sufferance. If required solely as a result of Tenant’s particular activities at any such lien shall be filed against the Leased Space (as opposed to general occupancy thereof by any tenant)Premises, Tenant also shall comply withcause the same to be discharged within the ten (10) days after actual notice of such filing, and make any repairs and installations required by any applicable law.
(d) Provided that payment, deposit or bond. Landlord shall exercise reasonable efforts have the right to effectuate its repairs in a manner post and keep posted on the Premises any notices which will keep at a minimum Landlord’s interference with Tenant’s use Landlord may deem to be proper for protection from liens. The right to approve and occupancy control all signs and advertising devices on or visible from the exterior of the Leased Space, Landlord shall not be liable Premises is reserved by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment thereinLandlord.
Appears in 1 contract
Sources: Lease Agreement (FNB Bancorp/Ca/)
Repairs. From and after the commencement of and during the Term, the Tenant shall, at its own cost and expense: (ai) Landlord shall perform all maintenancemake interior non-structural repairs, replacements and repairs renewals necessary to maintain keep the roofPremises in as good condition, load bearing walls (other than paint order and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements repair as the same are at the commencement of the Building; providedTerm or thereafter may be put, reasonable wear and use and damage by fire or other casualty only excepted (it being understood, however, that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Premises in good order, repair and condition), (ii) make all other repairs, replacements and renewals which are required due to the negligence or misconduct of the Tenant (except that Tenant's costs to make the repairs shall be reduced by the amount of any insurance proceeds received by Landlord to cover the costs of any such repair or replacement), and (iii) keep and maintain all portions of the Premises in a clean and orderly condition, free of accumulation of dirt, rubbish, and other debris. All repair, replacement and usage costs incurred in connection with the operation of the heating, ventilation and air conditioning exclusively servicing the Premises shall be the responsibility of the Tenant. Tenant shall, at Tenant's expense, maintain service contract(s) for such systems and, on request of Landlord, provide a copy of such contract(s) and evidence of payment therefor. From and after the commencement of and during the Term, the Landlord shall not be obligated for any of such repairs until make all necessary repairs, replacements and renewals, interior and exterior, structural and non-structural, to: keep the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any roof of the foregoing arises from the gross negligence or wilful Building free of leaks and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Spacefoundation, including without limitationfloor slabs and other structural supports of the Building in good and sound condition, except for maintenance and repairs occasioned by the acts or negligence of the Tenant or its agents excepted unless such acts or negligence are covered by the release provided in Paragraph 8 hereof; keep the Building and all plumbingelectrical, mechanical, heating, ventilationventilating and air conditioning, air conditioning plumbing and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space other building systems and the fixtures therein parking areas, sprinklers and other improvements on the Property in neat as good condition, order and orderly condition. Without limiting repair as the generality same are at the commencement of the foregoingTerm or thereafter may be put, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion damage by fire or other casualty only excepted. The costs and expenses of any pipesLandlord's repairs, lines, ducts, wires or conduits at the Building; (ii) to the glass windows, plate glass doors, replacements and any fixtures or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense renewals shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedconsidered Common Expenses under Paragraph 6 hereof.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
Appears in 1 contract
Sources: Lease (Cidra Corp)
Repairs. (a) Landlord 12.01 Tenant shall perform all maintenance, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements take good care of the Building; providedPremises, howeverincluding, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense the Building, all Equipment, roofs, foundations and appurtenances thereto, all sidewalks, and curbs in front of or adjacent to the Premises, and all water, sewer and gas connections, pipes and mains which service the Premises and which neither City nor a utility company is specifically required obligated to repair and maintain, and shall put, keep and maintain the Building in good and safe order and working condition, and make promptly all repairs (i) therein and thereon, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, necessary to that portion keep the same in good and safe order and working condition and to comply with all applicable Requirements, in a manner consistent with the standards of any pipesoperation and maintenance employed at buildings and improvements located in the Greater Metropolitan Denver area of comparable size, lines, ducts, wires or conduits at age and class as the Building; , normal wear and tear excepted (ii) the "Maintenance Standard"). Tenant shall not commit or suffer, and shall use all reasonable precaution to prevent, waste, damage or injury to the glass windowsPremises. When used in this Lease, plate glass doorsthe term "repairs" shall include all alterations, additions, installations, replacements, removals, renewals 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 Buildingrestorations. During the Term, All repairs made by Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs at least consistent with the Maintenance Standard and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant made in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereofRequirements, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedthen in force.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, 12.02 Landlord shall not be liable by reason of required to furnish any injury services, utilities or facilities whatsoever to the Premises, nor shall Landlord have any duty or interference with Tenant’s business arising from the making of obligation to make any repairsalteration, alterationschange, additions improvement, replacement, restoration or improvements in repair to, or to the Leased Spacedemolish, or the Building or Center any other improvement presently or to any appurtenances or equipment thereinhereafter located on the Land. Tenant assumes the full and sole responsibility for the condition, operation, repair, alteration, improvement, replacement, maintenance and management of the Premises.
Appears in 1 contract
Repairs. (a) Landlord shall perform all maintenanceshall, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coveringsat its sole expense(unless need for repair is caused by Tenant), floors (other than carpeting, tile maintain and similar floor coverings), foundations promptly repair the public and other structural elements portions of the Building; provided, howeverboth exterior and interior, that and all Building wide mechanical systems, elevators and the roof of the Building. Tenant shall, throughout the Term, take good care of the Premises and the fixtures and appurtenances therein and at Tenant’s sole cost and expense, make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted. Tenant shall pay Landlord shall not be obligated for any of such repairs until all replacements to the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included lamps, tubes, ballasts and starters in the Operating Expenses lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the extent provided in Section 3(a)(iii) unless the necessity for Premises or to any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as other part of the Operating Expenses but Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, resulting from the negligence or wrongful acts of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant or any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant’s subtenants, agents, employees, invitees or licensees, shall be paid repaired promptly by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall makeTenant, at its sole cost and expense, to the commercially reasonable satisfaction of Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the moving of Tenant’s fixtures, furniture or equipment. All the aforesaid repairs necessary shall be of quality and class substantially equal 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) original work or construction and shall keep be made in accordance with the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality provisions 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the sameArticle 3 hereof. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written twenty (20) days notice from Landlord of to proceed with due diligence to make repairs required to be made by Tenant hereunder, and if Landlord thereafter elects to make any repairs in or to the need therefore Building or the facilities and a reasonable time systems thereof for curewhich Tenant is responsible, Landlord the same may make such repairs be made by Landlord, at the expense of Tenant Tenant, and such expense the expenses thereof incurred by Landlord shall be collectible by Landlord as Additional Rentadditional rent promptly after rendition of a b▇▇▇ or statement therefor. Any such repairs and Tenant shall give Landlord prompt notice of any labor performed defective condition in the Premises for which Landlord may be responsible hereunder. Except as expressly provided in Article 10 hereof or materials famished inelsewhere in this Lease, on or about the Leased Space there shall be performed no allowance to Tenant for a diminution of rental value and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements no liability on the part of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any inconvenience, annoyance or injury to or interference with Tenant’s business arising from the making of Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Leased SpaceBuilding, or the Building Premises, or Center in or to any appurtenances fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant’s expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be reasonably approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Premises are temporarily darkened, if required by law, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of Rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction.
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Repairs. (a) Tenant shall give to Landlord shall perform all maintenanceprompt written notice of any damage to, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements or defective condition in any part or appurtenance of the Building; provided’s plumbing, howeverelectrical, heating, air-conditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of this Section 20, the Tenant shall, at the Tenant’s own expense, keep the Premises in good order, condition and repair during the Term, except that the Landlord, at the Landlord’s expense (unless caused by the fault or negligence of the Tenant, its contractors, agents, or employees) shall keep in repair the elevators, electrical lines, plumbing fixtures located in the Building (except those installed by Tenant) heating and air-conditioning equipment, outside walls, including windows, and roof. In addition, if any damage to the Building or Premises results from any act or neglect of Tenant or Tenant’s agents, employees or invitees, the Landlord may, at the Landlord’s option, repair such damages and the Tenant shall thereupon pay to the Landlord the total cost of such repair. The Tenant at the Tenant’s expense, shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to the Tenant’s use thereof, except that the Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a 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 obligated for required to repair any of such injury or damage by fire or other cause, or to make any repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or 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 other property installed in the Building. During Premises by the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedTenant.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
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Repairs. (a) Tenant shall give to Landlord shall perform all maintenanceprompt written notice of any damage to, replacements and repairs necessary to maintain the roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements or defectivecondition in any part or appurtenance of the Building; provided’s plumbing, howeverelectrical, 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 obligated for required to make any repairs or replacements of such repairs until any panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or any other property installed in the expiration of a reasonable period of time after written notice that such repair is neededPremises by the Tenant. The cost of same Landlord shall be included in responsible for repairs and restoration of the Operating Expenses Premises to the extent expressly provided in Section 3(a)(iii) unless this lease, including the necessity for any provisions of Article 13 hereof, and to the foregoing arises from extent, that the gross negligence duties of repair or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall restoration are not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or imposed upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality provisions 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 a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditionedthis lease.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or the Building or Center or to any appurtenances or equipment therein.
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Sources: Lease Agreement (American Railcar Industries, Inc./De)