Common use of Repairs Clause in Contracts

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 2 contracts

Sources: Lease (Schnitzer Steel Industries Inc), Lease (Schnitzer Steel Industries Inc)

Repairs. 10.18.3.1. Except for damage by casualty as provided under Section 11 The Landlord, at its own expense, shall promptly repair or as otherwise provided replace any and all defects in Section 10.3 belowthe Landlord Improvements and Common Areas and all latent defects in the Additional Tenant Improvements. Landlord shall also maintain, Tenant shall keep repair and replace: (a) the Premises, whether structural or non-structural integrity of the Building (including, without limitation: but not limited to, the ceilingsfoundation, wallsthe exterior walls (but, floor-coverings, wall-coverings, doors, excluding 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), landscapingthe supporting framework, parking areas the floor slab (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repairexclusive of any floor coverings), and roof and roof membrane); (b) the Common Areas, which shall be maintained in compliance accordance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay standards of a Class A office park for the sameResearch Triangle Park, at Tenant’s sole cost North Carolina area; and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for c) any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or damages resulting from the Premises, or by Tenant its or its employees, agents, contractorsor 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 visitors. 10.2has actual knowledge, of the need for the repair (except that if the repair cannot be reasonably cured within that period, Landlord shall not be in default so long as it promptly and diligently pursues completion of the repair). Notwithstanding anything 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 contrary in Section 10.1 above, LandlordPremises. All repairs to be made by Tenant shall be made promptly, in its sole discretiona workmanlike manner, may paid for by Tenant allowing no liens to attach either to the Premises or to Tenant’s leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the Building. Landlord shall have the right to require Tenant to contract provide such assurances as Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect Landlord against unpaid work and to require that any work be performed only by duly licensed contractors and subcontractors approved by Landlord. Landlord shall make available to Tenant any warranties Landlord has received which are applicable to the repairs to be performed by Tenant. Tenant shall reimburse Landlord for all costs incurred by Landlord (over and above those amounts reimbursed by insurance carried by Landlord), along with a ten percent (10%) overhead fee, for all repairs to the Common Areas, or Building arising out of Tenant’s or its employees, agents, or invitees, negligent or willful acts. Continuously throughout the Term, Tenant shall maintain, at its expense, a maintenance contract covering the HVAC system located in or serving exclusively the Premises with a service contractor designated 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 defined below) is caused by Tenant’s 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 need for an HVAC Capital Repair is received from the Tenant, shall, at its own expense, promptly and diligently cause the HVAC Capital Repair to be made. Tenant shall nevertheless reimburse the Landlord for the monthly maintenance first $2500.00 of the heating, ventilating and air conditioning equipment serving reasonably necessary costs incurred by Landlord in completing the Premises, or Landlord may contract with a 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 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 LandlordHVAC Capital Repair. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 2 contracts

Sources: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)

Repairs. 10.1Landlord shall maintain in good condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, “Building Structure”) and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems, roof membrane and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowSubject to the terms of Article 11, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant’s negligence or willful misconduct, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, 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, heatingequipment, air-conditioninginterior window coverings and furnishings therein, ventilationand the floor or floors of the Building on which the Premises is located, electricalin good order, sprinkler repair and mechanical facilitiescondition at all times during the Lease Term, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements but such obligation shall not extend to the Premises whether installed by Landlord or Tenant) in good Building Structure and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewiththe Building Systems except pursuant to the BS/BS Exception. In the event that any repairs or maintenance are requiredaddition, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, but under the supervision and such work shall be performed in a first classsubject to the prior approval of Landlord, workmanlike manner and using replacement parts within any reasonable period of comparable time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or better qualityrepair all damaged, style, materialsbroken, or construction. All worn fixtures and appurtenances, but such repairs obligation shall not extend to the Building Structure and maintenance shall be approved the Building Systems except pursuant to the BS/BS Exception, except for damage caused by Landlord in advance in writing unless ordinary wear and tear or beyond the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements reasonable control of items shall be of the same sizeTenant; provided however, qualitythat, color and design as the items replaced. If at Landlord’s option, or if Tenant does not promptly fails to make such arrangementsrepairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not in excess of five percent (5%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs paid or incurred 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 in accordance with the terms of Article 27 below to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything performed in a manner so as not to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixturesmaterially interfere with Tenant’s use of, or other property to or from access to, the Premises; provided that, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs items (ii) and (iii) above, Landlord shall be limited use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the structural parts Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the PremisesCalifornia Civil Code or under any similar law, which structural parts include only the roofstatute, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationor ordinance now or hereafter in effect.

Appears in 2 contracts

Sources: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant’s own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to floor or floors of the Building on which the Premises whether installed by Landlord or Tenant) are located, in good order, repair and sanitary condition and repair, and in compliance with at all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewithtimes during the Lease Term. In the event that any repairs or maintenance are requiredaddition, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, but under the supervision and such work shall be performed in a first classsubject to the prior approval of Landlord, workmanlike manner and using replacement parts within any reasonable period of comparable time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or better qualityrepair all damaged, style, materialsbroken, or construction. All such repairs worn fixtures and maintenance shall be approved appurtenances, except for damage caused by Landlord in advance in writing unless ordinary wear and tear or beyond the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements reasonable control of items shall be of the same sizeTenant; provided however, qualitythat, color and design as the items replaced. If at Landlord’s option, or if Tenant does not promptly fails to make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the reasonable cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) 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 be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or incurred by willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord therefor shall be reimbursed by Tenant promptly after request nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease’s insurance, Tenant shall indemnify only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times and pay for upon reasonable notice (if possible) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any repairs equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and maintenance to areas all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises made necessary in whole California Civil Code or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 2 contracts

Sources: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.)

Repairs. 10.1Section 6.01. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowArticles 10 and 14, Tenant shall keep take good care of the PremisesDemised Premises and the fixtures wholly contained therein and all portions of the HVAC, 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 extinguishersmechanical, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler electrical systems wholly contained within and mechanical facilities, including exclusively serving the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repairDemised Premises, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s its sole cost and expense, expense make all repairs thereto as and such work shall be performed when needed to preserve them in a first class, workmanlike manner good working order and using replacement parts of comparable or better quality, style, materials, or constructioncondition. All such repairs and maintenance shall be approved damage or injury to the Demised Premises or the Building or to any building equipment or systems caused by Landlord Tenant moving property in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be or out of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, Building or by Tenant installation or removal of personalty or resulting from negligence or conduct of Tenant, its employees, agents, contractors, customers, invitees and visitors, shall be repaired, promptly by Tenant at Tenant's expense, and whether or visitorsnot involving structural changes or alterations, to the satisfaction of Landlord. All repairs shall include replacements or substitutions where necessary and shall be at least equal to the quality, class and value of the property repaired, replaced or substituted and shall be done in a good and workmanlike manner. 10.2Section 6.02. Notwithstanding anything Landlord, at its expense, shall maintain and make all repairs and replacements, structural and otherwise, to the contrary in exterior and public portions of the Building, the Building systems up to its connection with the Demised Premises, and to the Demised Premises, unless Tenant is required to make them under the provisions of Section 10.1 above, Landlord6.01 or unless required as a result of the performance or existence of alterations performed by Tenant or on Tenant's behalf, in which event Tenant, at its sole discretionexpense, may require shall perform such maintenance, repairs or replacements. Tenant to contract with a contractor designated by shall notify Landlord for the monthly maintenance of the heatingnecessity for any repairs for which Landlord may be responsible in the Demised Premises under the provisions of this Section. Landlord shall have no liability to Tenant by reason of any inconvenience, ventilating and air conditioning equipment serving annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Building or the Demised Premises, or Landlord may contract with a service company of its own choosing (in or provide such service itself) for to the maintenancefixtures, repair equipment or replacement (when Landlord deems it necessary) appurtenances of the heatingBuilding or the Demised Premises. Notwithstanding the foregoing, ventilating and air conditioning equipment serving Landlord shall use reasonable efforts to make such repairs or changes in a manner to minimize its interference with the Premises and ▇▇▇▇ Tenant for the costs normal conduct of same as additional RentTenant's business, provided Landlord shall not be required to employ overtime or premium labor. Section 6.03. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlord. 10.3. Landlord’s obligation with respect to repairs shall be limited to not store or place any materials or other obstructions in the structural parts lobby or other public portions of the PremisesBuilding, which structural parts include only or on the roof, beams and columns bearing sidewalk abutting the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationBuilding.

Appears in 2 contracts

Sources: Lease Agreement (Cmgi Inc), Lease (Cmgi Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant's own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilingsfixtures, wallsequipment, floor-window coverings, wall-coveringsand furnishings therein, doorsin good order, exterior glassrepair and condition at all times during the Lease Term. In addition, light fixtures Tenant shall, at Tenant's own expense but under the supervision and bulbssubject to the prior approval of Landlord, keys and lockswithin any reasonable period of time specified by Landlord, fire extinguishers, plumbing promptly and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed by Landlord and replace or Tenant) in good repair all damaged or broken fixtures and sanitary condition and repairappurtenances; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid systems and equipment of the Building (collectively, the "Base Building"), except to the extent that such repairs are required due to the negligence or incurred by willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord therefor shall be reimbursed by Tenant promptly after request nevertheless make such repairs at Tenant's expense, or, if covered by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease's insurance, Tenant shall indemnify only be obligated to pay any deductible in connection therewith. Landlord and pay for any repairs and maintenance to areas of may, but shall not be required to, enter the Premises made 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 in whole or in part as Landlord may be required to do by the moving of any furnituregovernmental or quasi-governmental authority or court order or decree; provided, fixtureshowever, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or other property (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or from access to, the Premises; provided that, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs items (ii) and (iii) above, Landlord shall be limited use commercially reasonable efforts to the structural parts of not materially interfere with Tenant's use of, or access to, the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 2 contracts

Sources: Office Lease (Global Clean Energy Holdings, Inc.), Office Lease (Global Clean Energy Holdings, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the samewill, at Tenant’s sole cost and own expense, keep the Premises in good order, repair and such work condition at all times during the Term, and Tenant shall be performed in a first classpromptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, workmanlike manner under the supervision and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless subject to the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be approval of the same sizeLandlord, quality, color and design as within any reasonable period of time specified by the items replacedLandlord. If the Tenant does not promptly make such arrangementsdo so after five (5) days written notice to Tenant, Landlord may, but need not, make such repairs and maintenancereplacements, 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 paid or incurred by expenses arising from Landlord’s involvement with such repairs and replacements, forthwith upon being billed for same. Landlord therefor may, but shall not be reimbursed by Tenant promptly after request by Landlordrequired to, enter the Premises at all reasonable times to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, alterations, improvements and additions to the contrary contained 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, Tenant Landlord shall indemnify Landlord and pay for not under any repairs and maintenance circumstances be required to areas of the Premises made necessary in whole or in part by the moving of build any furniture, fixtures, or other property to or from 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 its Tenant’s agents, employees, agentscustomers, contractorsinvitees, or visitors. 10.2contractors. Landlord shall not be deemed in breach of this Lease unless Landlord fails within a reasonable time to perform an obligation required to be performed by Landlord. For purposes of this Section 7, and except in the case of an emergency, a reasonable time shall in no event be less than ten (10) days after receipt by Landlord of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord’s obligation is such that more than ten (10) days after such notice are reasonably required for its performance, then Landlord shall not be in breach of this Lease if performance is commenced within such ten (10) day period and thereafter diligently pursued to completion. Notwithstanding anything herein to the contrary in Section 10.1 above, Landlordcontrary, in its sole discretionaddition to and not in limitation of Tenant’s remedies, may require if Landlord shall be deemed in breach of this Section 7, then Tenant shall be entitled to contract with a contractor designated by Rent abatement until such breach is cured and Tenant shall have no claim against Landlord for the monthly maintenance any damages suffered by reason of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a 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 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 Landlordbreach. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 2 contracts

Sources: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)

Repairs. 10.1. (a) Except for damage by casualty as provided under Section 11 or as otherwise expressly provided in this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, renovate, redecorate or paint all or any part of the Premises. Landlord shall repair, maintain and replace as necessary and in good condition, as part of Operating Expenses to the extent provided in Section 10.3 below7 hereof, the foundation and structural elements of the Building (including structural load bearing walls and roof structure and roof membrane and skylights), and the Building’s and Project’s Common Areas; provided, however, to the extent such maintenance, repairs or replacements are required as a result of any act, neglect, fault or omission of Tenant or any of Tenant’s agents, contractors, employees, invitees, licensees, tenants or assigns (the “Tenant’s Parties”) or because of Tenant’s specific use of or Alterations to the Premises, Tenant shall keep pay to Landlord, as Additional Rental, the Premisescosts of such maintenance, whether structural repairs and replacements to the extent such costs are not covered by insurance proceeds (subject to the waiver of subrogation below). Landlord shall not be liable for any failure to make any such repairs, or non-structural to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein. Landlord shall not be required to make any repairs or improvements to the Premises other than as expressly required under this Lease. (b) Except for Landlord’s obligations specifically set forth elsewhere in this Lease, Tenant shall at all times and at Tenant’s sole cost and expense, manage and maintain the Premises (including all Building systems) in a good condition consistent with similar Class “A” buildings in Mountain View and shall keep, maintain, clean, repair, and replace, as necessary, the Premises and all parts thereof, including, without limitation: , plumbing/pipes and conduits at the point of entry into the Premises and inside the Premises, all HVAC systems located within the Premises, all windows, restrooms, ceilings, interior walls, floor-coverings, wall-coveringsinterior and demising walls, doors, exterior glasselectrical and lighting equipment, light fixtures sprinkler systems, loading dock areas and bulbsdoors, keys and locksfences, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electricalsigns, sprinkler and mechanical facilitieselectrical systems within the Premises, including the Systems fire and Equipmentlife safety systems and lighting and HVAC control systems, paved areas (including without limitation repaving and re-striping any Tenant Improvements and Alterations, so as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to keep the Premises whether installed by Landlord or Tenant) in such good and sanitary condition and repair, reasonable wear and in compliance with all Laws now or hereafter adoptedtear and casualty damage excepted. Additionally, Tenant shall be responsible for the expense of installation, operation, and maintenance of its telephone and other communications cabling from the point of entry into the Project to the Premises and throughout the Premises. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. Tenant shall maintain the Building’s systems which are located in the interior of the Premises. At Landlord’s option, if Tenant fails to maintain the Premises or to make such repairs beyond any applicable notice and cure period, Landlord may, but need not, perform such maintenance or make such repairs, in which case Tenant shall pay Landlord the cost thereof, including a percentage of the cost (not to exceed 10%) thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs and replacements maintenance to the Premises or to any equipment located in the Building as Landlord shall be required to maintain hereunder or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. To the fullest extent permitted by Law, Tenant hereby waives and releases all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as may be provided byany law, statute or ordinance now or hereafter in effect, including Sections 1941 and 1942 of the California Civil Code. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, except as specifically and expressly herein set forth. Notwithstanding the foregoing, if (i) a capital repair or replacement to any item described in this Section 13(b) is necessary or required, (ii) such repair or replacement would normally be capitalized under normal accounting practice and is in connection therewithexcess of Twenty Thousand Dollars ($20,000), and (iii) if as a result of such expenditure the useful life of item being repair or replaced (as such useful life is based on the estimated actual life pursuant to generally accepted accounting practices) will extend beyond the Lease Term, then, subject to the requirements set forth in this Section 13, Landlord will reimburse Tenant for Landlord's prorata share thereof within thirty (30) days following the substantial completion of the applicable repair or replacement. In ▇▇▇▇▇▇▇▇'s prorata share of such expenditure shall be a fraction, the event that numerator of which is the number of months remaining on the useful life of the item being repaired or replaced after the expiration or sooner termination of this Lease, and the denominator of which is the total number of months of the useful life of the repaired or replaced item. As a condition precedent to ▇▇▇▇▇▇▇▇'s obligation to reimburse Tenant for a prorata share of any repairs or maintenance are requiredsuch expenditure, Tenant shall promptly arrange first obtain Landlord's prior written approval of the contractor, the plans and pay for specifications, the sameamount of any such expenditure and the useful life resulting from such expenditure, which approval shall not be unreasonably withheld or delayed. Upon such approval, either party shall, at the other party's request, enter into an amendment of this Lease identifying the amount subject to reimbursement by ▇▇▇▇▇▇▇▇. (c) Tenant shall, at Tenant’s sole cost and expense, procure and such work maintain regularly scheduled preventive maintenance/service contracts (copies of which shall be performed delivered to Landlord upon request), in form and substance approved by Tenant, for: (a) heating, air conditioning and ventilation equipment; (b) boiler, fired or unfired pressure vessels; (c) fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection; and (d) elevators, to the extent solely within the Premises. All maintenance/service contracts shall include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a first classcopy thereof delivered to Landlord) within thirty (30) days following the Lease Commencement Date. The term of any such service contracts shall not extend beyond the Lease Term. (d) If Tenant refuses or neglects to repair and maintain the Premises properly as required hereunder to the reasonable satisfaction of Landlord, workmanlike manner then at any time following fifteen (15) days from the date on which Landlord makes a written demand on Tenant to effect such repair and using replacement parts maintenance and which is not cured by Tenant, Landlord may (i) enter upon the Premises and perform such maintenance and/or make such repairs, and upon completion thereof, Tenant agrees to pay to Landlord as Additional Rental, ▇▇▇▇▇▇▇▇’s costs for making such repairs plus ten percent (10%) of comparable or better qualitysuch costs for overhead, style, materialswithin 30 days after receipt from Landlord of a written itemized bill therefor, or construction. All such repairs (ii) take over Tenant’s repair obligations for the remainder of the Term (including any Option Terms), and maintenance shall be approved by Landlord include the cost of same in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000)Operating Expenses. Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does amounts not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request within the aforementioned 30-day period will bear interest at the Interest Rate until paid by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 equipment serving the Premises and ▇▇▇▇ Tenant for ▇▇▇. Notwithstanding the costs of same as additional Rent. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlord. 10.3. Landlord’s obligation with respect to repairs foregoing, the initial 15-day period set forth above shall be limited five (5) days in the event of an emergency which constitutes a dangerous condition to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationpersons or property.

Appears in 2 contracts

Sources: Lease Agreement (Heartflow, Inc.), Lease Agreement (Heartflow, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under In the event Tenant is required to restore the Leased Property pursuant to Section 11 or as otherwise provided in Section 10.3 below10.2.2, Tenant shall keep commence promptly and continue diligently to perform the Premises, whether structural or non-structural repair and restoration of the Leased Property (including, without limitation: hereinafter called 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“Work”), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements so as to restore the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and Leased Property in compliance with all Laws now Legal Requirements and so that the Leased Property shall be, to the extent practicable, substantially equivalent in value and general utility to its general utility and value immediately prior to such damage or hereafter adopteddestruction. Subject to the terms hereof, the Landlord shall be required to advance the insurance proceeds and shall maintain any additional amounts payable by Landlord pursuant to Section 10.2.3 to Tenant regularly during the repair and make such repairs and replacements restoration period so as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay to permit payment for the same, at Tenant’s sole cost of any such restoration and expense, and repair. Any such work advances shall be performed in made not more than monthly within ten (10) Business Days after Tenant submits to Landlord a first class, workmanlike manner written requisition and using replacement parts of comparable substantiation therefor on AIA Forms G702 and G703 (or better quality, style, materials, on such other form or construction. All such repairs and maintenance shall forms as may be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000reasonably acceptable to Landlord). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need notat its option, make such repairs require, prior to advancement of said insurance proceeds and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request other amounts by Landlord, (a) approval of plans and specifications by an architect satisfactory to Landlord (which approval shall not be unreasonably withheld or delayed), (b) general contractors’ estimates, (c) architect’s certificates, (d) unconditional lien waivers of general contractors, if available, (e) evidence of approval by all governmental authorities and other regulatory bodies whose approval is required, (f) deposit by Tenant of the applicable deductible amount with Landlord, and (g) such amounts being additional Rent hereunderother terms as Landlord may reasonably require. Notwithstanding anything Tenant’s obligation to restore the Leased Property pursuant to this Article 10 shall be subject to the contrary contained in this Lease, release of available insurance proceeds by Landlord or directly to Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlordand, in its sole discretionthe event such proceeds are insufficient, may require Tenant Landlord electing to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service company of its own choosing (or provide make such service itself) for the maintenance, repair or replacement (when Landlord deems it necessary) of the heating, ventilating and air conditioning 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 Landlorddeficiency available therefor. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 2 contracts

Sources: Master Lease (CNL Income Properties Inc), Master Lease (CNL Income Properties Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant’s own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to floor covering of the Building on which the Premises whether installed by Landlord or Tenant) are located, in good order, repair and sanitary condition and repair, and in compliance with at all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewithtimes during the Lease Term. In the event that any repairs or maintenance are requiredaddition, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, but under the supervision and such work shall be performed in a first classsubject to the prior approval of Landlord, workmanlike manner and using replacement parts within any reasonable period of comparable time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or better qualityrepair all damaged, style, materialsbroken, or construction. All such repairs worn fixtures and maintenance shall be approved appurtenances, except for damage caused by Landlord in advance in writing unless ordinary wear and tear or beyond the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements reasonable control of items shall be of the same sizeTenant; provided however, qualitythat, color and design as the items replaced. If at Landlord’s option, or if Tenant does not promptly fails to make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, 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 be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or incurred by willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord therefor shall be reimbursed by Tenant promptly after request nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease’s insurance, Tenant shall indemnify only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and pay for any repairs all rights under and maintenance to areas benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises made necessary in whole California Civil Code or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 2 contracts

Sources: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the samewill, at Tenant’s sole cost and own expense, keep the Premises in good order, repair and such work condition at all times during the Term, and Tenant shall be performed in a first classpromptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, workmanlike manner under the supervision and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless subject to the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be approval of the same sizeLandlord, quality, color and design as within any reasonable period of time specified by the items replacedLandlord. If the Tenant does not promptly make such arrangementsdo so after five (5) days written notice to Tenant, Landlord may, but need not, make such repairs and maintenancereplacements, 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 paid or incurred by expenses arising from Landlord’s involvement with such repairs and replacements, forthwith upon being billed for same. Landlord therefor may, but shall not be reimbursed by Tenant promptly after request by Landlordrequired to, enter the Premises at all reasonable times to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, alterations, improvements and additions to the contrary contained 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, Tenant Landlord shall indemnify Landlord and pay for not under any repairs and maintenance circumstances be required to areas of the Premises made necessary in whole or in part by the moving of build any furniture, fixtures, or other property to or from 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 negligence of Tenant or its Tenant’s agents, employees, agentscustomers, contractorsinvitees, or visitors. 10.2contractors or caused by unlawful breaking and entering. Landlord shall not be deemed in breach of this Lease unless Landlord fails within a reasonable time to perform an obligation required to be performed by Landlord. For purposes of this Section 7, and except in the case of an emergency, a reasonable time shall in no event be less than ten (10) days after receipt by Landlord of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord’s obligation is such that more than ten (10) days after such notice are reasonably required for its performance, then Landlord shall not be in breach of this Lease if performance is commenced within such ten (10) day period and thereafter diligently pursued to completion. Notwithstanding anything herein to the contrary in Section 10.1 above, Landlordcontrary, in its sole discretionaddition to and not in limitation of Tenant’s remedies, may require if Landlord shall be deemed in breach of this Section 7, then Tenant shall be entitled to contract with a contractor designated by Rent abatement until such breach is cured and Tenant shall have no claim against Landlord for the monthly maintenance any damages suffered by reason of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a 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 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 Landlordbreach. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 2 contracts

Sources: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)

Repairs. 10.1. Except Tenant will, at Tenant's own expense, keep the Premises (except for damage caused by casualty as provided under Section 11 the negligence of Landlord, its employees, agents, contractors or as otherwise provided invitees), in Section 10.3 belowgood order, repair and condition at all times during the Term, and 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 promptly and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed by Landlord and replace or Tenant) in good repair all damaged or broken fixtures and sanitary condition appurtenances, under the supervision and repairsubject to the approval of the Landlord, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In within any reasonable period of time specified by the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedLandlord. If the Tenant does not promptly make such arrangementsdo so, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the reasonable cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord (at a cost not to exceed 10% of the repairs and replacements) for all overhead, general conditions, fees and other costs paid or incurred by expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord therefor may, but shall not be reimbursed by Tenant promptly after request by Landlordrequired to, enter the Premises at all reasonable times to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, alterations, improvements and additions to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary Building or to any equipment located in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by the Building as Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, shall desire or deem necessary or as Landlord may contract with a service company of its own choosing (be required to do by governmental authority or provide such service itself) for the maintenance, repair court order or replacement (when Landlord deems it necessary) of the heating, ventilating and air conditioning 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 Landlorddecree. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 2 contracts

Sources: Sublease (SPR Inc), Sublease (SPR Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowArticle VI, Tenant shall to keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary order, condition and repair, and in compliance with all Laws now or hereafter adoptedlaws and Environmental Requirements, consistent with the state of the Building immediately prior to the Term Commencement Date, the roof of the Building, all gutters and downspouts, footings and foundations, and exterior (including exterior painting and finish) and structural portions of the Building and Lot. Notwithstanding any other provision herein to the contrary, Landlord shall maintain have no obligation to make (i) any repairs and/or replacements to ASTs or secondary containment associated therewith or (ii) any capital repairs and/or replacements which will cost in excess of the aggregate of Five Hundred Thousand and make such repairs 00/100 Dollars ($500,000.00), and replacements as necessary when there remains less than twelve (12) months in connection therewiththe Term. In the event that Tenant gives notice to Landlord of a condition which Tenant believes requires Landlord’s repairs or a condition which, if left uncorrected, will necessitate Landlord’s repair, then, in accordance with the terms of this Section, Landlord shall respond promptly to investigate such condition, and, if such repairs are Landlord’s obligation hereunder, Landlord shall commence promptly to repair same and to diligently complete said repair. Tenant agrees during the Term to provide Landlord notice as soon as reasonably possible of any condition known to Tenant which might require, or if left uncorrected will necessitate, Landlord’s repair pursuant to this Section. Tenant shall have the right to require, at reasonable times and with reasonable advance notice, a representative of Landlord to inspect the Property for repairs which may be the responsibility of Landlord. Should any repairs or maintenance are requiredreplacements be required due to Tenant’s negligence, Landlord may elect to make such repairs or replacements directly, in which case Tenant shall promptly arrange and pay for reimburse Landlord the same, at Tenant’s sole cost and expense, and of such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationextent not otherwise covered by insurance or warranty.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Quanterix Corp)

Repairs. 10.1. 10.01 Except for damage by casualty as provided under Section 11 or as otherwise provided in this Section 10.3 below10, Tenant shall agrees at its own expense to keep the PremisesImprovements, whether including all structural, electrical, mechanical and plumbing systems at all times in good appearance and repair except for reasonable and normal wear and tear. Tenant will also pay all other expenses in connection with the maintenance of the Premises including repair and upkeep of grounds, sidewalks, driveways and parking areas in a first class condition. 10.02 Notwithstanding any other provision of this Lease, from and after the date Tenant takes occupancy of the Premises any repairs, additions or alterations to the improvements or any of its systems (e.g., plumbing, electrical, mechanical) structural or non-structural, which are required by any law, statute, ordinance, rule, regulation or governmental authority or insurance carrier, including, without limitation, OSHA, will be the obligation of Tenant. Provided, however, that Tenant shall not be responsible for any repairs, additions or alterations to the building or any of its systems (e.g. plumbing, electrical, mechanical) structural or non-structural (includingwhich are required by any law, statute, ordinance rule, regulation or governmental authority or insurance carrier, including without limitation: , OSHA if a violation or noncompliance existed at the ceilingstime Tenant took occupancy of the Premises, wallsin which case Landlord shall be responsible for the repairs, 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 additions or alterations as required. 10.03 Tenant acknowledges that he has examined the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements Premises prior to the Premises whether installed making of this Lease, that he knows the condition thereof, that no representations as to the condition of the state of repairs thereof have been made by Landlord or Tenant) in good and sanitary condition and repairLandlord's agent which are not expressly set forth herein, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements that except as necessary in connection therewith. In the event that any repairs or maintenance are requiredotherwise specifically set forth herein, Tenant shall promptly arrange and pay for hereby accepts the same, Premises in their present condition at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts the date of comparable or better quality, style, materials, or constructionexecution of this Lease. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything Anything contained herein to the contrary contained in this Leasenotwithstanding, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 equipment serving the Premises and at ▇▇▇▇ 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. 10.3. Landlord’s obligation with respect to repairs ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ shall be limited in good order and repair upon the date occupancy is delivered to Tenant. Tenant will inspect the structural parts of Premises at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ prior to occupancy to assure that the Premisesfacilities and equipment are in good condition and Landlord will agree to repair facilities or equipment reasonably identified as substandard. Landlord shall not be required to replace carpeting or repaint provided the walls and floors are in good condition, which structural parts include only the roof, beams reasonable wear and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationtear excepted.

Appears in 1 contract

Sources: Net Lease (Axsys Technologies Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys furnishings therein and locks, fire extinguishers, plumbing and other fixtures, all heating, air-ventilating, air conditioning, ventilationelectrical and utility systems that are located within and exclusively serve the Premises, electricalin good order, sprinkler repair and mechanical facilitiescondition at all times during the Lease Term. In addition, including Tenant shall, at Tenant's own expense, but under the Systems supervision and Equipmentsubject to the prior approval of Landlord, paved areas (and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation repaving Article 8 hereof, promptly and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by casualty to, or condemnation of, the Premises, ordinary wear and tear and repairs for which Landlord or Tenant) in good and sanitary condition and repairis responsible pursuant to this Lease; provided however, and in compliance with all Laws now or hereafter adoptedthat Landlord shall have the exclusive right, and shall maintain and exercisable at Landlord's option, but not the obligation, to make such repairs and replacements if Tenant fails to make the same as necessary required hereunder after expiration of the applicable notice and cure period provided in connection therewith. In the event that any repairs or maintenance are requiredArticle 19, and Tenant shall promptly arrange pay to Landlord the cost thereof, including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable other costs or better quality, style, materials, or construction. All expenses arising from Landlord's involvement with such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost replacements promptly upon being billed for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000)same. Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need notshall not be required to, enter the Premises at all reasonable times and after reasonable prior written notice (except in emergencies) to make such repairs and maintenancerepairs, and the costs paid alterations, improvements or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything additions to the contrary contained Premises or to the Project or to any equipment located in this Lease, Tenant the Project as Landlord shall indemnify desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to minimize any unreasonable interference with Tenant's use and pay for any repairs and maintenance to areas occupancy of the Premises made necessary in whole or in part by the moving as a result of any furnitureentry by Landlord permitted under this Article 7. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2hereafter in effect. Notwithstanding anything Subject to the contrary in Section 10.1 aboveprovisions of the immediately preceding paragraph, Landlord, in its sole discretion, may require Tenant Articles 11 and 13 of this Lease and Tenant's obligations under Article 4 to contract with a contractor designated by reimburse Landlord for the monthly maintenance Tenant's Share of the heating, ventilating cost and air conditioning equipment serving the Premises, or Landlord may contract with a service company of its own choosing (or provide such service itself) for the maintenance, repair or replacement (when Landlord deems it necessary) expenses of the heatingfollowing described items, ventilating Landlord shall maintain or cause to be maintained in good order, condition and air conditioning equipment serving repair at all times during 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to Lease Term, the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load portions of the roof, the structural integrity foundations, floors and exterior walls of the roof (excluding skylights)Building, sidewalls the Common Areas, and foundationthe Building plumbing, heating, ventilating, air conditioning, life safety and electrical systems serving the Building and the Common Areas; provided, however, that Tenant shall pay the cost of repairs or replacements to the extent arising out of the negligence or willful misconduct of Tenant or Tenant's Agents. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair.

Appears in 1 contract

Sources: Office Lease (Castlight Health, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at ▇▇▇▇▇▇’s own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys in good order, repair and lockscondition at all times during the Lease Term. In addition, fire extinguishersTenant shall, plumbing at ▇▇▇▇▇▇’s own expense, but under the supervision and other fixturessubject to the prior approval of Landlord, heatingand within any reasonable period of time specified by Landlord, air-conditioning, ventilation, electrical, sprinkler promptly and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed by Landlord (ordinary wear and tear excepted) and replace or Tenant) in good repair all damaged, broken, or worn fixtures and sanitary condition and repairappurtenances, and in compliance with all Laws now except to the extent that such repairs are required due to the gross negligence or hereafter adoptedwillful misconduct of Landlord; provided however, and shall maintain and that, at Landlord’s option, or if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, 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 be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid systems and equipment of the Building (subject to inclusion of the cost of such repairs in Operating Expenses to the extent permitted by Article 4), except to the extent that such repairs are required due to the negligence or incurred by willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord therefor shall be reimbursed by Tenant promptly after request nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease’s insurance, Tenant shall indemnify only be obligated to pay any deductible in connection therewith. Landlord and pay for any repairs and maintenance may, but shall not be required to, upon not less than twenty-four (24) hours prior notice to areas Tenant (except in the event of an emergency, in which event, no notice shall be required), enter the Premises made necessary in whole at all reasonable times to make such repairs, alterations, improvements or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything additions to the contrary Premises or to the Project or to any equipment located in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by the Project as Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, shall desire or deem necessary or as Landlord may contract be required to do by governmental or quasi-governmental authority or court order or decree. In making any such repairs, Landlord shall use commercially reasonable efforts to minimize any interference with a 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 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. 10.3. Landlord▇▇▇’s obligation with respect to repairs shall be limited to the structural parts use of the Premises, which structural parts include only the roof, beams . Tenant hereby waives and columns bearing the main load releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the roofCalifornia Civil Code or under any similar law, the structural integrity of the roof (excluding skylights)statute, sidewalls and foundationor ordinance now or hereafter in effect.

Appears in 1 contract

Sources: Office Lease (Doma Holdings, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below(a) Landlord shall make (i) all structural repairs and, Tenant shall keep at Landlord’s election, replacements, to the PremisesCenter and Building, whether structural or non-structural (includingii) all repairs and, without limitation: at Landlord’s election, replacements, to the ceilings, walls, floor-coverings, wall-coverings, doorsroof, exterior glasswalls and exterior windows and glass and to the common areas of the Center and Building, light fixtures (iii) all repairs and bulbsreplacements necessary to maintain the plumbing, keys and locks, fire extinguishers, plumbing and other fixturesair conditioning, heating, air-conditioning, ventilation, electrical, sprinkler sprinkler, and other utility and mechanical facilitiessystems, including the Systems and Equipmentelevators, paved areas floors (including without limitation repaving and re-striping as necessaryexcluding carpeting), landscapingand (iv) repairs and, parking areas (including striping at Landlord’s election, replacements, to all other items which constitute a part of the Leased Space and re-paving thereof) and all alterations and improvements to the Premises whether are installed or furnished by Landlord; provided, however that Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make not be obligated for any such repairs or replacements until the expiration of a reasonable period of time after written notice from Tenant that such repair is needed, but in no event longer than thirty (30) days thereafter, or if such repairs or replacements are not capable of being completed within such 30-day period, than within such additional reasonable amount of time as is necessary, provided Landlord has commenced such repairs or replacements during such 30-day period and replacements as necessary in connection therewithproceeds thereafter with due diligence to complete such repairs or replacements. In the no event that shall Landlord be obligated to repair any repairs damage caused by an act, omission or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be negligence of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, invitees, licensees, subtenants or contractors. (b) Except as the Landlord is obligated for repairs as provided above, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space and shall keep the Leased Space and the fixtures therein in neat and orderly condition. If the Tenant refuses or neglects to make such repairs, or visitorsfails to diligently prosecute the same to completion, following expiration of a reasonable time after Tenant’s receipt of written notice from Landlord of the need therefor, Landlord may make such repairs at the expense of Tenant and the reasonable expense thereof shall be collectible as Additional Rent. Any such repairs and any labor performed or materials furnished in, on or about the Leased Space shall be performed and furnished by Tenant in 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. 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 its proposed improvements for Landlord’s review and, if acceptable, its approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall reimburse Landlord for Landlord’s cost in reviewing said plans and specifications at the rate of $70 per hour. 10.2(c) 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. Notwithstanding anything the foregoing, Landlord shall make reasonable efforts to the contrary avoid unnecessary interference to Tenant’s operations in Section 10.1 aboveperforming such repairs, Landlordalterations, in its sole discretionadditions or improvements, may but such efforts shall not require Tenant Landlord to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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 Landlordperform work outside normal business hours. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease (Longport Inc)

Repairs. 10.1. (A) Except for damage by casualty as provided covered under Section 11 or as otherwise provided in Section 10.3 belowArticle 10 and Landlord’s responsibility to maintain the structural components of the Premises, Tenant shall keep the PremisesPremises in good and sanitary condition, whether structural or non-structural working order and repair (including, without limitation: the ceilings, walls, floor-coveringscarpet, wall-coveringscovering, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heatingequipment, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith). In the event that any repairs repairs, maintenance or maintenance replacements are requiredrequired for any item for which Tenant is responsible for under the Lease, Tenant shall promptly arrange and pay for the samesame either through Landlord for such reasonable charges as Landlord may from time to time establish, or such contractors as Landlord generally uses at Tenant’s sole cost and expensethe Complex or at the Building or such other contractors as Landlord shall first approve in writing, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedwriting. If Tenant does not promptly make such arrangementsarrangements after five (5) business days prior written notice to Tenant, Landlord may, but need not, make such repairs repairs, maintenance and maintenancereplacements, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly as Rent within five (5) business days after request by Landlord (together with a service charge for Landlord’s administrative services, such amounts being additional Rent hereunder. Notwithstanding anything in an amount equal to the contrary contained charge customarily assessed by Landlord to other tenants of the Building for similar work, provided such charge shall in this Leaseno event exceed fifteen percent (15%) of the actual cost to Landlord of such work). Except for repairs, Tenant shall indemnify Landlord maintenance and pay for any repairs and maintenance replacements to areas of the Premises made necessary Building or the Complex outside the Premises, caused, in whole or in part by the part, as a result of (a) moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, invitees, licensees, subtenants, visitors or contractors, or visitors. 10.2(b) the negligence or willful misconduct of Tenant or its employees, agents, invitees, licensees, subtenants, visitors or contractors, or for damage covered under Article 10, Landlord shall, at its sole cost and expense, keep the structure of the Premises, Building and Complex and Common Areas (as defined in Article 24) of the Building and Complex and the Systems and Equipment in a clean and good and sanitary condition, first-class working order and repair and in compliance with applicable Law (the cost of which shall be included in Operating Expenses, as described in Article 24, except as limited therein). Notwithstanding anything to the contrary in Section 10.1 abovecontrary, Landlordthe cost of all repairs, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord and maintenance for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts components of the Premises, which structural parts include only Building and Complex as well as the roofmechanical systems servicing the Premises shall not be passed through as Operating Expenses except as may be otherwise expressly permitted under this Lease. (B) Landlord, beams its employees, agents, and columns bearing authorized contractors shall have the main load right to enter the Premises at all reasonable hours (upon prior notice to Tenant delivered to the Premises except in an emergency) for the purpose of making such alterations, repairs, improvements or additions to the roofPremises as are otherwise permitted or required to be made by Landlord under this Lease or such alterations, repairs, improvements or additions to the structural integrity Building or the Complex as Landlord may deem necessary or desirable. In the event of any work undertaken by Landlord in the roof Premises for the purpose of making alterations, repairs, improvements or additions to the Building or the Complex, Landlord agrees, at Tenant’s option, either to repair any physical damage directly caused by any such work to Tenant’s leasehold improvements, fixtures, merchandise and other physical property located within the Premises or reimburse Tenant for the reasonable expenses incurred by Tenant in order to effect such repairs, provided that Landlord shall not be liable for any such repairs to the extent such repairs are covered by Tenant’s insurance or would be covered by insurance required to be carried by Tenant under this Lease. Landlord agrees to use reasonable means to minimize interference with Tenant’s business or damage to, or loss of, Tenant’s property in the Premises on account of such entry by Landlord. If representatives of Tenant shall not be present to open and permit entry into the Premises at any time when such entry by Landlord is necessary or permitted hereunder, Landlord, its employees and agents may enter by means of a master key (excluding skylights)or forcibly in the event of an emergency) without liability to Tenant for such entry and without such entry constituting an eviction of Tenant or termination of this Lease. There shall be no abatement of Rent because of any repairs, sidewalls and foundationalterations, additions or improvements to the Premises, Building or Complex, except as otherwise provided in Article 10 hereof.

Appears in 1 contract

Sources: Office Lease (Medical Connections Holdings, Inc.)

Repairs. 10.1(a) Landlord, at its expense, will make all structural repairs to the Building and the Leased Premises (excluding interior painting and decorating) and to all public areas and facilities in the Building used in common by all tenants. Except for damage Those repairs necessitated by casualty as provided under Section 11 the negligence, improper care or as otherwise provided in Section 10.3 belowuse of Leased Premises by Tenant, its employees, licensees or invitees shall be made by Landlord at the cost and expense of Tenant. (b) Tenant shall keep take good care of the PremisesLeased Premises and, whether structural or non-structural subject to the provisions of subparagraph (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 necessarya), landscapingshall make, parking areas (including striping as and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord when needed, as a result of misuse or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or neglect by Tenant or its Tenant's servants, employees, agents, contractorsinvitees or licensees, all repairs in and about the Leased Premises necessary to preserve them in good order and condition, which repairs shall be in quality and class equal to the original work. However, Landlord may repair at the expense of Tenant, all damage or injury to the Leased Premises or to the Building or to its fixtures, appurtenances or equipment, caused by Tenant or Tenant's servants, employees, agents, invitees or licensees, or visitors. 10.2. Notwithstanding anything caused by moving property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or resulting from any cause due to the contrary in Section 10.1 abovecarelessness, negligence or improper conduct of Tenant or Tenant's servants, employees, agents, invitees, or licensees. There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of the Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making repairs, alterations, additions or improvements in its sole discretion, may require Tenant or to contract with a contractor designated by Landlord for the monthly maintenance any portion of the heating, ventilating and air conditioning equipment serving the Building or Leased Premises, or Landlord may contract with in or to fixtures, appurtenances or equipment thereof. (c) Tenant shall not place a service company of its own choosing (or provide such service itself) for the maintenance, repair or replacement (when Landlord deems it necessary) load upon any floor of the heatingLeased Premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, ventilating business machines and air conditioning equipment serving the Premises mechanical equipment. Such installations shall be placed and ▇▇▇▇ Tenant for the costs of same as additional Rentmaintained by Tenant, at Tenant's expense, in settings sufficient in Landlord's judgment, to absorb and prevent vibration, noise and annoyance. The sum so billed to Tenant shall become immediately due and payable emplacement of all heavy equipment will be done only by Tenant to Landlord. 10.3. Landlord’s obligation licensed riggers or movers who are either bonded or show proof of financial responsibility with respect to repairs shall be limited any damage done to the structural parts of Building during the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationmove.

Appears in 1 contract

Sources: Lease Agreement (Capital Growth Holdings LTD /De/)

Repairs. Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord and not located within the Premises, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant or the "Tenant Parties," as that term is defined in SECTION 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 , below, in which event Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation ARTICLE 8 hereof, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys in good order, repair and lockscondition at all times during the Lease Term. In addition, fire extinguishersTenant shall, plumbing at Tenant's own expense but under the supervision and other fixturessubject to the prior approval of Landlord, heatingand within any reasonable period of time specified by Landlord, air-conditioningpursuant to the terms of this Lease, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving ARTICLE 8 hereof, promptly and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed by Landlord and replace or Tenant) in good repair all damaged or broken fixtures and sanitary condition and repairappurtenances; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs paid or incurred by expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord therefor may, but shall not be reimbursed by Tenant promptly after request by Landlordrequired to, enter the Premises at all reasonable times to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, alterations, improvements and additions to the contrary contained Premises or to the Building or to any equipment located in this Lease, the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant shall indemnify Landlord hereby waives and pay for any releases its right to make repairs at Landlord's expense under Sections 1941 and maintenance to areas 1942 of the Premises made necessary in whole California Civil Code or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Magnetek Inc)

Repairs. 10.1Landlord shall maintain in good condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Project Common Areas. Except for damage by casualty as provided under Section 11 or as otherwise provided Notwithstanding anything in Section 10.3 belowthis Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilingsfixtures, wallsequipment, floor-interior window coverings, wall-coveringsand furnishings therein, doorsand the floor or floors of the Building on which the Premises is located, exterior glassin good order, light fixtures repair and bulbscondition at all times during the Lease Term, keys but such obligation shall not extend to the Building Structure and locksthe Building Systems except pursuant to the BS/BS Exception. In addition, fire extinguishersTenant shall, plumbing at Tenant's own expense, but under the supervision and other fixturessubject to the prior approval of Landlord for any repairs reasonably expected to cost more than $5,000 or reasonably expected to impact the Building Structure or Building Systems, heatingand within any reasonable period of time specified by Landlord, air-conditioning, ventilation, electrical, sprinkler promptly and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by Landlord ordinary wear and tear or beyond the reasonable control of Tenant) in good and sanitary condition and repair; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not in excess of ten percent (10%) per annum) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times (in accordance with the terms of Article 27 below) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. For the avoidance of doubt, if a particular Building System is beyond its useful life such that it is inoperative or otherwise requires ongoing repairs materially in excess of normal and customary maintenance, Landlord shall replace such Building System (regardless of whether such Building System is shared or exclusively serves the Premises and regardless of whether such Building System was modified as part of the Improvements), and the costs paid or incurred by Landlord therefor cost of such replacement shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything included in Operating Expenses (to the contrary contained in extent allowed by Article 4 of this Lease) and amortized pursuant to Section 4.2.4(xiii) of this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything subject to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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 LandlordBS/BS Exception. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Retrophin, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant's own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, 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 floor or floors (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving or portion thereof) of the Building on which the Premises are located, in good order, repair and condition at all alterations times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and improvements 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 whether installed and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by Landlord ordinary wear and tear or beyond the reasonable control of Tenant) in good and sanitary condition and repair; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost of any repairs or replacements actually made, 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 actually made upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or incurred by willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord therefor shall be reimbursed by Tenant promptly after request nevertheless make such repairs at Tenant's expense, or, if covered by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease's insurance, Tenant shall indemnify only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and pay for any repairs all rights under and maintenance to areas benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises made necessary in whole California Civil Code or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Wageworks, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant's own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: fixt▇▇▇▇ ▇nd furnishings therein, in good order, repair and condition at all times during the ceilingsLease Term. In addition, wallsTenant shall, floor-coveringsat Tenant's own expense, wall-coveringsbut under the supervision and subject to the prior ▇▇▇▇▇▇al of Landlord, doorsand within any reasonable period of time specified by Landlord, exterior glass, light fixtures promptly and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed by Landlord and replace or Tenant) in good repair all damaged, broken, or worn fixtures and sanitary condition and repairappurtenances; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, 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 be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or incurred by wilful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or wilful misconduct of Tenant, Landlord therefor shall be reimbursed by Tenant promptly after request nevertheless make such repairs at Tenant's expense, or, if covered by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease's insurance, Tenant shall indemnify only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and pay for any releases its right to make repairs at Landlord's expense under Sections 1941 and maintenance to areas 1942 of the Premises made necessary in whole California Civil Code or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Capital Growth Holdings LTD /De/)

Repairs. 10.1. Except 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 (except for damage by casualty as provided under Section 11 or reasonable wear and tear and as otherwise provided in Section 10.3 belowArticle 25 of this Lease) and replace or repair all damaged or broken glass (including any glass demising walls and signs thereon), 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 bulbsappurtenances, keys under the direct supervision and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including with the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repairapproval of Landlord, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that within any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts reasonable period of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved time specified by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedLandlord. If Tenant does not promptly make such arrangementsdo so, or at Landlord's election, Landlord may, but need not, make such repairs or replacements and maintenancethe amount paid by Landlord for such repairs and replacements (including landlord's overhead and profit and the cost of general conditions which amount shall not exceed ______) shall be deemed additional rent reserved under this Lease due and payable forthwith. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority. In the event Landlord or its agents or contractors shall elect or be required to make repairs, alterations, improvements or additions to the Premises or the Building or 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 costs paid or incurred by Landlord therefor rent reserved herein shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 equipment serving the Premises and no way abat▇ ▇▇▇▇ Tenant for the costs of same as additional Rent. The sum so billed to le said repairs, alterations, improvements or additions are being made, and Tenant shall become immediately due not be entitled to maintain any set-off or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and payable by additions in and about the Building and the Premises during ordinary business hours, but if Tenant desires to Landlordhave the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Quaker Fabric Corp /De/)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowSubject to Paragraph 10 hereof, Tenant shall will at Tenant's own expense, keep the PremisesPremises in good order, whether repair and condition 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 with fixtures or appurtenances of substantially the same grade, make and quality, under the supervision and subject to the approval of the Landlord, and within any reasonable period of time specified by the Landlord. Tenant's obligation for repairs shall not include any obligation to make structural or non-structural (includingrepairs, without limitation: including the ceilings, walls, floor-coveringsroof, wall-coveringsfloors and internal pipes, doorsconduits, exterior glassducts, light fixtures lines, wires, drains and bulbsflues and all other facilities for plumbing, keys and locks, fire extinguishers, plumbing and other fixtureselectricity, heating, air-and air conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make unless such repairs and replacements as necessary in connection therewith. In are caused by the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at negligence of Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If the Tenant does not promptly make such arrangementshis required repairs and replacements, Landlord may, but need not, do so, and Tenant shall pay Landlord the cost thereof 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 repairs, alterations, improvements and maintenanceadditions, including, without limitation, conduits, ducts, internal pipes, lines, wires, drains and the costs paid flues and all other facilities for plumbing, electricity, heating and air conditioning, as Landlord shall desire or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything deem necessary to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary Building or to any equipment located in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, Building or as Landlord may contract with a service company of its own choosing (be required to do by government authority or provide such service itself) for the maintenance, repair court order or replacement (when Landlord deems it necessary) of the heating, ventilating and air conditioning 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 Landlorddecree. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Building Lease

Repairs. 10.1. Except for damage by casualty as provided under Subject to the terms of Section 11 or as otherwise provided in Section 10.3 belowhereof, Tenant shall will, at Tenant's own expense, keep the PremisesPremises in good order, whether structural or non-structural (includingrepair and condition at all times during the Term, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys Tenant shall promptly and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed by and replace or repair all damaged or broken fixtures and appurtenances, under the supervision and subject to the approval of the Landlord (which approval shall not unreasonably be withheld, conditioned or Tenant) in good and sanitary condition and repairdelayed), and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In within any reasonable period of time specified by the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedLandlord. If Tenant does not promptly make such arrangementsdo so, Landlord may, upon prior reasonable notice (except no notice shall be necessary in an emergency) but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage (not to exceed 10%) of the costs paid thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or incurred by expenses arising from Landlord's involvement with such repairs and replacements, within ten (10) days of being billed for same. Landlord therefor may, but shall not be required to, enter the Premises at all reasonable times and with prior reasonable notice (which notice may be verbal, and except that no notice shall be reimbursed required in the event of an emergency) 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. Landlord agrees to use reasonable efforts not to interfere with the conduct by Tenant promptly after request of its business in the Premises during ordinary business hours in connection with any such work performed by Landlord. Landlord shall, at Landlord's expense (subject to inclusion of such amounts being additional Rent hereunder. Notwithstanding anything expenses in Operating Expenses to the contrary contained extent permitted by Section 3 hereof), keep in this Leasegood order, Tenant shall indemnify Landlord repair and pay for any repairs condition (including the replacement) consistent with a Class "A" office building in downtown Chicago and maintenance to maintain in compliance with all applicable laws at all times during the Term, all structural elements of the Building, including floor and ceiling slabs, the exterior walls and windows, the roof, common Building mechanical, plumbing, electrical and HVAC systems, the elevators, the washrooms, the lobby of the Building and all other common areas of the Premises made necessary in whole Building to the extent such systems or in part by the moving common areas service or are of any furniture, fixtures, or other property benefit to or from the Premises. Landlord represents that, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service company best of its own choosing (knowledge, without any independent inquiry or provide such service itself) for the maintenanceinvestigation, repair or replacement (when Landlord deems it necessary) of the heatingall common Building mechanical, ventilating plumbing, electrical and air conditioning equipment HVAC systems serving the Premises are in good working order and ▇▇▇▇ Tenant for the costs of same repair as additional Rent. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlord. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load date of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationthis Lease.

Appears in 1 contract

Sources: Lease (Orbitz Inc)

Repairs. 10.1Section 6.01. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep take good care of the Premises, whether structural or non-structural Demised Premises (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 excluding those areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements reserved to Landlord pursuant to the Premises whether installed by Landlord or Tenantprovisions of Section 14.02) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the sameand, at Tenant’s 's sole cost and expense, shall make all repairs and replacements, structural and otherwise, ordinary and extraordinary, foreseen and unforeseen, as and when needed to preserve the Demised Premises in good and safe working order and in first class repair and condition, except for damage by fire or other casualty for which Tenant is not otherwise liable and except further that Tenant shall not be required to make any such work 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 replacements, as and when necessary, to the lamps, tubes, ballasts, and starters in the lighting fixtures installed in the Demised Premises, (ii) 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, and (iii) if the Demised Premises shall include any space on any ground, street, mezzanine or basement floor in, or facing the atrium or any public portion of, the Building, make all replacements, as and when necessary, to all windows and plate and other glass in, on or about such space, and obtain and maintain, throughout the Demised Term, plate glass insurance policies issued by companies, and in form and amounts, reasonably satisfactory to Landlord, in which Landlord, its agents and any lessor under any ground or underlying lease shall be performed in a first classnamed as parties insured, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such (iv) perform all maintenance and make all repairs and maintenance shall replacements, as and when necessary, to any air conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the Building's standard equipment and systems) which may be approved by Landlord installed in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request Demised Premises by Landlord, such amounts being additional Rent hereunderTenant or others. Notwithstanding anything The provisions of the foregoing sentence shall not, in and of themselves, 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 contrary contained provisions of, Section 4.01 and shall be at least equal in this Leasequality and class to the original work or installation. The necessity for, Tenant shall indemnify Landlord and pay for any adequacy of, repairs and maintenance replacements pursuant to areas this Article 6 shall be measured by the standard which is appropriate for first class office buildings of similar construction and class in the Boston, Massachusetts area. In no event shall Tenant be obligated to make any repair to the Demised Premises to the extent necessitated by the acts, omissions or negligence of Landlord or any of Landlord's servants, employees, contractors or agents. Subject to Tenant's obligations hereunder and except as otherwise herein provided in the case of damage by fire or other casualty or as a result of an eminent domain taking, Landlord shall, within a reasonable time, make all repairs and replacements necessary to maintain in good condition the roof, exterior walls, floor slabs, foundations and other structural components of the Premises made necessary in whole or in part by the moving of any furnitureBuilding as well as all lavatories, fixtureselevators, or other property to or from the Premisessanitary, or by Tenant or its employeeselectrical, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating heating and air conditioning equipment systems and other common areas and facilities of the Building serving the Demised Premises, or . Landlord may contract with a service company of its own choosing (or provide such service itself) shall further be responsible for removing snow and ice from any exterior passageways on the maintenance, repair or replacement (when Landlord deems it necessary) of Property and maintaining any landscaped areas outside the heating, ventilating and air conditioning 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 LandlordBuilding. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Liberty Financial Companies Inc /Ma/)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant's own expense, keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Leased Premises whether installed by Landlord or Tenant) in good order, repair and sanitary condition and repairat all times during the Term, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for adequately repair all damage to the sameLeased Premises and replace or repair all damaged or broken fixtures and appurtenances under the supervision and subject to the approval of Landlord within any reasonable period of time specified by Landlord. In addition, Tenant shall, at Tenant’s sole cost and 's expense, make all repairs, installations and such work shall additions to the Leased Premises as may be performed in a first classrequired by any law, workmanlike manner and using replacement parts ordinance, regulation or ruling of comparable any governmental authority having jurisdiction over the Leased Premises, which is enacted after the Commencement Date or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless is specific to the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of use to which Tenant puts the same size, quality, color and design as the items replacedLeased Premises. If Tenant does not promptly make such arrangementsdo so, Landlord may, but need not, make such repairs and maintenanceany repairs, replacements, installations, and additions which Tenant is obligated to make and Tenant shall pay Landlord the costs paid cost thereof, forthwith upon being billed for same. Landlord may also make repairs, installations and additions to or incurred 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 therefor shall be reimbursed by deemed or construed to be a disturbance of Tenant's quiet or peaceable possession of the Leased Premises or of any rights of Tenant promptly after request by Landlordunder this Lease. Landlord may, but shall not be required to, enter the Leased Premises at all reasonable times to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, installations, alterations, improvements and additions to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Leased Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary Building or to any equipment located in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by the Building as Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, shall desire or Landlord may contract with a service company of its own choosing (or provide such service itself) for the maintenance, repair or replacement (when Landlord deems it deem necessary) of the heating, ventilating and air conditioning 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Privatebancorp Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, (a) Tenant shall keep take good care of the Premises and the fixtures and improvements therein, including, but not limited to, carpet, drywall and fixtures (except for the unexposed pipes, ducts and conduits in and through the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the sameand, at Tenant’s its sole cost and expense, make repairs, restorations or replacements as and such work shall be performed when needed to preserve them in a first class, workmanlike manner good working order and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedcondition. If Tenant does not promptly fails to make such arrangementsany repairs, Landlord may, but need not, make such repairs and maintenance, and the costs paid restorations or incurred replacements required by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Landlord may (but without any obligation to do so) make such repairs, restorations, or replacements at the expense of Tenant and such expense shall be due as additional rent. Tenant shall indemnify comply with all provisions of Sections 12 and 14 of this Lease in connection with such repairs, restorations and replacements. (b) Landlord shall make repairs, restorations and pay for any repairs replacements as and maintenance when needed to areas those portions of the Building which are not required to be maintained by Tenant or other tenants of the Building in order to preserve them in good working order and condition. Landlord shall replace all lamps, tubes and ballasts used in the Premises made necessary in whole either after notice from Tenant or in part by the moving as a result of any furnitureperiodic relamping program undertaken by Landlord. Such repairs, fixturesrestorations and replacements shall be included within Operating Cost unless the need for such repairs, restorations and replacements resulted from any fault or negligence of Tenant or Tenant's employees, agents or invitees, in which event the amount paid for such repairs, restorations and replacement shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord's payments. (c) There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to, or other property interruption of business, arising from Landlord, Tenant or others making any repairs, restorations, replacements, alterations, additions or improvements in or to any portion of the Building or from the Premises, or by Tenant in or its employeesto fixtures, agents, contractors, appurtenances or visitorsequipment thereof or as a result of other tenants failing to make repairs. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Horizon Organic Holding Corp)

Repairs. 10.1Landlord shall at all times during the Lease Term maintain in good condition and operating order the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the “Building Structure”), and the Base Building mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant’s own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys and locksthe floor or floors of the Building on which the Premises are located, fire extinguishersin good order, plumbing repair and other fixturescondition at all times during the Lease Term. In addition, heatingTenant shall, air-conditioningat ▇▇▇▇▇▇’s own expense, ventilationbut under the supervision and subject to the prior approval of Landlord, electricaland within any reasonable period of time specified by Landlord, sprinkler promptly and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that, Landlord or Tenant) in good and sanitary condition and repairshall have the exclusive right, and in compliance with all Laws now or hereafter adoptedat Landlord’s option, and shall maintain and but not the obligation, to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are requiredreplacements, and Tenant shall promptly arrange and pay to Landlord the cost thereof, including ▇▇▇▇▇▇▇▇’s standard fee for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All its involvement with such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost replacements, promptly upon being billed for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000)same. Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need notshall not be required to, enter the Premises at all reasonable times to make such repairs and maintenancerepairs, and the costs paid alterations, improvements or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything additions to the contrary contained Premises or to the Project or to any equipment located in this Lease, the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant shall indemnify Landlord hereby waives any and pay for any repairs all rights under and maintenance to areas benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises made necessary in whole California Civil Code or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Forge Global Holdings, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, (a) The Tenant shall take good care of the premises and the fixtures, appurtenances, equipment and facilities therein and shall make, as and when needed, all repairs in and about the premises required to keep them in good order and condition; such repairs to be equal in quality to the Premisesoriginal work, provided that the Tenant shall not be obligated for structural or exterior repairs to the building or for repairs to the systems and facilities of the building for the use or service of tenants generally (including the plumbing, heating and electrical systems), other than fixtures, appurtenances, equipment and facilities located in and serving the premises, except where structural or exterior repairs or repairs to such systems and facilities are made necessary by reason of one or more of the occurrences described below in clauses (i) through (iv) of this Article THIRD (a). Should the Tenant fail to repair any such condition in or about the premises or the fixtures, appurtenances, equipment and facilities therein which is of such a nature that its neglect would be reasonably likely to result in damage or danger to the building, its fixtures, appurtenances, facilities and equipment, or to its occupants (of which nature the Landlord shall be the sole judge) or, in the case of repairs of any other nature, should the Tenant have failed to make the required repairs or to have begun, in good faith, the work necessary to make them within ten days after notice from the Landlord of the condition requiring repair, then in either case, the Landlord may (but shall have no obligation to) immediately enter the premises and make the required repairs at the expense of the Tenant. The Landlord may (but shall have no obligation to) make, at the expense of the Tenant, any repairs to the building or to its fixtures, appurtenances, facilities or equipment, whether of a structural or non-structural any other nature, which are required by reason of damage or injury due (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 thereofi) and all alterations and improvements to the Premises whether installed by Landlord negligence or the improper acts of the Tenant or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, licensees or visitors. 10.2. Notwithstanding anything ; (ii) to the contrary in Section 10.1 abovemoving, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance into or out of the heatingbuilding, ventilating and air conditioning equipment serving of property being delivered to or taken from the Premisespremises by Tenant, Tenant’s agents, employees, contractors, licensees or Landlord may contract with a service company of its own choosing visitors; (or provide such service itselfiii) for to the maintenanceinstallation, repair or replacement (when Landlord deems it necessary) removal of the heatingproperty of the Tenant in the premises by Tenant or Tenant’s agents, ventilating and air conditioning employees, contractors, licensees or visitors; or (iv) to the faulty operation of any machinery, equipment, or facility installed in the premises by or for the Tenant (provided, however, that the Landlord shall be responsible to correct the faulty installation of any equipment serving installed in the Premises and premises by the Landlord). The Tenant ▇▇▇▇ Tenant for pay the costs actual and reasonable cost of any repairs made by the Landlord pursuant to this paragraph upon presentation of bills therefor, or the Landlord may, at its option, add such amounts to any installment or installments of rent due under this lease and collect the same as additional Rentrent. The sum so billed to liability of the Tenant under this Article THIRD shall become immediately due and payable by Tenant to survive the expiration or other termination of this lease. Except for the repairs which are the Tenant’s obligations under the first sentence of this Article THIRD (a), the Landlord. 10.3. , at Landlord’s obligation with respect to repairs shall be limited to the structural parts cost and expense, will, upon notice of the Premisesneed therefor, which structural parts include only make the roofrepairs required and perform all maintenance necessary to keep the building and its fixtures, beams appurtenances, facilities, equipment and columns bearing systems (including the main load of the roofplumbing, the structural integrity of the roof (excluding skylights), sidewalls heating and foundationelectrical systems) in good working order.

Appears in 1 contract

Sources: Sublease Agreement (Criteo S.A.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, (a) Tenant shall keep take good care of the Premises and the fixtures and improvements therein, including, but not limited to, carpet, drywall and fixtures (except for the unexposed pipes, ducts and conduits in and through the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the sameand, at Tenant’s its sole cost and expense, make repairs, restorations or replacements as and such work shall be performed when needed to preserve them in a first class, workmanlike manner good working order and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedcondition. If Tenant does not promptly fails to make such arrangementsany repairs, Landlord may, but need not, make such repairs and maintenance, and the costs paid restorations or incurred replacements required by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Landlord may (but without any obligation to do so) make such repairs, restorations, or replacements at the expense of Tenant and such expense shall be due as additional rent. Tenant shall indemnify comply with all provisions of Sections 12 and 14 of this Lease in connection with such repairs, restorations and replacements. (b) Landlord shall make repairs, restorations and pay for any repairs replacements as and maintenance when needed to areas those portions of the Building which are not required to be maintained by Tenant or other tenants of the Building in order to preserve them in good working order and condition. Landlord shall replace all lamps, tubes and ballasts used in the Premises made necessary in whole either after notice from Tenant or in part by the moving as a result of any furnitureperiodic relamping program undertaken by Landlord. Such repairs, fixturesrestorations and replacements shall be included within Operating Cost unless the need for such repairs, restorations and replacements resulted from any fault or negligence of Tenant or Tenant’s employees, agents or invitees, in which event the amount paid for such repairs, restorations and replacement shall be immediately due from Tenant to Landlord with interest at the Default Rate from the dates of Landlord’s payments. (c) There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to, or other property interruption of business, arising from Landlord, Tenant or others making any repairs, restorations, replacements, alterations, additions or improvements in or to any portion of the Building or from the Premises, or by Tenant in or its employeesto fixtures, agents, contractors, appurtenances or visitorsequipment thereof or as a result of other tenants failing to make repairs. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Horizon Organic Holding Corp)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys in good order, repair and lockscondition at all times during the Lease Term. In addition, fire extinguishersTenant shall, plumbing at Tenant's own expense, but under the supervision and other fixturessubject to the prior approval of Landlord, heatingand within any reasonable period of time specified by Landlord, air-conditioningpursuant to the terms of this Lease, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving Article 8 hereof, promptly and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by Landlord ordinary wear and tear or beyond the reasonable control of Tenant) in good and sanitary condition and repair; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, 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 be responsible for maintenance, repairs and replacements to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid or incurred by base building systems and equipment of the Building. Landlord therefor may, but shall not be required to, enter the Premises at all reasonable times, upon reasonable prior written notice, except in the event of an emergency, in which case no notice shall be reimbursed by Tenant promptly after request by Landlordrequired, to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, alterations, improvements or additions to the contrary contained Premises or to the Project or to any equipment located in this Lease, the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant shall indemnify Landlord hereby waives any and pay for any repairs all rights under and maintenance to areas benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises made necessary in whole California Civil Code or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Salon Media Group Inc)

Repairs. 10.17.1 Landlord shall maintain (i) the common areas, including any lobbies, stairs, elevators, corridors and restrooms, (ii) the windows and exterior walls, roofs, foundations and structure of the Building, and (iii) the mechanical, plumbing and electrical equipment servicing the Building, in good order and condition as reasonably determined by Landlord. Except for damage Notwithstanding the foregoing, Tenant shall pay the cost of any repairs occasioned by casualty as provided under the act, neglect or default of Tenant, its agents, employees, invitees and contractors. 7.2 Subject to the provisions of Section 11 or as otherwise provided in Section 10.3 below7.1 hereof, Tenant shall keep the Premisesdemised premises and every part thereof (including any special equipment installed in the demised premises such as supplemental HVAC equipment, whether structural or non-structural (includingtransformers, without limitation: the ceilingsplumbing, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and any other fixturesalterations, heatingadditions or improvements, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics approved by Landlord and in accordance with the rules and regulations relating thereto annexed to this Lease as Exhibit "B" and all applicable laws, codes and regulations. Subject to the provisions of Article 8 hereof regarding the obligation to restore improvements, 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 tear, repairs required to be made by Landlord, and in compliance with all Laws now damage by fire, earthquake, act of God or hereafter adoptedthe elements. Landlord has no obligation, and shall maintain has made no promise, to alter, remodel, improve, repair, decorate or paint the demised premises or any part thereof and make such repairs and replacements no representations respecting the condition of the demised premises or the Building have been made by Landlord to Tenant except as necessary in connection therewith. expressly set forth herein. 7.3 In the event that Landlord shall deem it necessary or be required by any repairs governmental authority to repair, alter, remove, reconstruct or maintenance are requiredimprove any part of the demised premises or of the Building, then the same shall be made by Landlord with reasonable dispatch (unless the same shall result from Tenant's act, neglect, default or mode of operation, in which event Tenant shall make all such repairs, alterations and improvements or, at Landlord's option, Landlord shall make such repairs, alterations and improvements and shall be promptly arrange and pay reimbursed by Tenant for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved incurred by Landlord in advance 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 deemed an actual or constructive eviction or partial eviction or result in writing unless an abatement of rental. Notwithstanding the preceding sentence, in the event that Tenant is prevented from using, and does not use, the demised premises or any portion thereof, for more than five (5) consecutive business days as a result of Landlord's performance of such work, then Tenant's Basic Rental and additional rent shall be abated or reduced, as the case may be, after expiration of the 5-day period for such time that Tenant continues to be so prevented from using the demised premises or a portion thereof, in the proportion that the rentable area of the portion of the demised premises that Tenant is prevented from using, and does not use, bears to the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be rentable area of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitorsdemised premises. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease (Talk America Holdings Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 In furtherance of clause (a), the Borrower shall diligently make or as otherwise provided in Section 10.3 belowcause to be made all needful and proper repairs, Tenant shall keep the Premisesrenewals and replacements thereto whether interior or exterior, whether structural or non-structural (structural, ordinary or extraordinary, or foreseen or unforeseen. All such repairs, renewals and replacements shall be at least equal in quality, value and class to that of the improvements which are the subject of such repairs, renewals and replacements. All repairs and alterations at the Premises, including, without limitation: , Significant Repairs and Improvements, the ceilingsRenovation Capital Expenditures and Maintenance Capital Expenditures, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) shall be done in a good and sanitary condition workmanlike manner and repair, and shall be completed substantially in compliance accordance with all Laws now Legal Requirements and free and clear of Liens (other than Permitted Liens) or hereafter adopted, and shall maintain and make claims for materials supplied or for labor or services performed in connection with such repairs and replacements as necessary in connection therewithalterations or otherwise. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything Prior to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving commencement of any furnitureSignificant Repair or Improvement or Renovation Capital Expenditure, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord which for the monthly maintenance purposes of the heating, ventilating clauses (i) and air conditioning equipment serving the Premises, or Landlord may contract with a service company of its own choosing (or provide such service itselfii) for the maintenance, repair or replacement (when Landlord deems it necessary) of the heating, ventilating and air conditioning 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. 10.3. Landlord’s obligation with respect to repairs below shall be limited to the structural parts of Renovation Capital Expenditures that are for construction on the Premises, which structural parts include only the roof, beams and columns bearing the main load all of the rooffollowing requirements and conditions shall be satisfied: (i) The Agent (acting at the 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 lien-free basis, other than Permitted Liens, (y) the Renovation Capital Expenditures can be completed on or before 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 (z) any other Significant Repair or Improvement can be completed prior to the Termination Date; (ii) If reasonably requested by the Agent, the structural integrity Agent shall have received architectural or engineering plans and specifications for the Renovation Capital Expenditures and any other Significant Repair or Improvement and an estimate of the roof costs and expenses of such Renovation Capital Expenditures and any other Significant Repair or Improvement; (excluding skylightsiii) 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), sidewalls all of which shall be in form and foundationsubstance 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 this Section 7.18(b) hereof, and (ii) with respect to any Renovation Capital Expenditures, also in compliance with Section 4.3(b).

Appears in 1 contract

Sources: Loan and Facilities Agreement (Bh Re LLC)

Repairs. 10.1. Except for damage by casualty as provided under Section Subject to Articles 11 or as otherwise provided in Section 10.3 belowand 13 and this Article 7, Tenant shall shall, at ▇▇▇▇▇▇'s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys in good order, repair and lockscondition at all times during the Lease Term. In addition, fire extinguisherssubject to the terms of Article 11, plumbing below, Tenant shall, at ▇▇▇▇▇▇'s own expense, but under the supervision and other fixturessubject to the prior approval of Landlord, heatingand within any reasonable period of time specified by Landlord, air-conditioningpursuant to the terms of this Lease, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving Article 8 hereof, promptly and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by Landlord casualty, ordinary wear and tear, casualty, condemnation or beyond the reasonable control of Tenant) in good and sanitary condition and repair; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, 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 paid or incurred by expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord therefor may, but shall not be reimbursed by Tenant promptly after request by Landlordrequired to, enter the Premises at all reasonable times to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, alterations, improvements or additions to the contrary contained Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall repair and maintain in good order, condition and repair, the structural portions of the Project (including, without limitation, foundations, exterior walls, bearing walls and support beams), the exterior windows of the Project, the roof of the Project, the Building systems and Building equipment and the Common Areas of the Project; provided, however, to the extent such Landlord-required maintenance and repairs are required to be performed as a result of the negligence or willful misconduct or breach of this LeaseLease by Tenant, its agents, employees or invitees, Tenant shall indemnify pay to Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roofrent, the structural integrity reasonable cost of the roof (excluding skylights), sidewalls such maintenance and foundation.repairs. Tenant hereby waives any and all rights under

Appears in 1 contract

Sources: Office Lease (Aadi Bioscience, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowArticle 11 of this Lease and subject to the provisions of Article 9 of this Lease, Tenant shall keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s its sole cost and expense, keep the Premises in good repair and tenantable condition during the Term, and Tenant shall promptly arrange with Landlord at Tenant's sole cost and expense for the repair of all damages to the Premises and for the replacement or repair of all damaged or broken glass, fixtures, and appurtenances within any reasonable period of time specified by Landlord, provided, however, that Tenant shall not be required to repair or replace broken or damaged exterior window glass, unless such work shall be performed in a first classreplacement or repair is necessitated by the act, workmanlike manner and using replacement parts of comparable or better quality, style, materialsfailure to act, 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 neglect of items shall be of the same sizeTenant, qualityits servants, color and design as the items replacedemployees, agents, invitees, or guests. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenancereplacements, and the costs paid or incurred by Landlord therefor for such repairs and replacements shall be reimbursed deemed additional rent reserved under this Lease due and payable forthwith. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make any repairs, alterations, improvements, or additions, including, but not limited to, ducts and all other facilities for 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 Tenant promptly after request any governmental authority or by Landlordthe order or decree of any court or by any other proper authority. In the event Landlord or its agents or contractors shall elect or be required to make repairs, such amounts being additional Rent hereunder. Notwithstanding anything alterations, improvements, or additions to the contrary contained Premises or the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements, or additions and, during the continuance of any of said work, to temporarily close doors, entryways, public space, and corridors in this Leasethe Building and to interrupt or temporarily suspend any services and facilities without being deemed or held guilty of an eviction of Tenant or liable for damages to Tenant's property, business, or person, and the rent reserved herein shall in no way abate while said repairs, alterati▇▇▇, improvements, or additions are being made, and Tenant shall not be entitled to maintain any setoff or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all such repairs, alterations, improvements, or additions in and about the Building and the Premises during ordinary business hours, but if Tenant desires to have the same done at any other time, Tenant shall indemnify Landlord and pay for any repairs all overtime and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitorsadditional expenses resulting therefrom. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Charys Holding Co Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, (a) Tenant shall take good care of the premises and the fixtures, appurtenances, equipment and facilities therein and shall make, as and when needed, all repairs in and about the premises required to keep them in good order and condition; such repairs to be equal in quality to the Premisesoriginal work, provided that the Tenant shall not be obligated for structural or exterior repairs to the building or for repairs to the systems and facilities of the building for the use or service of tenants generally (including the plumbing, heating and electrical systems), other than fixtures, appurtenances, equipment and facilities in the premises, except where structural or exterior repairs or repairs to such systems and facilities are made necessary by reason of one or more of the occurrences described below in clauses (i) through (iv) of this Article THIRD (a). Should the Tenant fail to repair any condition in or about the premises or the fixtures, appurtenances, equipment and facilities therein which is of such a nature that its neglect would be reasonably likely to result in damage or danger to the building, its fixtures, appurtenances, facilities and equipment, or to its occupants (of which nature the Landlord shall be the sole judge) or, in the case of repairs of any other nature, should the Tenant have failed to make the required repairs or to have begun, in good faith, the work necessary to make them within five days after notice from the Landlord of the condition requiring repair, then in either case, the Landlord may (but shall have no obligation to) immediately enter the premises and make the required repairs at the expense of the Tenant. The Landlord may (but shall have no obligation to) make, at the expense of the Tenant, any repairs to the building or to its fixtures, appurtenances, facilities or equipment, whether of a structural or non-structural any other nature, which are required by reason of damage or injury due (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 thereofi) and all alterations and improvements to the Premises whether installed by Landlord negligence or the improper acts of the Tenant or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its 's employees, agents, contractors, licensees or visitors. 10.2. Notwithstanding anything ; (ii) to the contrary in Section 10.1 abovemoving, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance into or out of the heatingbuilding, ventilating and air conditioning equipment serving of property being delivered to or taken from the Premisespremises by Tenant, Tenant's agents, employees, contractors, licensees or Landlord may contract with a service company of its own choosing visitors; (or provide such service itselfiii) for to the maintenanceinstallation, repair or replacement (when Landlord deems it necessary) removal of the heatingproperty of the Tenant in the premises by Tenant or Tenant's agents, ventilating and air conditioning equipment serving employees, contractors, licensees or visitors; or (iv) to the Premises and ▇▇▇▇ Tenant faulty operation of any machinery, equipment, or facility installed in the premises by or for the costs Tenant. The Tenant will pay the actual and reasonable cost of any repairs made by the Landlord pursuant to this paragraph upon presentation of bills therefor, or the Landlord may, at its option, add such amounts to any installment or installments of rent due under this lease and collect the same as additional Rentrent. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlord. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts liability of the PremisesTenant under this Article THIRD shall survive the expiration or other termination of this lease. Except for the repairs which are the Tenant's obligations under the first sentence of this Article THIRD (a), which structural parts include only the roofLandlord, beams at Landlord's cost and columns bearing the main load expense, will, upon notice of the roofneed therefor, make the structural integrity of repairs required and perform all maintenance necessary to keep the roof building and its fixtures, appurtenances, facilities, equipment and systems (excluding skylights)including the plumbing, sidewalls heating and foundationelectrical systems) in good working order.

Appears in 1 contract

Sources: Lease (Sma Real Time Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant’s own expense, keep the Premises, whether structural or non-structural including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light plumbing fixtures and bulbsequipment such as dishwashers, keys garbage disposals, and locks, fire extinguishers, plumbing and other fixtures, heating, airinsta-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessaryhot dispensers), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good order, repair and sanitary condition and repair, and in compliance with at all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewithtimes during the Lease Term. In the event that any repairs or maintenance are requiredaddition, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, but under the supervision and such work shall be performed in a first classsubject to the prior approval of Landlord, workmanlike manner and using replacement parts within any reasonable period of comparable time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or better qualityrepair all damaged, style, materialsbroken, or construction. All such repairs worn fixtures and maintenance shall be approved appurtenances, except for damage caused by Landlord in advance in writing unless ordinary wear and tear or beyond the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements reasonable control of items shall be of the same sizeTenant; provided however, qualitythat, color and design as the items replaced. If at Landlord’s option, or if Tenant does not promptly fails to make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (not to exceed five percent (5%) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid base building systems and equipment of the Building (including without limitation the base Building HVAC and plumbing systems, base Building fire safety systems, and elevators) and the Common Areas, except to the extent that such repairs are required due to the negligence or incurred by willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord therefor shall be reimbursed by Tenant promptly after request nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease’s insurance, Tenant shall indemnify only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and pay for any repairs all rights under and maintenance to areas benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises made necessary in whole California Civil Code or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Docusign Inc)

Repairs. 10.1. Except for damage by casualty as provided under Subject to the terms of Section 11 or as otherwise provided in Section 10.3 belowhereof, Tenant shall will, at ▇▇▇▇▇▇'s own expense, keep the PremisesPremises in good order, whether structural or non-structural (includingrepair and condition at all times during the Term, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys Tenant shall promptly and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed by Landlord and replace or Tenant) in good repair all damaged or broken fixtures and sanitary condition appurtenances, under the supervision and repairsubject to the approval of the Landlord, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In within any reasonable period of time specified by the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedLandlord. If Tenant does not promptly make such arrangementsdo so, Landlord may, upon prior reasonable notice (except no notice shall be necessary in an emergency) but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage (not to exceed 10%) of the costs paid thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or incurred 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 Landlord therefor governmental authority or court order or decree. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing Tenant's supplemental HVAC system within the Premises. The maintenance contractor and the contract shall be reimbursed by Tenant promptly after request approved by Landlord, which approval shall not unreasonably be withheld. The service contract must include services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of the Area A Commencement Date. Landlord shall, at Landlord's expense (subject to inclusion of such amounts being additional Rent hereunder. Notwithstanding anything expenses in Operating Expenses to the contrary contained extent permitted by Section 3 hereof), keep in this Leasegood order, Tenant shall indemnify Landlord repair and pay for any repairs condition consistent with a Class "A" office building in downtown Chicago and maintenance to maintain in compliance with all applicable laws at all times during the Term, all structural elements of the Building, including floor and ceiling slabs, the exterior walls and windows, the roof, common Building mechanical, plumbing, electrical and HVAC systems, the elevators, the washrooms, the lobby of the Building and all other common areas of the Premises made necessary in whole Building to the extent such systems or in part by the moving common areas service or are of any furniture, fixtures, or other property benefit to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease (Tenfold Corp /Ut)

Repairs. 10.1Section 6.01. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep take good care of the PremisesDemised Premises and the fixtures therein and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and condition. Tenant, whether structural or non-structural (includingat its expense, without limitation: shall make all repairs to the ceilingsHVAC, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishersmechanical, plumbing and other fixtureselectrical systems within the Demised Premises resulting from the negligence or willful misconduct of Tenant, heatingits agents, air-conditioning, ventilation, electrical, sprinkler contractors and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements employees. All damage or injury to the Demised Premises whether installed or the Building or to any building equipment or systems caused by Landlord Tenant moving property in or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be out of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, Building or by Tenant installation or removal of personalty or resulting from negligence or conduct of Tenant, its employees, agents, contractors, customers, invitees and visitors, shall be repaired, promptly by Tenant at Tenant's expense, and whether or visitorsnot involving structural changes or alterations, to the satisfaction of Landlord. All repairs shall include replacements or substitutions where necessary and shall be at least equal to the quality, class and value of the property repaired, replaced or substituted and shall be done in a good and workmanlike manner. 10.2Section 6.02. Notwithstanding anything Landlord, at its expense, shall maintain and make all repairs and replacements, structural and otherwise, to the contrary in exterior and public portions of the Building and to the Demised Premises, unless Tenant is required to make them under the provisions of Section 10.1 above, Landlord6.01 or unless required as a result of the performance or existence of alterations performed by Tenant or on Tenant's behalf, in which event Tenant, at its sole discretionexpense, may require shall perform such maintenance, repairs or replacements. Tenant to contract with a contractor designated by shall notify Landlord for the monthly maintenance of the heatingnecessity for any repairs for which Landlord may be responsible in the Demised Premises under the provisions of this Section. Landlord shall have no liability to Tenant by reason of any inconvenience, ventilating and air conditioning equipment serving annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Building or the Demised Premises, or Landlord may contract with a service company of its own choosing (in or provide such service itself) for to the maintenancefixtures, repair equipment or replacement (when Landlord deems it necessary) appurtenances of the heating, ventilating and air conditioning equipment serving Building or the Premises and ▇▇▇▇ Tenant for the costs of same as additional RentDemised Premises. Section 6.03. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlord. 10.3. Landlord’s obligation with respect to repairs shall be limited to not store or place any materials or other obstructions in the structural parts lobby or other public portions of the PremisesBuilding, which structural parts include only or on the roof, beams and columns bearing sidewalk abutting the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationBuilding.

Appears in 1 contract

Sources: Lease (Global Technologies LTD)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise specifically provided in Section 10.3 belowthis Lease to the contrary, subject to the provisions of Article 4 above, Landlord shall keep the structural portions of the Building and the Premises, including the water lines, plumbing, HVAC, electrical systems and other systems of the Building, maintained and in a state of good repair consistent with that typically maintained by comparable office buildings in the Mid-Wilshire district of Los Angeles, California. Subject to Landlord's obligations under the first sentence of this Article 7, at all times during the Lease Term, Tenant shall shall, at Tenant's own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good order, repair and sanitary condition and repair, and in compliance with at all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewithtimes during the Lease Term. In the event that any repairs or maintenance are requiredaddition, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost 's own expense but under the supervision and expensesubject to the prior approval of Landlord, and such work shall be performed in a first classwithin any reasonable period of time specified by Landlord, workmanlike manner promptly and using replacement parts adequately repair all damage to the interior (non-structural) portions of comparable the Premises and replace or better qualityrepair all damaged or broken fixtures and appurtenances; provided however, stylethat, materialsat Landlord's option, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If if Tenant does not promptly fails to make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building, but in no event to exceed five percent (5%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs paid or incurred by expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord therefor may, but shall not be reimbursed by Tenant promptly after request by Landlordrequired to, enter the Premises at all reasonable times to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, alterations, improvements and additions to the contrary contained Premises or to the Building or to any equipment located in this Lease, the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant shall indemnify Landlord hereby waives and pay for any releases its right to make repairs at Landlord's expense under Sections 1941 and maintenance to areas 1942 of the Premises made necessary in whole California Civil Code; or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Ticketmaster)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, 9.1 The Tenant covenants with the Landlord that the Tenant shall at all times during the Term at its own cost and expense: (a) repair, maintain and keep the PremisesDemised Premises in good order and repair, whether structural or non-structural as a careful owner would do, reasonable wear and tear excepted; and (b) repair, maintain and keep all equipment and fixtures in the Demised Premises in good order and repair and replace the same when necessary, as a careful owner would do, including, without limitation: limitations, the ceilingsfloor, wallswindows, floor-coverings, wall-coverings, doors, exterior plate glass, light fixtures glass partitions within the Demised Premises, and bulbsany improvements now or hereafter made to the Demised Premises, keys reasonable wear and lockstear and repairs for which the Landlord is responsible only excepted; provided however that if such repairs by the Landlord are required as a result of the act or omission of the Tenant, fire extinguishersits servants, plumbing agents or employees, the Tenant shall pay to the Landlord, on demand, the costs of such repairs as Additional Rental and other fixturesthe Tenant covenants to perform such maintenance, to effect such repairs and replacements and to decorate at its own cost and expense as and when necessary or reasonably required so to do by the Landlord. 9.2 The Tenant shall, when necessary and, whether upon receipt of notice from the Landlord or not, effect and pay for such maintenance, repairs, replacements or decoration as may be the responsibility of the Tenant under the foregoing paragraph provided that no maintenance, repairs or replacements to the structure, any perimeter wall, the store front, the sprinkler system, the heating, ventilating, air-conditioning, ventilationplumbing, electrical, sprinkler and electrical or mechanical facilities, including equipment or the Systems and Equipment, paved areas (including concrete floor shall be made without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repairprior written consent of the Landlord, and in compliance so doing shall use contractors or other workmen designated or approved by the Landlord in writing, such approval not to be reasonably withheld or delayed. 9.3 The Landlord covenants with the Tenant that the Landlord shall at all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In times during the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for Term at the same, at Tenant’s sole 's cost and expense, expense repair and such work shall be performed in replace as a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of careful owner would do the heating, ventilating ventilating, air-conditioning, plumbing, sprinkler, mechanical and air conditioning electrical equipment serving and fixtures (including all the parts, wiring and pipes thereof) within the Demised Premises, or Landlord may contract with a 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (El Grande Com Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, 9.1 own cost and expense: The Tenant covenants with the Landlord that the Tenant shall at all times during the Term at its (a) repair, maintain and keep the PremisesDemised Premises in good order and repair, whether structural or non-structural as a careful owner would do, reasonable wear and tear excepted; and (b) repair, maintain and keep all equipment and fixtures in the Demised Premises in good order and repair and replace the same when necessary, as a careful owner would do, including, without limitation: limitations, the ceilingsfloor, wallswindows, floor-coverings, wall-coverings, doors, exterior plate glass, light fixtures glass partitions within the Demised Premises, and bulbsany improvements now or hereafter made to the Demised Premises, keys reasonable wear and lockstear and repairs for which the Landlord is responsible only excepted; provided however that if such repairs by the Landlord are required as a result of the act or omission of the Tenant, fire extinguishersits servants, plumbing agents or employees, the Tenant shall pay to the Landlord, on demand, the costs of such repairs as Additional Rental and other fixturesthe Tenant covenants to perform such maintenance, to effect such repairs and replacements and to decorate at its own cost and expense as and when necessary or reasonably required so to do by the Landlord. 9.2 The Tenant shall, when necessary and, whether upon receipt of notice from the Landlord or not, effect and pay for such maintenance, repairs, replacements or decoration as may be the responsibility of the Tenant under the foregoing paragraph provided that no maintenance, repairs or replacements to the structure, any perimeter wall, the store front, the sprinkler system, the heating, ventilating, air-conditioning, ventilationplumbing, electrical, sprinkler and electrical or mechanical facilities, including equipment or the Systems and Equipment, paved areas (including concrete floor shall be made without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repairprior written consent of the Landlord, and in compliance so doing shall use contractors or other workmeii designated or approved by the Landlord in writing, such approval not to be reasonably withheld or delayed. 9.3 The Landlord covenants with the Tenant that the Landlord shall at all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In times during the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for Term at the same, at Tenant’s sole 's cost and expense, expense repair and such work shall be performed in replace as a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of careful owner would do the heating, ventilating ventilating, air-conditioning, plumbing, sprinkler, mechanical and air conditioning electrical equipment serving and fixtures (including all the parts, wiring and pipes thereof) within the Demised Premises, or Landlord may contract with a 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Elgrande Com Inc)

Repairs. 10.1. Except 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 (except for damage by casualty as provided under Section 11 or reasonable wear and tear and as otherwise provided in Section 10.3 belowthis Lease) and replace or repair all damaged or broken glass (including signs thereon), 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 bulbsappurtenances, keys under the direct supervision and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including with the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repairapproval of Landlord, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that within any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts reasonable period of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved time specified by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedlandlord. If Tenant does not promptly make such arrangementsdo so, or at Landlord’s election, Landlord may, but need not, make such repairs or replacements and maintenancethe amount paid by Landlord for such repairs and replacements (including Landlord’s overhead and profit and the cost of general conditions) shall be deemed additional rent reserved under this Lease due and payable forthwith. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the Village of Bloomingdale or by the order or decree of any court or by any other governmental authority. In the event Landlord or its agents or contractors shall elect or be required to make repairs, alterations, improvements or additions to the Premises or the Building or 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 costs paid or incurred by Landlord therefor rent reserved herein shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 equipment serving the Premises and no way a▇▇▇▇ Tenant for the costs of same as additional Rent. The sum so billed to while said repairs, alterations, improvements or additions are being made, and Tenant shall become immediately due not be entitled to maintain any set-off or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and payable by additions in and about the Building and the Premises during ordinary business hours, but if Tenant desires to Landlordhave the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Midwest Banc Holdings Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant’s own expense, keep the Premises, whether structural or non-structural including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light plumbing fixtures and bulbsequipment such as dishwashers, keys garbage disposals, and locks, fire extinguishers, plumbing and other fixtures, heating, airinsta-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessaryhot dispensers), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the carpet or other floor covering on the floor or floors of the Building on which the Premises whether installed by Landlord or Tenant) are located, in good order, repair and sanitary condition and repair, and in compliance with at all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewithtimes during the Lease Term. In the event that any repairs or maintenance are requiredaddition, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, but under the supervision and such work shall be performed in a first classsubject to the prior approval of Landlord, workmanlike manner and using replacement parts within any reasonable period of comparable time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or better qualityrepair all damaged, style, materialsbroken, or construction. All worn fixtures and appurtenances, except for damage caused by ordinary wear and tear, damage caused by Landlord or any Landlord Party, and damage caused by other events beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs after notice and maintenance a reasonable opportunity to cure (provided that such notice and cure right shall not be approved by Landlord applicable in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000case of an emergency). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the reasonable cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not in excess of three percent (3%)) 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 be responsible for maintaining in good condition and making repairs to the Common Areas, the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid base building systems and equipment (including the base building utility systems and base building utility equipment) of the Building, except to the extent that such repairs are required due to the negligence or incurred by willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord therefor shall be reimbursed by Tenant promptly after request nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease’s insurance, Tenant shall indemnify only be obligated to pay any deductible in connection therewith. Landlord and pay for any repairs and maintenance to areas of may, but shall not be required to, enter the Premises made at all reasonable times upon reasonable prior notice to Tenant (except that no notice shall be required in the event of an emergency) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall deem reasonably necessary in whole 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 part by equity to make repairs at the moving expense of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Blucora, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant's own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys and locksthe floor or floors of the Building on which the Premises are located, fire extinguishersin good order, plumbing repair and other fixturescondition at times during the Lease Term. In addition, heatingTenant shall, air-conditioningat Tenant's own expense, ventilationbut under the supervision and subject to the prior approval of Landlord, electricaland within any reasonable period of time specified by Landlord, sprinkler promptly and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, Landlord or Tenant) in good and sanitary condition and repairshall have the exclusive right, and in compliance with all Laws now or hereafter adoptedat Landlord's option, and shall maintain and but not the obligation, to make such repairs and replacements as necessary replacements, and Tenant shall pay to Landlord the cost thereof, including Landlord's standard fee for its involvement with such repairs and replacements, promptly upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structure, portions of the floors of the Building, and the systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need notshall not be required to, enter the Premises at all reasonable times to make such repairs and maintenancerepairs, and the costs paid alterations, improvements or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything additions to the contrary contained Premises or to the Project or to any equipment located in this Leasethe Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi- governrnental authority or court order or decree. Tenant hereby, Tenant shall indemnify Landlord waives any and pay for any repairs all rights under and maintenance to areas benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises made necessary in whole California Civil Code or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorsher after in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Surge Components Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep give to Landlord prompt notice of any damage to, or defective condition in any part of or appurtenance to the PremisesBuilding's plumbing, 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 fixtureselectrical, heating, air-conditioningconditioning or other systems serving, ventilationlocated in, electricalor passing through the Premises. Subject to the provisions of Article 11, sprinkler and mechanical facilitiesTenant shall, at Tenant's own expense, keep the Pre▇▇▇▇▇, including everything therein (except the Systems heating and Equipmentair-conditioning systems), paved areas in good order, condition and repair during the term. Landlord shall, as part of the Operating Costs set forth in Article 6, maintain the heating and air-conditioning systems through out the Building (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereofthe Premises) and the outside walls, outside windows, roof and foundation of the Building containing the Premises in good order and repair. Repairs made by Landlord required due to negligence or fault of Tenant, its contractors, agents or employees shall be made at Tenant's expense, plus nineteen percent (19%) administrative charge. Tenant, at Tenant's expense, shall comply with all alterations laws or ordinances, and improvements all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises whether installed or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply within any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a 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 he made using contractors approved by Landlord, which approval shall not be unreasonably withheld. If Tenant fails or neglects to comply within any laws or ordinances, rules and regulations of any governmental authority or insurance body as herein required of Tenant, then Landlord or its agents may enter the Premises and make said repairs and comply with any laws or ordinances, or the rules and regulations of any governmental authority or insurance body at the cost and expense of the Tenant, plus a nineteen percent (19%) in good and sanitary condition and repairadministrative charge, and in compliance with all Laws now or hereafter adoptedcase Tenant fails to pay therefore upon notice within five (5) days thereafter, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole said cost and expense, and such work expenses shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything added to the contrary contained in this Lease, Tenant shall indemnify Landlord next month's installment of Fixed Monthly Remit and pay for any repairs be due and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, payable as such or Landlord may contract with a service company of its own choosing (or provide such service itself) for deduct the maintenance, repair or replacement (when Landlord deems it necessary) of the heating, ventilating and air conditioning equipment serving the Premises and ▇▇▇▇ Tenant for the costs of same as additional Rentfrom any balance remaining in Landlord's hands. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlord. 10.3. Landlord’s obligation with respect to repairs shall be limited This provision is in addition to the structural parts right of Landlord to terminate this Lease by reason of default on the Premises, which structural parts include only the roof, beams and columns bearing the main load part of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationTenant.

Appears in 1 contract

Sources: Office Lease Agreement (Logisoft Corp)

Repairs. 10.1(A) 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. Except for damage 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 casualty as provided 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 Section 11 Tenant, by reason of a default in the performance or as otherwise provided in Section 10.3 belowobservance 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 keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and make all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements or alterations as necessary in connection therewithmay be necessary, should the party at fault be found to be affiliated with Tenant except as otherwise required under Article 13 (A). In the event that Landlord shall not be deemed to have committed a breach of any obligation to make repairs or maintenance are required, Tenant alterations or perform any other act unless Landlord shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All have made such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for or alterations or performed such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 equipment serving the Premises and ▇▇▇▇ Tenant for the costs of same as additional Rentact negligently. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlord. 10.3. Landlord’s obligation with respect to repairs liability shall be limited to the structural parts cost of making such repairs or alterations or performing such other act. As used in this Lease, the expressions “exterior walls” and “roof” do not include rooftop heating and/or air conditioning units serving the Demised Premises exclusively or glass, windows, doors, window sashes or frames, door frames or sign belt. (B) Tenant shall during the term of this lease make all repairs and alterations to the Demised Premises which Tenant is required to maintain and or replace as hereinafter set forth, which may be necessary to maintain the same in good order, repair and condition, or which may be required by any laws, ordinances, regulations or requirements of any public authorities having jurisdiction subject only to the provisions of Articles 13 and 14; and Tenant shall upon the expiration or other termination of the term of this lease remove its property and that of all persons claiming under it and shall yield up peaceably to Landlord the Demised Premises and all property therein other than property of Tenant or persons claiming under Tenant, broom clean, and in good order, repair and condition, and subject only to the provisions of Articles 13 and 14 and shall then surrender all keys for the Demised Premises and shall inform Landlord of all combinations on locks and safes. The property which Tenant is required to maintain is the Demised Premises and every part thereof, including without limitation, (I) the floor slab, and all walls, floors and ceilings, (II) the heating, ventilating air conditioning system and all utilities (water, gas, electricity and sewerage) conduits, fixtures, lamps, ballast, and light bulbs, meters and equipment to the extent the same serve the Demised Premises (III) all glass, windows, doors, window sashes and frame, and door frames, and (IV) Tenant shall at all times keep in full force and effect full (all labor and materials included) service and maintenance contract, approved by Landlord, for the heating, ventilating, air conditioning system of the Demised Premises. Landlord may, at its option, reserve the right to be the contractor providing the above services and maintenance contracts and charge the Tenant for such cost at rates similar to those prevailing in the industry and approved by tenant which structural parts include only will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall not be under any obligation to make repairs or alterations to the foundation, roof, exterior walls, floor slab (except to the extent that the Tenant has caused damage), structural columns or structural beams and columns bearing the main load of the roofDemised Premises or to make any repair or assume any responsibility of Landlord under Section (A) of this Article, except to the structural integrity extent provided in Section (A) of this Article. Tenant specifically agrees to replace all glass on the Demised Premises damaged with glass of the roof (excluding skylights)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 above, sidewalls and foundationlandlord shall be responsible for the maintenance of the HVAC system for suite 104.

Appears in 1 contract

Sources: Lease Agreement (RXi Pharmaceuticals Corp)

Repairs. 10.1Section 6.01. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep take good care of the Premises, whether structural or non-structural (includingportions of the Demised Premises and the fixtures therein and all portions of the HVAC serving the Demised Premises, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishersmechanical, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler electrical systems within and mechanical facilities, including exclusively serving the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repairDemised Premises, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s its sole cost and expense, expense make all repairs thereto as and such work shall be performed when needed to preserve them in a first class, workmanlike manner good working order and using replacement parts of comparable or better quality, style, materials, or constructioncondition. All such repairs and maintenance shall be approved damage or injury to the Demised Premises or the Building or to any building equipment or systems caused by Landlord Tenant moving property in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be or out of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, Building or by Tenant installation or removal of personalty or resulting from negligence or intentional misconduct of Tenant, its employees, agents, contractors, customers, invitees and visitors, shall be repaired, promptly by Tenant at Tenant's expense, and whether or visitorsnot involving structural changes or alterations, to the satisfaction of Landlord. All repairs shall include replacements or substitutions where necessary and shall be at least equal to the quality, class and value of the property repaired, replaced or substituted and shall be done in a good and workmanlike manner. 10.2Section 6.02. Notwithstanding anything Landlord, at its expense, shall maintain and make all repairs and replacements, structural and otherwise, to the contrary in exterior and public portions of the Building and to the Demised Premises, unless Tenant is required to make them under the provisions of Section 10.1 above, Landlord6.01 or unless required as a result of the performance of alterations by Tenant or on Tenant's behalf, in which event Tenant, at its sole discretionexpense, may require shall perform such maintenance, repairs or replacements. Tenant to contract with a contractor designated by shall notify Landlord for the monthly maintenance of the heatingnecessity for any repairs for which Landlord may be responsible in the Demised Premises under the provisions of this Section. Landlord shall have no liability to Tenant by reason of any inconvenience, ventilating and air conditioning equipment serving annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Building or the Demised Premises, or Landlord may contract with a service company of its own choosing (in or provide such service itself) for to the maintenancefixtures, repair equipment or replacement (when Landlord deems it necessary) appurtenances of the heatingBuilding or the Demised Premises, ventilating and air conditioning equipment serving provided that Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant's business operations in the Premises and ▇▇▇▇ Tenant for the costs of same as additional RentDemised Premises. Section 6.03. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlord. 10.3. Landlord’s obligation with respect to repairs shall be limited to not store or place any materials or other obstructions in the structural parts lobby or other public portions of the PremisesBuilding, which structural parts include only or on the roof, beams and columns bearing sidewalk abutting the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationBuilding.

Appears in 1 contract

Sources: Lease Agreement (Jesup & Lamont, Inc.)

Repairs. 10.1ALTERATIONS, AND IMPROVEMENTS; STATE OF REPAIR ON TERMINATION; FUTURE DEVELOPMENT AND LESSEE'S OPTIONS WITH RESPECT THERETO Lessee agrees that Lessor shall be under no obligation to rebuild, replace, maintain or make any repairs to the leased premises, or to the improvements thereon, during the lease term or any renewal thereof. Except Lessee shall, at all times during the lease term or any renewal thereof, and at its own cost and expense, put, keep, replace and maintain in thorough repair and good, safe and substantial order and condition, except for damage by casualty as provided under Section 11 ordinary wear and tear, all buildings and improvements erected on the leased premises, or as otherwise provided in Section 10.3 belowforming a part thereof (including all building equipment which is an integral part of the building structures), Tenant shall keep the Premisesboth inside and outside, whether structural or and non-structural (includingstructural, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures extraordinary and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all ordinary. Lessor agrees that Lessee may make or permit to be made such alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements leased premises as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay Lessee may deem desirable for the sameuse thereof and may, at Tenant’s sole Lessee's option and without cost to Lessor, at any time and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materialsfrom time to time during the original lease term, or constructionduring any option period hereinafter provided for, do any one or more of the following, to wit: I. Alter or remodel any building or improvements on the leased premises, provided the market value of any building or improvements so altered or remodeled is not adversely affected thereby; and/or II. All such repairs Construct an addition, or additions thereto; and/or III. Raze any building or improvement situated on the leased premises and maintenance shall be approved by Landlord in advance in writing unless erect on the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items leased premises a new building or improvement which shall be of a value not less than the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas market value of the Premises made necessary in whole building or in part improvement so razed at the time of its demolition; and/or IV. Construct an additional new building or buildings on the leased premises; provided that Lessee shall first obtain any building and alteration permits that may be required by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance governmental authorities having jurisdiction and provided further that Lessee shall complete construction of the heating, ventilating and air conditioning equipment serving the Premises, new building or Landlord may contract with a 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 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 improvement required by Tenant to Landlord. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.clause III above within

Appears in 1 contract

Sources: Lease Agreement (SFG Capital Corp)

Repairs. 10.1. Except for damage by casualty (a) Landlord shall, as provided under Section 11 or as otherwise provided in Section 10.3 belowpart of Operating Expenses, Tenant shall keep the Premises, whether structural or non-structural common areas of the Building (including, without limitation: , all concourses, pedestrian passageways, elevator lobbies and restrooms), the ceilingsroof, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures structural elements of the Building and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilationthose portions of the mechanical, electrical, sprinkler plumbing, HVAC and mechanical facilitiesother systems serving both the Premises and other areas of the Building in good order, repair and condition, including replacement or repair of all damaged or broken fixtures and appurtenances, at all times during the Systems Term. (b) Except as provided in Section 7(a) above, Tenant will, at Tenant's own expense, keep the Premises in good order, repair and Equipmentcondition at all times during the Term, paved areas (including without limitation repaving subject to reasonable wear and re-striping as necessary)tear, landscaping, parking areas (including striping and re-paving thereof) Tenant shall promptly and adequately repair all alterations and improvements damage to the Premises whether installed by Landlord and replace or Tenant) repair all damaged or broken fixtures and appurtenances included in good the Premises, under the supervision and sanitary condition and repairsubject to the approval of the Landlord, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In within any reasonable period of time specified by the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedLandlord. If Tenant does not promptly make such arrangementsdo so, Landlord may, but need not, make such repairs and maintenancereplacements, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify pay Landlord and pay for any repairs and maintenance to areas the reasonable cost thereof plus (x) all of the Premises made necessary in whole or in part by the moving of any furnitureLandlord's costs associated therewith (including, fixtureswithout limitation, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated all sums expended by Landlord for the monthly maintenance review of the heating, ventilating plans and air conditioning equipment serving the Premises, or Landlord may contract with specifications) and (y) a service company of its own choosing coordination fee equal to ten percent (or provide such service itself) for the maintenance, repair or replacement (when Landlord deems it necessary10%) of the heatingactual total cost of any such repair or replacement. Tenant shall pay such costs and fee within twenty (20) days after being billed therefor. Landlord may, ventilating and air conditioning equipment serving but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements, installations 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. 10.3. Landlord’s obligation with respect to repairs shall be limited additions to the structural parts of Premises or to the Premises, which structural parts include only Building or to any equipment located in the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationBuilding as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental authority or court order or decree.

Appears in 1 contract

Sources: Lease Agreement (Talk America Holdings Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, (a) Tenant shall keep keep, maintain and preserve the PremisesPremises in good order, whether structural or non-structural (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, wallswalls and floors, floor-coverings, wall-coverings, all doors, exterior glassall interior windows, all non-standard plumbing, pipes, electrical wiring, light fixtures and bulbs, keys switches, furnishings, signs and locksspecial items and equipment installed by or at the expense of Tenant. Landlord shall have no obligation to alter, fire extinguishersremodel, plumbing improve, repair, decorate or paint the Premises or any part thereof. Tenant and other fixturesLandlord affirm that Landlord has made no representations to Tenant respecting the condition of the Premises, heatingthe Building, air-conditioningthe Common Areas, ventilationor the Project except as specifically set forth in this Lease. (b) Anything Contained in Paragraph 15 (a) to the contrary notwithstanding, electrical, sprinkler Landlord shall repair (including any necessary replacements) and mechanical facilitiesmaintain the Common Areas, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repairexterior lighting, and in compliance with all Laws now or hereafter adoptedthe structural portions of the Building and the Building plumbing, heating, ventilating, air conditioning and shall maintain electrical systems and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts costs of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved included in Operating Expenses. 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 business arising from the making of any repairs, alterations or improvements in or to any portion of the Building, the Premises, the Common Areas, or the Project or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, state or ordinance flow or hereafter in effect. No provisions of 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 in advance in writing unless regarding access to the total cost for such repairs Building Cable. Tenant shall indemnify, defend and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same sizehold Landlord harmless from and against any and all claims, qualitylosses, color liabilities, costs and design as the items replaced. If Tenant does not promptly make such arrangementsexpenses, Landlord mayincluding without limitation, but need notactual attorneys' fees, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything and related to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property Tenant's access to or from work performed in connection with the Premises, or by Tenant or its employees, agents, contractors, or visitorsBuilding Cable. 10.2. Notwithstanding anything (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 contrary in Section 10.1 abovefollowing maintenance and service contacts: (i) landscaping, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the (ii) heating, ventilating ventilation and air conditioning equipment serving the Premises(iii) boiler, fired or Landlord may contract with a service company of its own choosing unfired pressure vessels, (iv) fire sprinkler and/or standpipe and hose or provide such service itselfother automatic fire extinguishing systems including fire alarm and/or smoke detection systems, (v) for the roof covering and drain maintenance, repair or replacement and (when Landlord deems it necessaryvi) of the heating, ventilating asphalt and air conditioning 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 Landlordparking lot maintenance. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Infocrossing Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or ordinary wear and as otherwise provided in Section 10.3 belowthis Lease, Tenant shall at all times during the Term hereof, at its sole expense, keep the PremisesLeased Premises and every part thereof in good order, whether structural 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 non-structural repair of all damaged or broken glass (includingincluding signs thereon), without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsappurtenances (including hardware and heating, keys and lockscooling, fire extinguishersventilating, electrical, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including facilities in the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessaryLeased Premises), landscaping, parking areas (including striping with materials equal in quality and re-paving thereof) and all alterations and improvements class to the Premises whether installed by Landlord original materials damaged or Tenant) in good and sanitary condition and repairbroken, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In to be made under the event that any repairs supervision and with the prior written approval of Landlord, using contractors or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved persons designated by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedLandlord. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, replacements and the costs amount paid or incurred by Landlord therefor for such repairs and replacements shall be reimbursed deemed Additional Rent reserved under this Lease due and payable forthwith. Landlord and its designees may, but shall not be required to, enter the Leased Premises at all reasonable times to make any repairs, alterations, improvements or 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 Tenant promptly after request by Landlord, such amounts being additional Rent hereunderany governmental authority or court order or decree. Notwithstanding anything The cost of all repairs to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises Property made necessary in whole as a result of misuse or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or neglect by Tenant or its Tenant's employees, agents, contractors, invitees or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with agents including a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.percentage

Appears in 1 contract

Sources: Lease Amendment (SPR Inc)

Repairs. 10.1. Except for damage by casualty as provided under In the event Tenant is required to restore the Leased Property and/or Ski Personal Property pursuant to this Section 11 or as otherwise provided in Section 10.3 below10.2, Tenant shall keep commence promptly and continue diligently to perform the Premises, whether structural or non-structural repair and restoration of the Leased Property and/or Ski Personal Property (including, without limitation: hereinafter called 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“Work”), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements so as to restore the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and Leased Property and/or Ski Personal Property in compliance with all Laws now Legal Requirements and so that the Leased Property and/or Ski Personal Property shall be, to the extent practicable, substantially equivalent in value and general utility to its general utility and value immediately prior to such damage or hereafter adopteddestruction. Subject to the terms hereof, Landlord and/or TRS Corp. shall be required to advance the insurance proceeds and any additional amounts payable by Landlord and/or TRS Corp. pursuant to Section 10.2.3 to Tenant regularly during the repair and restoration period so as to permit payment for the cost of any such restoration and repair. Any such advances shall be made not more than monthly within ten (10) Business Days after Tenant submits to Landlord and/or TRS Corp. a written requisition and substantiation therefor on AIA Forms G702 and G703 (or on such other form or forms as may be reasonably acceptable to Landlord and/or TRS Corp.). Landlord and/or TRS Corp. may, at their option, require, prior to advancement of said insurance proceeds and other amounts by Landlord and/or TRS Corp., (a) approval of plans and specifications by an architect satisfactory to Landlord and/or TRS Corp. (which approval shall not be unreasonably withheld, conditioned or delayed), (b) general contractors’ estimates, (c) architect’s certificates, (d) unconditional lien waivers of general contractors, if available, (e) evidence of approval by all Government Agencies and other regulatory bodies whose approval is required, (f) deposit by Tenant of the applicable deductible amount with Landlord and/or TRS Corp., and (g) such other terms as Landlord and/or TRS Corp. may reasonably require. Tenant’s obligation to restore the Leased Property and/or Ski Personal Property pursuant to this Article 10 shall maintain and be subject to the release of available insurance proceeds by Landlord and/or TRS Corp. or directly to Tenant and, in the event such proceeds are insufficient, Landlord and/or TRS Corp. electing to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitorsdeficiency available therefor. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (CNL Income Properties Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 (a) Landlord, at its expense, shall make all necessary repairs, interior or as otherwise provided in Section 10.3 belowexterior, Tenant shall structural or otherwise, to 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 facilitiesBuilding, including the Systems building equipment and Equipmentsystems, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition order and repair, and 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 compliance with all Laws now any plumbing, heating system or hereafter adoptedelectrical lines located in, servicing or passing through the Leased Premises, and following such notice, Landlord shall maintain and make such remedy the condition with due diligence, subject to unavoidable delay, but at the expense of Tenant if repairs and replacements as necessary in connection therewith. In the event are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees, or licensees; provided, however, that any repairs or maintenance are required, no liability of Landlord to Tenant shall promptly arrange accrue under this Lease unless and pay for until Tenant has given notice to Landlord of the samespecific repair to be made. (b) Tenant, at Tenant’s its sole cost and expense, shall take good care of the Leased Premises, including all building equipment and such work systems located in and exclusively serving the Leased Premises and Tenant's property and fixtures. Tenant shall be solely responsible for all maintenance, repairs and replacement of the roof of the Building. Tenant shall make and be responsible for all repairs, interior or exterior, structural or otherwise, as and when needed to preserve the Leased Premises, including such building equipment and systems, and Tenant's property and fixtures, in good working order and condition, the need for which arises out of (i) the performance or existence of any alteration or modification to the Leased Premises made by Tenant, (ii) the installation, use or operation of Tenant's property or fixtures, (iii) the moving of Tenant's property or fixtures in or out of the Building or in and about the Leased Premises, (iv) the acts, omission, negligence or misuse by Tenant or those holding under Tenant, or their use or occupancy or manner or use or occupancy of the Leased 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 a first class, workmanlike manner conformity with the provisions of Section 7.2 and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord at least equal in advance in writing unless quality and class to the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be original construction of the same size, quality, color and design as the items replacedLeased Premises. If Tenant does not promptly fails after 10 days' notice by Landlord to proceed with due diligence to make such arrangementsrepairs required to be made by Tenant, the same may be made by Landlord may, but need not, make such repairs and maintenanceat the expense of Tenant, and the costs paid or expenses of those repairs incurred by Landlord therefor shall be reimbursed by Tenant promptly immediately as Additional Rent after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas submission of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 equipment serving the Premises and ▇▇▇▇ Tenant or statement for the costs of same as additional Rent. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlordsuch repairs. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Inflow Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant's own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys in good order, repair and lockscondition at all times during the Lease Term. In addition, fire extinguishersTenant shall, plumbing at Tenant's own expense, but under the supervision and other fixturessubject to the prior approval of Landlord, heatingand within any reasonable period of time specified by Landlord, air-conditioning, ventilation, electrical, sprinkler promptly and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed by Landlord and replace or Tenant) in good repair all damaged, broken, or worn fixtures and sanitary condition and repairappurtenances; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, 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 be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid or incurred by systems and equipment of the Building, except to the extent that such repairs are required due to the negligence of Tenant; provided, however, that if such repairs are due to the negligence of Tenant, Landlord therefor shall be reimbursed by Tenant promptly after request nevertheless make such repairs at Tenant's expense, or, if covered by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease's insurance, Tenant shall indemnify only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and pay for any releases its right to make repairs at Landlord's expense under Sections 1941 and maintenance to areas 1942 of the Premises made necessary in whole California Civil Code or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Integrated Information Systems Inc)

Repairs. 10.1. Except Tenant will, at its own expense and subject to the provisions of Article 8 of this Lease, keep the Premises in good _____ and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Premises (except for damage by casualty as provided under Section 11 or reasonable wear and tear and as otherwise provided in Section 10.3 belowArticle 25 of this Lease) and replace or repair all damaged or broken glass (including any glass demising walls and signs thereon), 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 bulbsappurtenances, keys under the direct supervision and locks, fire extinguishers, plumbing with the approval of Landlord and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed within any reasonable period of time specified by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedLandlord. If Tenant does not promptly make such arrangementsdo so, or at Landlord's election, Landlord may, but need not, make such repairs or replacements and maintenancethe amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions) shall be deemed additional rent reserved under this Lease due and payable forthwith. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority. In the event Landlord or its agents or contractors shall elect or be required to make repairs, alterations, improvements or additions to the Premises or the Building or 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 costs paid or incurred by Landlord therefor rent reserved herein shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 equipment serving the Premises and no way abat▇ ▇▇▇▇ Tenant for the costs of same as additional Rent. The sum so billed to le said repairs, alterations, improvements or additions are being made, and Tenant shall become immediately due not be entitled to maintain any set-off or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and payable by Tenant to Landlord. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.additions in and

Appears in 1 contract

Sources: Lease Agreement (Winston Furniture Co of Alabama Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant (a) Landlord shall keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) maintain in good and sanitary condition order and repair, subject to normal wear and in compliance with all Laws now or hereafter adoptedtear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas, the landscaped areas, the roof of the Building, the structural floor slab, the structural portions of the interior and exterior structural walls, and shall maintain the base building mechanical, electrical and make such repairs and replacements as necessary in connection therewith. In plumbing systems.. Notwithstanding the event that foregoing obligation, to the extent not covered by insurance, the cost of any repairs or maintenance are requiredto the foregoing necessitated by the willful misconduct or negligence of Tenant or its agents, Tenant shall promptly arrange and pay for the samecontractors, at Tenant’s sole cost and expenseemployees, and such work licensees, subtenants or assigns, shall be performed in a first class, workmanlike manner borne solely by Tenant and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs deemed Rent hereunder and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except for any initial improvements to the Demised Premises pursuant to the provisions of Exhibit "D" and except structural ----------- repairs necessary for safety and tenantability. (b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear, using contractors and subcontractors selected by Tenant and approved by Landlord. Tenant shall at once report, such amounts being additional Rent hereunderin writing, to Landlord any defective or dangerous condition known to Tenant. Notwithstanding anything to To the contrary contained in this Leasefullest extent permitted by law, Tenant shall indemnify not make repairs at the expense of Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in lieu thereof vacate the Demised Premises notwithstanding any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part by the moving of any furniturethereof, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitorsexcept as specifically and expressly herein set forth. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant’s own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilingsfixtures, wallsequipment, floor-window coverings, wall-coveringsand furnishings therein, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good order, repair and sanitary condition and repair, and in compliance with at all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewithtimes during the Lease Term. In the event that any repairs or maintenance are requiredaddition, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, but under the supervision and such work shall be performed in a first classsubject to the prior approval of Landlord, workmanlike manner and using replacement parts within any reasonable period of comparable or better qualitytime specified by Landlord, stylepromptly and adequately repair all damage to the Premises and repair all damaged, materialsbroken, or construction. All such repairs worn fixtures and maintenance shall be approved appurtenances, except for damage caused by Landlord in advance in writing unless ordinary wear and tear, or beyond the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements reasonable control of items shall be of the same sizeTenant; provided however, qualitythat, color and design as the items replaced. If at Landlord’s option, or if Tenant does not promptly fails to make such arrangementsrepairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair or commence and diligently proceed to repair within ten (10) days thereafter, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and not to exceed seven percent (7%)) 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 be responsible for (i) maintaining the Building Common Areas in a manner consistent with the character of the Building as a first-class office building, and (ii) repairs to the exterior windows, walls, floor slabs, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything systems and equipment including without limitation (except as expressly provided to the contrary contained in this Leaseherein) all mechanical, electrical, plumbing and HVAC 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 indemnify only be obligated to pay any deductible in connection therewith. Landlord and pay for any repairs and maintenance to areas of may, but shall not be required to, enter the Premises made at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Building or to any equipment located in the Building as Landlord shall desire or deem necessary in whole or in part as Landlord may be required to do by the moving of any furnituregovernmental or quasi-governmental authority or court order or decree; provided, fixtureshowever, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or other property (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or from access to, the Premises; provided that, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to provide reasonable notice and to not materially interfere with Tenant’s use of, or access to, the Premises. If Landlord fails to make such repair, Tenant may, after written notice to Landlord and Landlord’s failure to repair or commence to repair within ten (10) business days thereafter, but need not, make such repairs and replacements, and Landlord shall be limited pay Tenant the cost thereof upon being billed for same. If Landlord’s failure to perform such required repair makes the structural parts Premises unfit for the Permitted Use for a period continuing for one hundred eighty (180) days beyond notice to Landlord, then Tenant shall have the right to terminate this Lease upon written notice to Landlord within thirty (30) days thereafter. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the PremisesCalifornia Civil Code or under any similar law, which structural parts include only the roofstatute, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationor ordinance now or hereafter in effect.

Appears in 1 contract

Sources: Office Lease (AssetMark Financial Holdings, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant’s own expense, keep the Premises, whether structural or non-structural including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light plumbing fixtures and bulbsequipment such as dishwashers, keys garbage disposals, insta-hot dispensers and locksany existing or additional equipment which serves the Premises and is not part of the Base Building systems, such as ancillary HVAC systems, generators and FM200 or fire 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 necessarysuppression systems), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the floor or floors of the Building on which the Premises whether installed by Landlord or Tenant) are located, in good order, repair and sanitary condition and repair, and in compliance with at all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewithtimes during the Lease Term. In the event that any repairs or maintenance are requiredaddition, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, but under the supervision and such work subject to the prior approval of Landlord, which shall not be performed in a first classunreasonably withheld, workmanlike manner and using replacement parts of comparable or better quality, style, materialsconditioned, or construction. All such repairs delayed, and maintenance shall be approved within any reasonable period of time specified by Landlord in advance in writing unless Landlord, promptly and adequately repair all damage to the total cost Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for such repairs damage caused by ordinary wear and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements tear or beyond the reasonable control of items shall be of the same sizeTenant; provided however, qualitythat, color and design as the items replaced. If at Landlord’s option, or if Tenant does not promptly fails to make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (not to exceed ten percent (10%)) 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 be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid Base Building systems and equipment of the Building (including the Base Building HVAC, Base Building mechanical, Base Building plumbing and Base Building electrical), except to the extent that such repairs are required due to the gross negligence or incurred 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 therefor may, but shall not be reimbursed by required to, enter the Premises at all reasonable times upon twenty-four (24) hour notice to Tenant (except in the case of emergency, when no notice is required, so long as Landlord notifies Tenant promptly after request by Landlordany such emergency) to make such repairs, such amounts being additional Rent hereunder. Notwithstanding anything alterations, improvements or additions to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary Project or to any equipment located in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by the Project as Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, shall desire or deem necessary or as Landlord may contract with a service company of its own choosing (be required to do by governmental or provide such service itself) for the maintenance, repair quasi-governmental authority or replacement (when Landlord deems it necessary) of the heating, ventilating and air conditioning 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 Landlordcourt order or decree. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Arthrocare Corp)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant's own expense, keep the Premises, whether structural or non-structural including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation: , plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the ceilings, walls, floor-floor coverings, wall-coveringsin good order, doorsrepair and condition at all times during the Lease Term. In addition, exterior glassTenant shall, light fixtures at Tenant's own expense, but under the supervision and bulbssubject to the prior approval of Landlord, keys and lockswithin any reasonable period of time specified by Landlord, fire extinguishers, plumbing promptly and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by Landlord ordinary wear and tear or beyond the reasonable control of Tenant) in good and sanitary condition and repair; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, 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 be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid base building systems and equipment (including all the primary plumbing, electrical, and HVAC systems located in the internal core of the Building) of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. During the Lease Term, Landlord shall repair or replace, as determined necessary by Landlord pursuant to sound real estate management principals, any fan coils serving the Premises (collectively, the "Fan Coils") that fail and are then no longer operative. Landlord acknowledges that such repair or replacement shall be at Landlord's sole cost and expense, and that any expenses incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, during such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service company of its own choosing (or provide such service itself) for the maintenance, repair or replacement (when Landlord deems it necessary) shall not be passed through to the Tenant as Operating Expenses. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the heatingCalifornia Civil Code or under any similar law, ventilating statute, or ordinance now or hereafter in effect. To the fullest extent permitted by law, Tenant hereby waives and air conditioning equipment serving releases any and all rights it may have at law or in equity to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises and ▇▇▇▇ Tenant for the costs of same as additional Rent. The sum so billed to Tenant shall become immediately due and payable may be provided by Tenant to Landlordany law, statute or ordinance now or hereafter in effect. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease (Cytori Therapeutics, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep give to Landlord prompt written notice of any damage to, or defective condition in the PremisesBuilding structure or in any part or appurtenance of the Building's plumbing, 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 fixtureselectrical, 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, sprinkler and mechanical facilitiesheating, 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 the Systems and Equipmentwindows, paved areas loadbearing walls (including without limitation repaving and re-striping except as necessary), landscaping, parking areas (including striping and re-paving thereofto surface damage done by or attributable to Tenant) and doors and roof. Tenant, at Tenant's expense, shall comply with all alterations laws and improvements ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises whether installed by Landlord or to Tenant) in good and sanitary condition and repair's use thereof, and in compliance except that Tenant shall not hereby be under any obligation to comply with all Laws now any law, ordinance, rule or hereafter adopted, and shall maintain and make such repairs and replacements as necessary regulation requiring any structural alteration of or in connection therewithwith 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. In the event that Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or maintenance are requiredreplacements of any panels, decoration, office fIXtures, railing, ceiling, floor covering, partitions, or any other property installed in the Premises by Tenant shall promptly arrange and pay for unless such injury or damage is a direct result of negligence on the samepart of Landlord or its contractors, at Tenant’s sole cost and expenseagents or employees, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost Tenant is not reimbursed for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid injury or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or damage from the Premises, or by Tenant or its employees, agents, contractors, or visitorsinsurance proceeds. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (X Ramp Com Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the sameagrees that, at Tenant’s its sole cost and expense, it will keep and such work maintain the Premises, including, but not limited to, all Building systems, exterior (provided Landlord shall be performed in a first class, workmanlike manner responsible for the structural condition and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance Tenant shall be approved by Landlord in advance in writing unless responsible for the total cost for such repairs maintenance and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be repair of the same sizeexterior), qualityinterior, color roof membrane, parking areas and design as landscaping and all alterations, additions and improvements thereto in good condition and repair, except for normal wear and tear. Landlord shall assign to Tenant if, when and to the items replacedextent necessary, the roofing system limited warranty from Firestone Building Products Company which runs for a period of twelve (12) years from and after January 25, 1999, and all other warranties received. If Tenant does not promptly shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. At Landlord's option, if Tenant fails to maintain the Premises or to make such arrangementsrepairs, Landlord may, but need not, perform such maintenance or make such repairs after not less than five (5) business days notice to Tenant (except in situations involving an emergency), in which case Tenant shall pay Landlord the cost thereof, including twenty percent (20%) of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs and maintenancemaintenance to the Premises 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 or quasi-governmental authority or court order or decree. To the fullest extent permitted by law, Tenant hereby waives and releases all rights to make repairs at the costs paid expense of Landlord or incurred in lieu thereof to vacate the Premises as may be provided by any law, statute or ordinance now or hereafter in effect, including Sections 1941 and 1942 of the California Civil Code. Except as provided in the Work Letter, Landlord therefor shall be reimbursed by Tenant promptly after request by Landlordhas no obligation and has made no promise to alter, such amounts being additional Rent hereunderremodel, improve, repair, decorate or paint the Premises or any part thereof. Notwithstanding anything to the contrary contained in this Leaseforegoing sentence, Tenant Landlord shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord cost and expense be responsible for the monthly repair and maintenance of the heatingstructural elements, ventilating roof structure and air conditioning equipment serving the Premises, or Landlord may contract with a 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts foundation of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationsuch cost shall not be charged to Tenant as "Additional Rental" hereunder.

Appears in 1 contract

Sources: Lease Agreement (Razorfish Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant's own expense, pursuant to the terms of this Lease, including Article 8 hereof, keep the Premises, whether structural or non-structural (includingand all improvements, 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, equipment and furnishings therein (including the heating, air-conditioning, ventilation, electrical, sprinkler ventilation and mechanical facilities, including the Systems air conditioning facilities and Equipment, paved areas (including without limitation repaving and re-striping as necessaryequipment), landscapingin good order, parking areas (including striping repair and re-paving thereof) and condition at all alterations and improvements times during the Lease Term. Tenant hereby acknowledges that Landlord shall not provide janitorial services to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s its sole cost and expense, and such work cause janitorial services to be supplied to the Premises at all times during the Lease Term in order that the Premises shall be performed maintained in a first classclean, workmanlike manner neat and using replacement parts orderly condition reasonably satisfactory to Landlord. In addition, Tenant shall, at Tenant's own expense but under the supervision and subject to the prior approval of comparable Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including Article 8 hereof, promptly and adequately repair all damage to the Premises arid replace or better qualityrepair all damaged or broken fixtures and appurtenances; provided however, stylethat, materialsal Landlord's option, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If if Tenant does not promptly falls to make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs paid or incurred by expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord therefor may. but shall not be reimbursed by Tenant promptly after request by Landlordrequired to, enter the Premises at all reasonable times to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, alterations, improvements and additions to the contrary contained Premises or to the Building or to any equipment located in this Leasethe Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree, Tenant shall indemnify Landlord hereby waives and pay for any releases its right to make repairs at Landlord's expense under Sections 1941 and maintenance to areas 1942 of the Premises made necessary in whole or in part by the moving of any furniture, fixturesCalifornia Civil Code, or other property to or from the Premisesunder any similar law, statute, or by Tenant ordinance now or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Mossimo Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant will, Tenant shall at its own expense and subject to the provisions of Article 8 of this Lease, keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good repair and sanitary tenantable condition and repairat all times during the Term of this Lease, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for adequately repair all damaged or broken glass (including any glass demising walls and signs thereon), fixtures and appurtenances, under the same, at Tenant’s sole cost direct supervision and expensewith the approval of Landlord, and such work shall be performed in a first class, workmanlike manner and using replacement parts within any reasonable period of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved time specified by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedLandlord. If Tenant does not promptly make such arrangementsdo so, or at Landlord's election, Landlord may, but not need not, make such repairs or replacements and maintenancethe amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions) shall be deemed additional rent reserved under this Lease due and payable forthwith. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for aid conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority. In the event Landlord or its agents or contractors shall elect or be required to make repairs, alterations, improvements or additions to the Premises or the Building or 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 costs paid or incurred by Landlord therefor rent reserved herein shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 equipment serving the Premises and no way abat▇ ▇▇▇▇ Tenant for the costs of same as additional Rent. The sum so billed to le said repairs, alterations, improvements or additions are being made, and Tenant shall become immediately due not be entitled to maintain any set-off or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and payable by additions in and about the Building and the Premises during ordinary business hours, but if Tenant desires to Landlordhave the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Winston Furniture Co of Alabama Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or ordinary wear and as otherwise provided in Section 10.3 belowthis Lease, Tenant shall at all times during the Term hereof, at its sole expense, keep the PremisesPremises and every part thereof in good order, whether structural repair and condition, and Tenant shall arrange with Landlord at Tenant's sole expense for the prompt repair of all damages to the Premises and the replacement or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior repair of all damages or broken glass, light fixtures and bulbsappurtenances (including hardware and heating, keys and lockscooling, fire extinguishersventilating, electrical, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including facilities in the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessaryPremises), landscaping, parking areas (including striping with materials equal or superior in quality and re-paving thereof) and all alterations and improvements class to the Premises whether installed by Landlord original materials damaged or Tenant) in good and sanitary condition and repairbroken, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In to be made under the event that any repairs supervision and with the prior written approval of Landlord, using contractors or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved persons designated by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedLandlord. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, replacements and the costs amount paid or incurred by Landlord therefor for such repairs and replacements shall be reimbursed deemed Additional Rent reserved under this Lease due and payable forthwith. Landlord and its designees may, but shall not be required to, enter the Premises at all reasonable times to make any repairs, alterations, improvements or additions, including, but not limited to, ducts and all other facilities for 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 Tenant promptly after request by Landlord, such amounts being additional Rent hereunderany governmental authority or court order or decree. Notwithstanding anything The cost of all repairs to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises Property made necessary in whole as a result of misuse or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or neglect by Tenant or its Tenant's employees, agents, contractors, invitees or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 equipment serving the Premises and ▇▇▇▇ Tenant for the costs of same agents shall be immediately paid as additional Rent. The sum so billed to Tenant shall become immediately due and payable Additional Rent by Tenant to LandlordLandlord upon being billed for same. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Universal Access Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant's own expense, keep the Premises, including without limitation the maintenance and repair of all glass panels and partitions, interior lavatories, showers, toilets, basins, kitchen facilities, kitchen appliances and HVAC systems including each of their respective mechanical, plumbing and electrical connections (whether structural such systems or facilities are fully contained in the Premises, or exist outside the Premises, but were fully installed or are maintained to exclusively serve the Premises), including all non-structural (includingimprovements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys and locksthe floor or floors of the Building on which the Premises are located, fire extinguishersin good order, plumbing repair and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilitiescondition, including any removal of Hazardous Material, if any, associated with such repairs, however, ordinary wear and tear during the Systems Term shall be excepted. In addition, Tenant shall, at Tenant's own expense, but under the supervision and Equipmentsubject to the prior approval of Landlord, paved areas (including without limitation repaving and re-striping as necessary)within any reasonable period of time specified by Landlord, landscaping, parking areas (including striping promptly and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by Landlord ordinary wear and tear or beyond the reasonable control of Tenant) in good and sanitary condition and repair; provided, and in compliance with all Laws now however, that at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify 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 pay for any other costs or expenses arising from Landlord's involvement with such repairs and maintenance to areas replacements, forthwith upon being billed for same. Landlord shall not be liable for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises made necessary in whole directly or in part indirectly caused by the moving of or resulting from any furniturecause whatsoever, fixturesincluding, but not limited to, fire, steam, electricity, gas, water, or other property to rain which may leak or flow from or into any part of the Premises, or by Tenant from the breakage, leakage, obstruction or its employeesother defects of the pipes, agentssprinklers, contractorswires, appliances, plumbing, air conditioning, light fixtures, or visitors. 10.2mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Notwithstanding anything the foregoing, Landlord shall be responsible for repairs to the contrary in Section 10.1 aboveexterior walls, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance foundation and roof of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roofBuilding, the structural integrity portions of the roof (excluding skylights)floors of the Building, sidewalls and foundationthe systems and of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Sources: Lease Agreement (Cord Blood America, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided Landlord shall, at Landlord's sole cost and expense (but which may be included in Section 10.3 below, Tenant shall keep Operating Expenses to 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 necessaryextent permitted hereunder), landscaping, parking areas (including striping keep and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) maintain in good and sanitary condition working order and repair, and in compliance with shall make such improvements, repairs or replacements as are necessary or appropriate to, the exterior walls, all Laws now or hereafter adoptedstructural 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 shall 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 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 make such repairs condition consistent with a first-class office building located in the Greenway Plaza and replacements as necessary Galleria areas in connection therewithHouston. In All repairs, alterations or additions that affect the event that any repairs Project's structural components or maintenance are requiredmajor mechanical, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work electrical or plumbing systems shall be performed made by Landlord or its contractors only, and, subject to Section 6.7, in a first classthe case of any damage to such components or systems caused by Tenant or Tenant's agents, workmanlike manner and using replacement parts of comparable or better qualityemployees, style, materialsconstruction contractors, or construction. All such repairs and maintenance cleaning contractors, shall be approved paid for by Landlord Tenant in advance in writing unless the total cost an amount equal to Landlord's costs plus seven percent (7%) for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items overhead, which shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly payable within thirty (30) days after request by Landlord, such amounts being additional Rent hereunderdemand. Notwithstanding anything to the contrary contained in this LeaseSection 5.2.1, Tenant Landlord shall indemnify Landlord and pay for not be required to make any improvements to or repairs and maintenance of any kind or character to areas the leasehold improvements within the Leased Premises during the Term, except (i) subject to Section 6.7, repairs to leasehold improvements to the extent they have been damaged as a result of the Premises made necessary in whole or in part by the moving negligence of any furniture, fixturesLandlord, or other property to or from the PremisesLandlord's agents, or by Tenant or its employees, agents, construction contractors, or visitors. 10.2cleaning contractors, and (ii) repairs to Building standard improvements as may be necessary for normal maintenance; provided, however, non-Building standard leasehold improvements shall, at Tenant's written request, be maintained, repaired or replaced by Landlord at Tenant's expense, at a cost equal to Landlord's costs plus seven percent (7%) overhead, which shall be payable within thirty (30) days after demand. Notwithstanding anything Landlord shall, as a part of Operating Expenses, replace the flooring in the elevators serving the Leased Premises at least every three (3) years during the Term, such replacement flooring to the contrary be of a quality in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract keeping with a contractor designated by Landlord for first-class office building located in the monthly maintenance of the heating, ventilating Greenway Plaza and air conditioning equipment serving the Premises, or Landlord may contract with a 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 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 LandlordGalleria areas in Houston. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Space Lease Agreement (Bank United Corp)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep give to Landlord prompt notice of any damage to, or defective condition in any part of or appurtenance to the PremisesBuilding's plumbing, 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 fixtureselectrical, heating, air-conditioningconditioning or other systems serving, ventilationlocated in, electricalor passing through the Premises. Subject to the provisions of Article 11, sprinkler and mechanical facilitiesTenant shall, at Tenant's own expense, keep the Premises, including everything therein (except the Systems heating and Equipmentair-conditioning systems), paved areas in good order, condition and repair during the term. Landlord shall, as part of the Operating Costs set forth in Article 6, maintain the heating and air-conditioning systems throughout the Building (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereofthe Premises) and the outside walls, outside windows, roof and foundation of the Building containing the Premises in good order and repair. Repairs made by Landlord required due to negligence or fault of Tenant, its contractors, agents or employees shall be made at Tenant's expense, plus nineteen percent (19%) administrative charge. Tenant, at Tenant's expense, shall comply with all alterations laws or ordinances, and improvements all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises whether installed 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. All repairs made by Tenant shall be made using contractors approved by Landlord, which approval shall not be unreasonably withheld. If Tenant fails or neglects to comply with any laws or ordinances, rules and regulations of any governmental authority or insurance body as herein required of Tenant, then Landlord or its agents may enter the Premises and make said repairs and comply with any laws or ordinances, or the rules and regulations of any governmental authority or insurance body at the cost and expense of the Tenant, plus a nineteen percent (19%) in good and sanitary condition and repairadministrative charge, and in compliance with all Laws now or hereafter adoptedcase Tenant fails to pay therefor upon notice within five (5) days thereafter, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole said cost and expense, and such work expenses shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything added to the contrary contained in this Lease, Tenant shall indemnify Landlord next month's installment of Fixed Monthly Rent and pay for any repairs be due and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, payable as such or Landlord may contract with a service company of its own choosing (or provide such service itself) for deduct the maintenance, repair or replacement (when Landlord deems it necessary) of the heating, ventilating and air conditioning equipment serving the Premises and ▇▇▇▇ Tenant for the costs of same as additional Rentfrom any balance remaining in Landlord's hands. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlord. 10.3. Landlord’s obligation with respect to repairs shall be limited This provision is in addition to the structural parts right of Landlord to terminate this Lease by reason of default on the Premises, which structural parts include only the roof, beams and columns bearing the main load part of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationTenant.

Appears in 1 contract

Sources: Office Space Lease (Paetec Corp)

Repairs. 10.1Landlord shall maintain the roof and exterior walls of the Building and the Premises in good repair, except that Tenant shall have the responsibility for the maintenance repair and replacement of all glass, doors (interior and exterior), windows, and doorways of the Premises. Except Tenant shall also be responsible for damage by casualty as provided under Section 11 repair, replacement and maintenance of any exterior walls if the necessity therefore should be the result of Tenant's negligence or as otherwise provided in Section 10.3 belowthe negligence of any agent, employee, or licensee of Tenant. Tenant shall keep the interior of the Premises in good repair, maintaining, where necessary, all electrical, plumbing, heating, air conditioning and other mechanical installations and systems servicing only 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, as well as damage to plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to systems inside of the Premises whether installed if caused by Landlord the acts or omissions of Tenant, or Tenant) in good and sanitary condition and repair's agents, and in compliance with employees, invitees or licensees inside the Premises. Tenant shall effect all Laws now or hereafter adoptedsuch maintenance, and shall maintain and make such repairs and replacements as necessary in connection therewith. In at its own expense and employing materials and labor of a kind and quality equal to the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedoriginal installations. If Tenant does not promptly make such arrangementsshall fail to maintain, Landlord may, but need not, make such repairs and maintenance, and the costs paid repair or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained replace equipment or other installations in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of or about the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 aboveas above provided, Landlord, in its sole discretion, may require immediately after giving Tenant to contract with a contractor designated by Landlord for the monthly maintenance notice of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service company of its own choosing (or provide necessity for such service itself) for the maintenance, repair or replacement (when may accomplish the required work and add the costs thereof to the next due rental installment(s) but Tenant shall not be liable to the Landlord deems it necessary) for any failure to fulfill the obligations of this paragraph until such time as the Tenant shall be notified, as aforesaid, in writing of the heatingrequirement therefore, ventilating provided however, in the event of a bona fide emergency, Landlord need not give such notice to Tenant prior to performing such work. With regard to hearing and air conditioning equipment serving systems in the Premises Premises, Landlord shall provide for the same to be in good working order upon Tenant's occupancy of the Premises. In addition, Tenant shall maintain at Tenant's sole expense a maintenance and service contract with a reputable heating and a1r conditioning service company for the heating and air conditioning systems and provide that such service contract shall not be canceled for any reason without a ten ( l 0) day notice to Landlord, and deliver to Landlord a copy of such maintenance service contract. If Tenant fails to maintain such contract or if Tenant fails to repair, maintain or replace if caused by failure to maintain the heating and air conditioning system as needed, Landlord at its sole option may accomplish the same and b▇▇▇ the costs thereof to Tenant as Additional Rent and the failure to pay the same within thirty (30) days of submission of Invoice for the costs of same as additional Rent. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlord. 10.3be an event of default herein. Landlord’s obligation with respect to repairs Landlord shall be limited to responsible for the structural parts replacement of required components of the PremisesHV AC units as required, which structural parts include only the roof, beams and columns bearing the main load so long as Tenant maintains HVAC units to servicing requirements of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationthis Lease.

Appears in 1 contract

Sources: Lease Agreement (Bank of South Carolina Corp)

Repairs. 10.1Tenant shall give to Landlord prompt written notice of any damage to, or defective condition in the Building structure or in any part or appurtenance of the Building's plumbing, electrical, heating, air--conditioning, ventilation, sprinkler, elevator or other systems serving, located in, or passing through the Premises. Except for damage by casualty as provided under Subject to the provisions of this Section 11 or as otherwise provided in Section 10.3 below12, 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 Premisesexterior of the Building, 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 fixtureselectrical, heating, air-conditioning, ventilation, electricalsprinkler, sprinkler and mechanical facilitieselevator 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 the Systems and Equipmentwindows, paved areas loadbearing walls (including without limitation repaving and re-striping except as necessary), landscaping, parking areas (including striping and re-paving thereofto surface damage done by or attributable to Tenant) and doors and roof. Tenant, at Tenant's expense, shall comply with all alterations laws and improvements ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises whether installed by Landlord or to Tenant) in good and sanitary condition and repair's use thereof, and in compliance except that Tenant shall not hereby be under any obligation to comply with all Laws now any law, ordinance, rule or hereafter adopted, and shall maintain and make such repairs and replacements as necessary regulation requiring any structural alteration of or in connection therewithwith 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. In the event that Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or maintenance are requiredreplacements of any panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or any other property installed in the Premises by Tenant shall promptly arrange and pay for unless such injury or damage is a direct result of negligence on the samepart of Landlord or its contractors, at Tenant’s sole cost and expenseagents or employees, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost Tenant is not reimbursed for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid injury or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or damage from the Premises, or by Tenant or its employees, agents, contractors, or visitorsinsurance proceeds. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Harris Interactive Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowSubject to Paragraph 8 hereof, Tenant shall will at Tenant's own expense, keep the PremisesPremises in good order, whether repair and condition 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 with fixtures or appurtenances of substantially the same grade, make and quality, under the supervision and subject to the approval of the Landlord, and within any reasonable period of time specified by the Landlord. Tenant's obligation for repairs shall not include any obligation to make structural or non-structural (includingrepairs, without limitation: including the ceilings, walls, floor-coveringsroof, wall-coveringsfloors and internal pipes, doorsconduits, exterior glassducts, light fixtures lines, wires, drains and bulbsflues and all other facilities for plumbing, keys and locks, fire extinguishers, plumbing and other fixtureselectricity, heating, air-and air conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make unless such repairs and replacements as necessary in connection therewith. In are caused by the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at negligence of Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If the Tenant does not promptly make such arrangementshis required repairs and replacements, Landlord may, but need not, do so, and Tenant shall pay Landlord the cost thereof 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 repairs, alterations, improvements and maintenanceadditions, including, without limitation, conduits, ducts, internal pipes, lines, wires, drains and the costs paid flues and all other facilities for plumbing, electricity, heating and air conditioning, as Landlord shall desire or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything deem necessary to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary Building or to any equipment located in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, Building or as Landlord may contract with a service company of its own choosing (be required to do by government authority or provide such service itself) for the maintenance, repair court order or replacement (when Landlord deems it necessary) of the heating, ventilating and air conditioning 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 Landlorddecree. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Building Lease (Asset Acceptance Capital Corp)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep maintain the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Leased Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the samebe responsible, at Tenant’s its sole cost and expense, for all interior maintenance and such work 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 performed in a first classmade by Tenant to the mechanical, workmanlike manner and using replacement parts electrical, sanitary, ventilating, air conditioning or other systems of comparable or better quality, style, materialsthe Leased Premises, or construction. All such repairs which may affect the Resort or the exterior or interior structure of any building thereat, Tenant shall first provide notice to and maintenance shall be approved by obtain written consent from Landlord in advance in writing unless as to the total cost for such repairs work, contractor and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedmaterials. If Tenant does not promptly fails to make such arrangementsany necessary repairs required hereunder, or to maintain the Leased Premises in at least as good condition as at the Effective Date, Landlord may, but need not, may make any such repairs required hereunder and maintenance, and the costs paid or incurred by Landlord collect all expense therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunderas Additional Rent. Notwithstanding anything to the contrary contained stated herein, Landlord reserves the right to install, erect, use, maintain, alter or repair the Leased Premises in this Leaseany manner as it may deem necessary or reasonable, Tenant except that the same shall indemnify Landlord not unreasonably interfere with Tenant's use and pay for any repairs and maintenance to areas enjoyment of the Leased Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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 Landlordpurposes provided herein. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Assignment of Lease Agreement (Kisses From Italy, Inc.)

Repairs. 10.1Landlord shall maintain in good condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems, roof membrane and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Project Common Areas. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowSubject to the terms of Article 11, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's negligence or willful misconduct, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilingsfixtures, wallsequipment, floor-interior window coverings, wall-coveringsand furnishings therein, doorsand the floor or floors of the Building on which the Premises is located, exterior glassin good order, light fixtures repair and bulbscondition at all times during the Lease Term, keys but such obligation shall not extend to the Building Structure and locksthe Building Systems except pursuant to the BS/BS Exception. In addition, fire extinguishersTenant shall, plumbing at Tenant's own expense, but under the supervision and other fixturessubject to the prior approval of Landlord, heatingand within any reasonable period of time specified by Landlord, air-conditioning, ventilation, electrical, sprinkler promptly and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by Landlord ordinary wear and tear or beyond the reasonable control of Tenant) in good and sanitary condition and repair; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not in excess of five percent (5%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs paid or incurred by expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord therefor may, but shall not be reimbursed by Tenant promptly after request by Landlordrequired to, enter the Premises at all reasonable times in accordance with the terms of Article 27 below to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, alterations, improvements or additions to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary Project or to any equipment located in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by the Project as Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, shall desire or deem necessary or as Landlord may contract with a 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 equipment serving the Premises and be required to ▇▇▇▇ governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant for hereunder, any such entry into the costs of same Premises by Landlord shall be performed in a manner so as additional Rent. The sum so billed not to Tenant shall become immediately due and payable by Tenant to Landlord. 10.3. Landlord’s obligation materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to repairs items (ii) and (iii) above, Landlord shall be limited use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the structural parts Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the PremisesCalifornia Civil Code or under any similar law, which structural parts include only the roofstatute, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationor ordinance now or hereafter in effect.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Halozyme Therapeutics, Inc.)

Repairs. 10.1Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, “Building Structure”) and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Except for damage by casualty as provided under Section 11 or as otherwise provided Notwithstanding anything in Section 10.3 belowthis Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys and locksthe floor or floors of the Building on which the Premises are located, fire extinguishersin good order, plumbing repair and other fixturescondition at all times during the Lease Term, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements but such obligation shall not extend to the Premises whether installed by Landlord or Tenant) in good Building Structure and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewiththe Building Systems except pursuant to the BS/BS Exception. In the event that any repairs or maintenance are requiredaddition, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, but under the supervision and such work shall be performed in a first classsubject to the prior approval of Landlord, workmanlike manner and using replacement parts within any reasonable period of comparable time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or better qualityrepair all damaged, style, materialsbroken, or construction. All such repairs worn fixtures and maintenance shall be approved appurtenances, except for damage caused by Landlord in advance in writing unless ordinary wear and tear or beyond the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements reasonable control of items shall be of the same sizeTenant; provided, qualityhowever, color and design as the items replaced. If that, at Landlord’s option, or if Tenant does not promptly fails to make such arrangementsrepairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) business days thereafter, but need not, make any repairs and replacements, and Tenant shall pay Landlord the out-of-pocket costs thereof, plus ten percent (10%) of such out-of-pocket costs thereof to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and maintenancereplacements forthwith upon being billed for same. Subject to the terms of Article 27 below, and Landlord may, but shall not be required to, enter the costs paid Premises at all reasonable times to make such repairs, alterations, improvements or incurred additions to the Premises or to the Project or to any equipment located in the Project as Landlord may be allowed to do under this Lease or required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for emergencies, any such entry into the Premises by Landlord therefor shall be reimbursed by performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises. Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord hereby waives any and pay for any repairs all rights under and maintenance to areas benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises made necessary in whole California Civil Code or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Sublease Agreement (Okta, Inc.)

Repairs. 10.1(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, and all plumbing and electrical fixtures and equipment and HVAC system components serving portions of the Building in addition to the Leased Space; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. Except for damage by casualty as provided under Section 11 or as otherwise The cost of same shall be included in the Operating Expenses to the extent provided in Section 10.3 below3(a)(iii) unless the necessity for any of the foregoing arises (a) from the gross negligence or wilful and wanton misconduct of Landlord or its employees or, Tenant subject to Section 3(a)(iii)(i) hereof, by any other tenant of the Building or such tenant's agents, employees, licensees, or invitees, in which case such cost shall keep not be included as part of the Premises, whether structural or non-structural Operating Expenses but shall be paid by Landlord (including, without limitation: prejudice to Landlord's right to recover same from 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 necessaryresponsible party), landscapingor (b) negligence or wilful and wanton misconduct of Tenant, parking areas (including striping its agents, employees, licensees or invitees, in which case such cost shall be paid by Tenant. Any such maintenance, replacements or repairs and re-paving thereof) and all alterations and improvements to any labor performed or materials furnished by or upon the Premises whether installed by direction of Landlord or Tenant) shall be performed in a good and sanitary condition workmanlike manner, using only materials of at least the same quality and repairintegrity as that being repaired or replaced, and performed and furnished in compliance with all Laws now applicable laws, regulations, ordinances and requirements of all duly constituted authorities or hereafter adoptedgovernmental bodies having jurisdiction over the Building, and shall maintain and make such the requirements of any board of underwriters having jurisdiction thereof. (b) Except as the Landlord is obligated for repairs and replacements as necessary provided above or in connection therewith. In the event that any repairs or maintenance are requiredSection 11, Tenant shall promptly arrange and pay for the samemake, at Tenant’s 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 contained within the Leased Space which exclusively serve the Leased Space; (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 and exclusively servicing the Leased Space. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such work expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials furnished in, on or about the Leased Space shall be performed and furnished by Tenant in a first classcompliance with all applicable laws, workmanlike manner regulations, ordinances and using replacement parts requirements of comparable all duly constituted authorities or better qualitycentral bodies having jurisdiction over the Building, stylethe requirements of any board of underwriters having jurisdiction thereof, materials, or construction. All such repairs and maintenance shall be approved as well as any reasonable regulations imposed by Landlord in advance in writing unless pertaining thereto. Without limitation of the total cost foregoing, Landlord shall have the right to approve any and all contractors and suppliers to furnish materials and labor for such repairs and maintenance does repairs, which consent shall not exceed Fifty Thousand Dollars be unreasonably withheld, delayed or conditioned. ($50,000c) If required solely as a result of Tenant's particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant). Any replacements of items , Tenant also shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenancecomply with, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for make any repairs and maintenance installations required by any applicable law. (d) Provided that Landlord shall exercise reasonable efforts to areas effectuate its repairs in a manner which will keep at a minimum Landlord's interference with Tenant's use and occupancy of the Premises made necessary in whole or in part Leased Space, Landlord shall not be liable by the moving reason of any furnitureinjury to or interference with Tenant's business arising from the making of any repairs, fixturesalterations, additions or improvements in or to the Leased Space, or other property the Building or Center or to any appurtenances or from the Premises, or by Tenant or its employees, agents, contractors, or visitorsequipment therein. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Viropharma Inc)

Repairs. 10.1. 10.01 Except for damage by casualty as provided under Section 11 or as otherwise provided in this Section 10.3 below10, Tenant shall agrees at its own expense to keep the PremisesImprovements, whether including all structural, electrical, mechanical and plumbing systems at all times in good appearance and repair except for reasonable and normal wear and tear. Tenant will also pay all other expenses in connection with the maintenance of the Premises including repair and upkeep of grounds, sidewalks, driveways and parking areas in a first class condition. 10.02 Notwithstanding any other provision of this Lease, from and after the date Tenant takes occupancy of the Premises any repairs, additions or alterations to the improvements or any of its systems (e.g., plumbing, electrical, mechanical) structural or non-structural, which are required by any law, statute, ordinance, rule, regulation or governmental authority or insurance carrier, including, without limitation, 0SHA, will be the obligation of Tenant. Provided, however, that Tenant shall not be responsible for any repairs, additions or alterations to the building or any of its systems (e.g. plumbing, electrical, mechanical) structural or non-structural (includingwhich are required by any law, statute, ordinance rule, regulation or governmental authority or insurance carrier, including without limitation: , OSHA if a violation or nocompliance existed at the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, time Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts took occupancy of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 equipment serving the Premises and ▇▇▇▇ Tenant ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, in which case Landlord shall be responsible for the costs of same repairs, additions or alterations as additional Rent. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlordrequired. 10.310.03 Tenant acknowledges that he has examined the Premises prior to the making of this Lease, that he knows the condition thereof, that no representations as to the condition of the state of repairs thereof have been made by Landlord or Landlord's agent which are not expressly set forth herein, and that except as otherwise specifically set forth herein, Tenant hereby accepts the Premises in their present condition at the date of execution of this Lease. Landlord’s obligation with respect Anything contained herein to repairs the contrary notwithstanding the Premises at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ shall be limited in good order and repair upon the date occupancy is delivered to Tenant. Tenant will inspect the structural parts of Premises at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ prior to occupancy to assure that the Premisesfacilities and equipment are in good condition and Landlord will agree to repair facilities or equipment reasonably identified as substandard. Landlord shall not be required to replace carpeting or repaint provided the walls and floors are in good condition, which structural parts include only the roof, beams reasonable wear and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundationtear excepted.

Appears in 1 contract

Sources: Net Lease (Axsys Technologies Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant will, Tenant shall at Tenant's own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys in good order, repair and lockscondition at all times during the Term, fire extinguishersexcept for repairs the necessity of which shall have been occasioned by the acts or negligence of Landlord, plumbing its agents, employees or contractors or of any other tenant at the Building in occupancy of their space, and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler Tenant shall promptly and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed by Landlord and replace or Tenant) in good repair all damaged or broken fixtures and sanitary condition appurtenances, under the supervision and repairsubject to the approval of the Landlord, not to be unreasonably withheld or delayed, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In within any reasonable period of time specified by the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedLandlord. If the Tenant does not promptly make such arrangementsdo so, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs paid or incurred by expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord therefor may, but shall not be reimbursed by Tenant promptly after request by Landlordrequired to, enter the Premises at all reasonable times and, except for emergency, upon reasonable advance notice (which may be telephonic), to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, alterations, improvements and additions to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary Building or to any equipment located in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by the Building as Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, shall desire or deem necessary or as Landlord may contract with a service company of its own choosing (be required to do by governmental or provide such service itself) for the maintenance, repair quasi-governmental authority or replacement (when Landlord deems it necessary) of the heating, ventilating and air conditioning 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 Landlordcourt order or decree. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Amendment (Conning Corp)

Repairs. 10.1The 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. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowLandlord shall also maintain, Tenant shall keep repair and replace: (a) the Premises, whether structural or non-structural integrity of the Building (including, without limitation: but not limited to, the ceilingsfoundation, wallsthe exterior walls (but, floor-coverings, wall-coverings, doors, excluding 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), landscapingthe supporting framework, parking areas the floor slab (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repairexclusive of any floor coverings), and roof); (b) the Common Areas, which shall be maintained in compliance accordance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay standards of a Class A office park for the sameResearch Triangle Park, at Tenant’s sole cost North Carolina area; and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for c) any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or damages resulting from the Premises, or by Tenant its or its employees, agents, contractorsor invitees negligent or willful acts. Repairs required of Landlord shall be made within a reasonable time (depending on the nature of the repair needed) after Landlord receives notice from Tenant, or visitors. 10.2has actual knowledge, of the need for the repair. Notwithstanding anything Except as assigned to Landlord above, Tenant, at its own expense, shall maintain and repair the Premises (including, but not limited to the contrary in Section 10.1 aboverepair and replacement of the exterior glass, Landlordmechanical, 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 its sole discretiona workmanlike manner, may paid for by Tenant allowing no liens to attach either to the Premises or to Tenant’s leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the Building. Landlord shall have the right to require Tenant to contract provide such assurances as Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect Landlord against unpaid work and to require that any work be performed only by duly licensed contractors and subcontractors approved by Landlord. Landlord shall make available to Tenant any warranties Landlord has received which are applicable to the repairs to be performed by Tenant. Tenant shall reimburse Landlord for all costs incurred by Landlord (over and above those amounts reimbursed by insurance carried by Landlord), along with a contractor designated by Landlord ten percent (10%) overhead fee, for all repairs to the monthly maintenance of the heating, ventilating and air conditioning equipment serving the PremisesCommon Areas, or Landlord may Building arising out of Tenant’s or its employees, agents, or invitees, negligent or willful acts. Continuously throughout the Term, Tenant shall maintain, at its expense, a maintenance contract covering the HVAC system located in or serving exclusively the Premises with a service company contractor acceptable to and approved by Landlord. This contract shall provide for routine maintenance, including, but not limited to, timely changing of its own choosing all filters (or provide at recommended intervals), adjustment and inspection of air handling mechanisms and control equipment, and performance of necessary lubrication, testing, and other such service itself) normal maintenance procedures. Notwithstanding the preceding to the contrary, Landlord reserves the right to arrange for the maintenance, repair or replacement (when Landlord deems it necessary) of the heating, ventilating HVAC system maintenance contract and air conditioning equipment serving the Premises and ▇▇▇▇ charge Tenant for the reasonable costs of same as additional Rent. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlordthat contract. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Sublease Agreement (Larscom Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys in the order, repair and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including condition received at all times during the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewithLease Term. In the event that any repairs or maintenance are requiredaddition, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, but under the supervision and such work shall be performed in a first classsubject to the prior approval of Landlord, workmanlike manner and using replacement parts within any reasonable period of comparable time specified by Landlord, pursuant to the terms of this Lease, including without [imitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or better qualityrepair all damaged, style, materialsbroken, or construction. All such repairs worn fixtures and maintenance shall be approved appurtenances, except for damage caused by Landlord in advance in writing unless ordinary wear and tear or beyond the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements reasonable control of items shall be of the same sizeTenant; provided however, qualitythat, color and design as the items replaced. If at Landlord’s option, or if Tenant does not promptly fails to make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, 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 paid or incurred 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 in accordance with Article 27, at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by Landlord therefor shall be reimbursed by governmental or quasi-governmental authority or court order or decree. Tenant promptly after request by Landlordhereby 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, such amounts being additional Rent hereunderstatute, or ordinance now or hereafter in effect. Notwithstanding anything to the contrary contained in this Leaseherein, Landlord shall perform and construct, and Tenant shall indemnify Landlord and pay for have no obligation to perform or construct, any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniturerepair, fixturesmaintenance, or other property improvements which are required to be treated as a “capital expenditure” under generally accepted accounting principles except to the extent the same is required due to the negligence or from the Premises, or by willful misconduct of Tenant or its agents, employees, agentscontractors or invitees (subject, contractorshowever, or visitorsto Section 10.5). 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Kinnate Biopharma Inc.)

Repairs. 10.1(a) Landlord's obligation to make repairs to the Premises shall pertain only to the structural portions of the floor, ceiling, and perimeter walls, unless the necessity for such repairs shall have been occasioned by Tenant or any permitted subtenant or licensee of Tenant, or their respective employees, agents, contractors or any person, firm or corporation acting on its behalf, in which event Tenant agrees to make such repairs at Tenant's sole cost and expense. Except for damage by casualty in cases of an emergency, Landlord shall not be required to commence any repair until after receipt of written notice from Tenant. Tenant shall allow Landlord reasonable time in which to commence and complete such repairs. Landlord shall use reasonable efforts to make such repairs with a minimum of inconvenience, disruption, or loss of business to Tenant. (b) Except as provided under Section 11 or as otherwise provided in Section 10.3 belowsubparagraph (a) of this paragraph, Tenant shall agrees to keep and maintain 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 equipment therein and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) appurtenances thereto in good repair and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole 's own cost and expense, and to make all necessary repairs and replacements thereto. Tenant shall keep and maintain the Premises in a first-class condition throughout the Term. Tenant shall replace all damaged glass with glass of equal quality. In the case of damage or destruction by insurable casualty or by eminent domain, the obligations of Landlord and Tenant shall be controlled as hereinafter provided. (c) Following initial construction of the Premises Tenant may, at its own cost, paint, paper or change floor coverings, or otherwise alter the Premises, provided that (i) the structural integrity or value of the Building shall not be adversely affected; (ii) the cost of such alteration does not exceed Five Dollars ($5.00) per square foot; and (iii) the sprinkler system, if any, is not thereby affected. In all other instances, Tenant shall secure prior written approval of Landlord. Tenant shall submit to Landlord plans and specifications for such proposed work, together with the name of the contractor and a statement of the estimated cost thereof. Prior to starting such work, Tenant agrees to deliver to Landlord a certificate of worker's compensation insurance in statutory limits from Tenant's contractor as well as evidence of insurance coverages to be maintained by Tenant hereunder. Such work shall be performed promptly completed in a first classaccordance with such approved plans and specifications, workmanlike manner applicable laws and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenanceordinances, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by rules and requirements of Landlord's insurance carriers, such amounts being additional Rent hereunder. Notwithstanding anything subject to the contrary contained in this Lease, Tenant shall indemnify Landlord terms of Tenant's indemnity set forth under paragraph 16 hereof and pay for any repairs and maintenance Tenant's obligation to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitorsinsure such liability under paragraph 28 hereof. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Webex Communications Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep maintain the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Leased Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the samebe responsible, at Tenant’s its sole cost and expense, for all interior maintenance and such work 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 performed in a first classmade by Tenant to the mechanical, workmanlike manner and using replacement parts electrical, sanitary, ventilating, air conditioning or other systems of comparable or better quality, style, materialsthe Leased Premises, or construction. All such repairs which may affect the Resort or the exterior or interior structure of any building thereat, Tenant shall first provide notice to and maintenance shall be approved by obtain written consent from Landlord in advance in writing unless as to the total cost for such repairs work, contractor and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedmaterials. If Tenant does not promptly fails to make such arrangementsany necessary repairs required hereunder, or to maintain the Leased Premises in at least as good condition as at the Effective Date, Landlord may, but need not, may make any such repairs required hereunder and maintenance, and the costs paid or incurred by Landlord collect all expense therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunderas Additional Rent. Notwithstanding anything to the contrary contained stated herein, Landlord reserves the light to install, erect, use, maintain, alter or repair the Leased Premises in this Leaseany manner as it may deem necessary or reasonable, Tenant except that the same shall indemnify Landlord not unreasonably interfere with Tenant's use and pay for any repairs and maintenance to areas enjoyment of the Leased Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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 Landlordpurposes provided herein. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Assignment of Lease Agreement (Kisses From Italy, Inc.)

Repairs. 10.1Landlord shall maintain and repair the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking garage, stairwells, elevator cabs, plazas, art work, sculptures, washrooms, and all common and public areas (the "BUILDING STRUCTURES"), and the mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which are not part of Tenant's improvements or were not originally constructed by or for the benefit of Tenant or another tenant (the "BUILDING SYSTEMS"). Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant's own expense, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys and locksthe floor or floors of the Building on which the Premises are located, fire extinguishersin good order, plumbing repair and other fixturescondition at all times during the Lease Term. In addition, heatingTenant shall, air-conditioningat Tenant's own expense, ventilationbut under the supervision and subject to the prior approval of Landlord, electricaland within any reasonable period of time specified by Landlord, sprinkler promptly and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by Landlord ordinary wear and tear or beyond the reasonable control of Tenant) in good and sanitary condition and repair; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the reasonable cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs paid or incurred expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times and following reasonable notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and 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. Any repair work by Landlord therefor pursuant to the terms of this Article 7 shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything conducted in a commercially reasonable manner so as to minimize disruption to the contrary contained business of Tenant in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Gadzoox Networks Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowto the extent that Landlord has the obligation to rebuild pursuant to Paragraph 12 hereof, Tenant shall will, subject to Paragraph l1.A., at Tenant’s own expense, perform any maintenance, repairs and replacements of the Premises that are (i) caused by the neglect or misuse of Tenant, its employees, contractors, agents, invitees or licensees, or (ii) required to keep the Premisesfloors, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coveringspartitions, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to interior portions of the Premises whether installed by Landlord or Tenant) which are not a part of the Building’s shared systems in good repair and sanitary condition tenantable condition, reasonable wear and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedtear excepted. If the Tenant does not promptly make commence any such arrangementsrequired maintenance, repair or replacement within ten (10) days of the request of Landlord to do so, or if after such commencement, Tenant does not thereafter diligently pursue same to completion, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by cost thereof. Landlord, such amounts being additional Rent hereunder. Notwithstanding anything as an Operating Expense (except as otherwise provided in Paragraph 5), shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Building and the Premises, except for those repairs for which Tenant is responsible pursuant to the contrary contained in any other provisions of this Lease. Without limiting the generality of the foregoing, Tenant Landlord shall indemnify Landlord repair and pay for any repairs maintain, and maintenance to if necessary, replace (1) building structure, foundation, roof, gutters, exterior wails, window coverings, windows, and all other exterior and structural parts of the Building, (ii) hails, stairways and entry ways, elevators and common passageways and all other common areas of the Building, (iii) elevator lobbies and restrooms on each floor of the Premises made necessary in whole or in part by (provided Tenant has not hired its own janitorial contractor to perform such repair and maintenance), and (iv) all elements of the moving of any furnitureplumbing system, fixturesthe sprinkler system, or other property to or from the Premiseslight fixtures and electrical distribution system, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving system and any other of the Building’s shared systems located within the Premises, . Nothing contained in this Paragraph 8 shall require Landlord to paint or decorate the Premises. If the Landlord may contract with a service company of its own choosing (or provide such service itself) for the does not commence any required maintenance, repair or replacement within thirty (when Landlord deems it necessary30) days of the heatingrequest of Tenant to do so (or in cases of emergency within twenty-four (24) hours after notice), ventilating or if after such commencement, Landlord does not thereafter diligently pursue same to completion, Tenant may, but need not, make such repairs and air conditioning equipment serving replacements, and Landlord shall pay Tenant the Premises and ▇▇▇▇ cost thereof within ten (10) days after notice given from Tenant for the costs of same to Landlord specifying such costs. Except as additional Rent. The sum so billed expressly otherwise provided in this Lease, Landlord shall have no liability to Tenant shall become immediately due and payable by Tenant reason of any inconvenience, annoyance, interruption or injury to Landlord. 10.3. business arising from Landlord’s obligation with respect making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to repairs shall be limited make in or to any portion of the structural parts of Building or the Premises, which structural parts include only or in or to the rooffixtures, beams and columns bearing the main load equipment or appurtenances of the roofBuilding or the Premises, provided that Landlord shall use due diligence with respect thereto. In case of repairs or changes which are made within the structural integrity Premises, unless such repairs, renewals or improvements can be made during business hours without material interference with Tenant’s business operations, Landlord shall make such repairs, alterations, or replacements during non-business hours, except in the event of the roof (excluding skylights), sidewalls and foundationan emergency.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys in the order, repair and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including condition received at all times during the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewithLease Term. In the event that any repairs or maintenance are requiredaddition, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, but under the supervision and such work shall be performed in a first classsubject to the prior approval of Landlord, workmanlike manner and using replacement parts within any reasonable period of comparable time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or better qualityrepair all damaged, style, materialsbroken, or construction. All such repairs worn fixtures and maintenance shall be approved appurtenances, except for damage caused by Landlord in advance in writing unless ordinary wear and tear or beyond the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements reasonable control of items shall be of the same sizeTenant; provided however, qualitythat, color and design as the items replaced. If at Landlord’s option, or if Tenant does not promptly fails to make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, 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 paid or incurred 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 in accordance with Article 27, at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by Landlord therefor shall be reimbursed by governmental or quasi-governmental authority or court order or decree. Tenant promptly after request by Landlordhereby 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, such amounts being additional Rent hereunderstatute, or ordinance now or hereafter in effect. Notwithstanding anything to the contrary contained in this Leaseherein, Landlord shall perform and construct, and Tenant shall indemnify Landlord and pay for have no obligation to perform or construct, any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniturerepair, fixturesmaintenance, or other property improvements which are required to be treated as a “capital expenditure” under generally accepted accounting principles except to the extent the same is required due to the negligence or from the Premises, or by willful misconduct of Tenant or its agents, employees, agentscontractors or invitees (subject, contractorshowever, or visitorsto Section 10.5). 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Kinnate Biopharma Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, keep the Premises (and, if the Premises constitute a full floor of the Building, the restrooms located on the floor of the Building on which the Premises is located), including all improvements, fixtures and such work shall be performed 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 written approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises (and, if the Premises constitute a first classfull floor of the Building, workmanlike manner the restrooms located on the floor of the Building on which the Premises is located) and using replacement parts of comparable replace or better qualityrepair all damaged or broken fixtures and appurtenances; provided however, stylethat, materialsat Landlord’s option, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If if Tenant does not promptly fails to make such arrangementsrepairs, Landlord (or Landlord’s property manager) may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord (or Landlord’s property manager) the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord (or Landlord’s property manager) for all overhead, general conditions, fees and other costs paid or incurred by expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord therefor may, but shall not be reimbursed by Tenant promptly after request by Landlordrequired to, enter the Premises at all reasonable times to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, alterations, improvements and additions to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary Building or to any equipment located in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by the Building as Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, shall desire or deem necessary or as Landlord may contract with a service company of its own choosing (be required to do by governmental or provide such service itself) for the maintenance, repair quasi-governmental authority or replacement (when Landlord deems it necessary) of the heating, ventilating and air conditioning 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 Landlordcourt order or decree. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (NovaBay Pharmaceuticals, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 belowTenant shall, Tenant shall at Tenant’s own expense, keep the Premises, whether structural or non-structural including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light plumbing fixtures and bulbsequipment such as dishwashers, keys garbage disposals, and locks, fire extinguishers, plumbing and other fixtures, heating, airinsta-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessaryhot dispensers), landscaping, parking areas (including striping and re-paving thereof) any and all alterations equipment of Landlord’s listed on Exhibit 7 (the “Landlord Equipment”), or elsewhere exclusively serving the Premises, and improvements to the floor or floors of the Building on which the Premises whether installed by Landlord or Tenant) are located, in good order, repair and sanitary condition and repair, and in compliance with at all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewithtimes during the Lease Term. In the event that any repairs or maintenance are requiredaddition, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, but under the supervision and such work shall be performed in a first classsubject to the prior reasonable approval of Landlord, workmanlike manner and using replacement parts within any reasonable period of comparable time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or better qualityrepair all damaged, style, materialsbroken, or construction. All such repairs worn fixtures and maintenance shall be approved appurtenances, except for damage caused by Landlord in advance in writing unless ordinary wear and tear or beyond the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements reasonable control of items shall be of the same sizeTenant; provided however, qualitythat, color and design as the items replaced. If at Landlord’s option, or if Tenant does not promptly fails to make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, 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 paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by expenses arising from Landlord, ’s involvement with such amounts repairs and replacements forthwith upon being additional Rent hereunderbilled for same. Notwithstanding anything to the contrary contained in this LeaseWithout limitation, Tenant shall indemnify Landlord and pay be responsible for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air air-conditioning equipment systems and utility services serving the PremisesPremises from the Building connection point to the Premises (to the extent serving Tenant exclusively), or and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord may contract with a service company of its own choosing (or provide such service itself) providing for the maintenanceregular maintenance of such systems. Notwithstanding the foregoing, repair or replacement Landlord shall be responsible for repairs to the exterior walls, foundation and roof (when Landlord deems it necessaryincluding roof membrane) of the heating, ventilating and air conditioning 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roofBuilding, the structural integrity portions of the roof floors of the Building, and the base building systems and equipment of the Building and Common Areas (excluding skylightsto the extent not serving Tenant exclusively), sidewalls except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and foundationupon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree.

Appears in 1 contract

Sources: Lease Agreement (Werewolf Therapeutics, Inc.)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the sameshall, at Tenant’s sole cost and own expense, keep the Leased Premises in good order, repair and such work 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 within any reasonable period of time specified by Landlord. In addition, Tenant shall, at Tenant’s expense, make all repairs, installations and additions to the Leased Premises as may be performed in a first classrequired by any law, workmanlike manner and using replacement parts ordinance, regulation or ruling of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless any governmental authority having jurisdiction over the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replacedLeased Premises. If Tenant does not promptly make such arrangementsdo so, Landlord may, but need not, make such repairs and maintenanceany repairs, replacements, installations, and additions which Tenant is obligated to make and Tenant shall pay Landlord the costs paid cost thereof, forthwith upon being billed for same. Landlord may also make repairs, installations and additions to or incurred 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 therefor shall be reimbursed by deemed or construed to be a disturbance of Tenant’s quiet or peaceable possession of the Leased Premises or of any rights of Tenant promptly after request by Landlordunder this Lease. Landlord may, but shall not be required to, enter the Leased Premises at all reasonable times to make such amounts being additional Rent hereunder. Notwithstanding anything repairs, installations, alterations, improvements and additions to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Leased Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors. 10.2. Notwithstanding anything to the contrary Building or to any equipment located in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by the Building as Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, shall desire or Landlord may contract with a service company of its own choosing (or provide such service itself) for the maintenance, repair or replacement (when Landlord deems it deem necessary) of the heating, ventilating and air conditioning 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Lease Agreement (Stockeryale Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall at Tenant's own expense and pursuant to the terms of this Lease, including without limitation Article 9 hereof, keep the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein in good order, keys repair and lockscondition at all times during the Lease Term. In addition, fire extinguishersTenant shall, plumbing at Tenant's own expense but under the supervision and other fixturessubject to the prior approval of Landlord, heatingand within any reasonable period of time specified by Landlord, air-conditioningpursuant to the terms of this Lease, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving Article 9 hereof, promptly and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed by Landlord and replace or Tenant) in good repair all damaged or broken fixtures and sanitary condition and repairappurtenances; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs within 10 days (or, if such repairs cannot be made within said 10 day period despite Tenant's diligent and replacements as necessary in connection therewith. In the event that any repairs or maintenance are requiredcontinuous efforts, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work said 10 day period shall be performed extended for so long as Tenant is diligently and continuously pursuing same but in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000no event longer than an additional 20 days). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenancereplacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs paid or incurred 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 Landlord therefor the terms of this Lease or by governmental or quasi-governmental authority or court order or decree, and any such entry shall not be deemed to be or shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas construed as an eviction of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitorsTenant. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (CPS Systems Inc)

Repairs. 10.1. Except for damage by casualty as provided under Section 11 Tenant shall, at Tenant's own expense, keep or as otherwise provided in Section 10.3 below, Tenant shall keep cause to be kept the Premises, whether structural or non-structural (includingincluding all improvements, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbsfurnishings therein, keys in good order, repair and lockscondition at all times during the Lease Term. In addition, fire extinguishersTenant shall, plumbing at Tenant's own expense, but under the supervision and other fixturessubject to the prior approval of Landlord, heatingand within any reasonable period of time specified by Landlord, air-conditioning, ventilation, electrical, sprinkler promptly and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and adequately repair all alterations and improvements damage to the Premises whether installed by Landlord and replace or Tenant) in good repair all damaged, broken, or worn fixtures and sanitary condition and repairappurtenances; provided however, and in compliance with all Laws now that, at Landlord's option, or hereafter adopted, and shall maintain and if Tenant fails to make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the same size, quality, color and design as the items replaced. If Tenant does not promptly make such arrangementsrepairs, Landlord may, but need not, make such repairs and maintenancereplacements, 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 be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the costs paid or incurred by systems and equipment of the Building, except to the extent that such repairs are required due to the negligence of Tenant; provided, however, that if such repairs are due to the negligence of Tenant, Landlord therefor shall be reimbursed by Tenant promptly after request nevertheless make such repairs at Tenant's expense, or, if covered by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease's insurance, Tenant shall indemnify only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and pay for any releases its right to make repairs at Landlord's expense under Sections 1941 and maintenance to areas 1942 of the Premises made necessary in whole California Civil Code or in part by the moving of under any furnituresimilar law, fixturesstatute, or other property to ordinance now or from the Premises, or by Tenant or its employees, agents, contractors, or visitorshereafter in effect. 10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service 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 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. 10.3. Landlord’s obligation with respect to repairs shall be limited to the structural parts of the Premises, which structural parts include only the roof, beams and columns bearing the main load of the roof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.

Appears in 1 contract

Sources: Office Lease (Specialty Laboratories Inc)