Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 4 contracts
Sources: Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc)
Repairs. A. By taking possession 1) Landlord's obligations:
a) The landlord must provide and maintain the manufactured home park in a reasonable state of repair, suitable for occupation by a tenant. The landlord must comply with health, safety and housing standards required by law.
b) If the landlord is required to make a repair to comply with the above obligations, the tenant may discuss it with the landlord. If the landlord refuses to make the repair, the tenant may seek an arbitrator's order under the Manufactured Home Park Tenancy Act for the completion and costs of the Premisesrepair.
c) The landlord is not required to maintain or repair improvements made to the manufactured home site by a tenant occupying the site, Tenant shall be deemed or the assign of the tenant, unless the obligation to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at do so is a term of this tenancy agreement.
2) Tenant's sole cost obligations
a) The tenant must maintain reasonable health, cleanliness and expense, keep sanitary standards throughout the Premises manufactured home site and every part thereof in good condition and common areas. The tenant must take the necessary steps to repair damage thereto from causes beyond to the manufactured home site or common areas caused by the actions or neglect of the tenant or a person permitted in the manufactured home park by that tenant. The tenant is not responsible for repairs for reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord manufactured home site or common areas.
b) If the tenant does not comply with the above obligations within a reasonable time, the landlord may discuss the matter with the tenant and may seek a monetary order through arbitration under the Manufactured Home Park Tenancy Act for the cost of repairs, serve a notice to end a tenancy, or both.
3) Emergency repairs
a) The landlord must post and maintain in good conditiona conspicuous place in the manufactured home park, ordinary wear or give to the tenant in writing, the name and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition telephone number of the Premises or the Building except as specifically herein set forthdesignated contact person for emergency repairs.
B. Notwithstanding b) If emergency repairs are required, the provisions of Article 11tenant must make at least two attempts to telephone the designated contact person, and then give the landlord a reasonable time to complete the repairs.
A. hereinabovec) If the emergency repairs are still required, Landlord shall repair the tenant may undertake the repairs, and maintain claim reimbursement from the structural portions landlord, provided a statement of account and receipts are given to the landlord. If the landlord does not reimburse a tenant as required, the tenant may deduct the cost from rent. The landlord may take over completion of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make emergency repairs at Landlord's expense under any law, statute time.
d) Emergency repairs must be urgent and necessary for the health and safety of persons or ordinance now preservation or hereafter use of property in effect (including the provisions of California Civil Code Sections 1941 manufactured home park and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails are limited to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (repairing i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairmajor leaks in pipes, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraphdamaged or blocked water or sewer pipes, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.or
Appears in 3 contracts
Sources: Manufactured Home Site Tenancy Agreement, Manufactured Home Site Tenancy Agreement, Manufactured Home Site Tenancy Agreement
Repairs. A. By a. Subject to Tenant's right to inspect the Premises prior to occupancy thereof and submit a "punch list" to Landlord in accordance with Paragraph 32.b of this Lease and to latent defects, by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Subject to Landlord's maintenance, repair and replacement obligations set forth in this Lease, Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, b. Landlord shall repair and maintain the structural portions of the Building, including the roof, basic plumbing, air conditioning, heating heating, and electrical and sprinkler systems installed or furnished by Landlord Landlord, and any latent defects thereof, in good order, condition and repair, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses as provided in Article 7 hereof. In the event Landlord fails to perform its maintenance or repair obligations hereunder, Tenant shall notify Landlord to do such acts as are required to fulfill its maintenance and repair obligations. In the event Landlord fails to commence such work promptly upon demand by Tenant, and diligently prosecute it to completion, or in the event of an emergency, then Tenant shall have the right, but shall not be liable for any failure required, to make any do such repairs or acts and expend such funds as are reasonably required to perform such work. In the event that any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs repairs, maintenance or maintenance is given replacement was not properly chargeable to Tenant as an Operating Expense, or should have been paid through the reserve account established by Landlord, then upon completion of such work, Landlord shall reimburse to Tenant all necessary and reasonable costs thereof within 10 days following receipt of an invoice from Tenant. If Landlord fails to reimburse Tenant within such 10 day period, interest shall accrue on the unpaid invoiced costs at the rate of 4% over the Prime Rate then being charged by TenantColorado Business Bank of Boulder, or its successor, and Tenant shall be entitled to offset such unpaid amounts against future Rent. Except as provided herein or as otherwise set forth in this Lease, and subject to the provisions of Article 22 hereof21, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 2 contracts
Sources: Lease (Hei Inc), Lease (Colorado Medtech Inc)
Repairs. A. By taking possession (a) Landlord shall keep the Common Areas of the PremisesBuilding and the Project in a clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof common with other tenants in good condition and repair damage thereto from causes beyond and to replace same at the end of such equipment’s normal and useful life, reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant casualty loss excepted. Except as specifically expressly provided in an addendum, if any, to Paragraph 9 of this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Premises, or in or to fixtures, appurtenances and equipment thereinProject. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect effect.
(b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the provisions Premises at the time of California Civil Code Sections 1941 and 1942 and any successor sections or statutes Landlord’s delivery of a similar naturethe Premises to Tenant); provided, however, if Landlord fails to perform any repair work required of Landlord with respect . Tenant shall make all repairs to the Premises pursuant not required to this Paragraphbe made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Premises, the Building or the Project made necessary by any gross negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Premises or the Project by Tenant. If Tenant fails to make such repairs or replacements within thirty (30) days after Landlord receives Tenant's written notice of the need for from Landlord, Landlord may at its option make such repair (repairs or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work)replacements, then and Tenant shall be permitted upon demand pay Landlord for the cost thereof, together with an administration fee equal to make five percent (5%) of such repairscosts.
(c) Upon the expiration or earlier termination of this Lease, using contractors reasonably approved by LandlordTenant shall surrender the Premises in a safe, provided clean and neat condition, normal wear and tear excepted. Prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises (i) Tenant first gives Landlord an additional two (2all trade fixtures, furnishings and other personal property of Tenant, except as otherwise set forth in Paragraph 4(b) business days' prior written notice indicating that Tenant intends to undertake such repairof this Lease, and (ii) Landlord fails all computer and phone cabling and wiring installed by or on behalf of Tenant (including any computer and phone cabling and wiring installed under the terms of the Existing Leases), and Tenant shall repair all damage caused by such removal, and shall restore the Premises to commence such repair within such two (2) business day periodits original condition, reasonable wear and tear excepted. If Tenant performs any repair as permitted under this ParagraphNotwithstanding anything herein to the contrary, Landlord agrees shall have the right to reimburse require the removal of any alterations or improvements to the extent Landlord would have had the right to require their removal under any of the Existing Leases. In addition to all other rights Landlord may have, in the event Tenant for the reasonabledoes not so remove any such fixtures, actual and documented costs of such repair performed by Tenantfurnishings or personal property, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done deemed to have abandoned the same, in accordance with which case Landlord may store or dispose of the provisions of this Leasesame at Tenant’s expense, including without limitationappropriate the same for itself, Paragraph 12, keeping and/or sell the premises free from lienssame in its discretion.
Appears in 2 contracts
Sources: Office Lease (Health Catalyst, Inc.), Office Lease (Health Catalyst, Inc.)
Repairs. A. By taking Lessee agrees to act with reasonable care in its use and occupancy of the Leased Premises and the fixtures therein and shall at its sole cost and expense, make all such repairs thereto, including those necessitated by the negligence of Lessee, or any sublessee, their agents, employees or invitees or by the Lessee’s use of the Leased Premised in a manner contrary to the purposes for which same are leased to Lessee, as and when needed to preserve them in their condition at the Commencement Date, except for reasonable wear, tear and use, or damage by fire or other casualty (unless the negligence of Lessee or its agents, employees, contractors or invitees is a supervening cause). All damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or the Building of which the Leased Premises are a part, or to its fixtures, appurtenances and equipment caused by Lessee, its agents, employees, contractors or invitees or by Lessee moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Lessee at its sole cost and expense, to the reasonable satisfaction of Lessor, reasonable wear and tear excepted. All such aforesaid repairs, restorations and replacements shall be in quality and class equal to the original work or installations, reasonable wear and tear excepted. If Lessee fails to make such repairs, restorations or replacements within a reasonable time after written notice from the Lessor, same may be made by Lessor at the reasonable expense of Lessee and such expense shall be collectable as Additional Rent. Lessee expressly will not cause any damage to the hallways or common areas of the Building or the Property, reasonable wear and tear excepted. Except as specifically herein otherwise provided, ▇▇▇▇▇▇ agrees that from and after the date that possession of the PremisesLeased Premises is delivered to Lessee, Tenant shall be deemed and until the expiration of the Term hereof, it will use commercially reasonable efforts to have accepted the Premises as being keep neat and clean and maintain in good, sanitary good order, condition and repair. Tenant shall, at Tenant's sole cost reasonable wear and expensetear excepted, keep the Leased Premises and every part thereof, including without limitation the interior portions of all doors, windows, and plate glass, fixtures and interior walls, floors, ceilings, signs (where permitted) and all wiring, electrical systems, plumbing, interior building appliances, HVAC, and similar equipment exclusively serving the Leased Premises. Lessee shall, at Lessee’s expense, use commercially reasonable efforts to repair and maintain (subject to the provisions of this Lease) the Leased Premises and any part and portion thereof from time to time to assure that the same are kept in good first-class tenantable and attractive condition and repair damage thereto from causes beyond throughout the term of this Lease, reasonable control of Tenant with ordinary wear and tear excepted. Tenant ▇▇▇▇▇▇ further agrees that the Leased Premises shall upon be kept in a clean, sanitary and safe condition in accordance with the expiration laws of the Commonwealth of Massachusetts and local ordinances, and in accordance with all directions, rules and regulations of the Health Officer, Fire Marshal, Building Inspector and other proper officers of the governmental agencies having jurisdiction thereover. Lessee shall not permit or sooner termination of this Lease hereof surrender the Premises commit any waste to the Landlord Leased Premises, Building or Property. Subject to Lessor’s obligations to repair and maintain HVAC in good conditionthe Property, ordinary wear and tear and damage from causes beyond Lessor is not responsible for any repairs, maintenance or cleaning of the reasonable control of Tenant excepted. Except as specifically provided in an addendumkitchen area, if any, within the Leased Premises. Subject to this LeaseLessor’s obligations to repair, Landlord maintain and provide HVAC in the Property, Lessee has the sole responsibility for maintaining and keeping in good repair the kitchen area and/or any appliances, reasonable wear and tear excepted. Notwithstanding the foregoing, Lessor shall have no obligation whatsoever the right, upon reasonable prior written notice to alter▇▇▇▇▇▇, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition assume so much of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions maintenance of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or inviteesLeased Premises as Lessor, in which case Tenant its reasonable discretion deems necessary, provided that in doing so Lessor does not interrupt or interfere with the operation and conduct of ▇▇▇▇▇▇’s business. To the extent that the Lessor elects, it shall pay to Landlord charge Lessee the reasonable out-of-pocket cost of such maintenance and repairsrepair or maintenance. Landlord shall not be liable for any failure to make any All such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there undisputed charges shall be no abatement of rent due and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, payable as Additional Rent hereunder within thirty (30) days after Landlord receives Tenant's of billing. Lessee shall make no alterations or additions to the Leased Premises (reasonable wear and tear excepted) without the Lessor’s prior written notice of the need for such repair (consent, which consent will not be unreasonably withheld, conditioned or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant delayed. All repairs shall be permitted made subject to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of Article 20. Lessor shall be responsible for maintenance and repair of the roof, foundation, and structure of the Building and Property except that for maintenance and/or repair caused by negligence or neglect or Lessee, its agents, employees, contractors or invitees. There shall be no abatement of Rent or liability of Lessee on account of any injury or interference with ▇▇▇▇▇▇’s business with respect to any improvements, alterations or repairs made by Lessor to the Property or any part thereof. Except as otherwise provided in Article 13 below, and subject to Lessee’s obligations in this LeaseArticle 12 above, Lessor shall maintain and keep in reasonable condition, all Building systems, including without limitationlife safety, Paragraph 12sanitary, keeping electrical, HVAC, plumbing, security or other systems, the premises free from liensBuilding foundation, the roof, Building structure, structural floor slabs and columns in good repair, order and condition. In addition, Lessor shall operate and maintain the common areas of the Property in substantially the same manner as comparable combination office and R&D facilities in the vicinity of the Leased Premises.
Appears in 2 contracts
Sources: Lease Agreement (Allurion Technologies Holdings, Inc.), Lease Agreement (Allurion Technologies Holdings, Inc.)
Repairs. A. By taking possession (a) Landlord shall make all necessary repairs, maintenance or replacements to the Premises arising from faulty material used or defective workmanship employed in the construction of the PremisesPremises or Landlord's Work, Tenant and Landlord shall be deemed responsible for enforcing all warranties to have accepted be obtained in connection with Landlord's Work pursuant to the Premises "Final Plans and Specifications" (as being defined in goodExhibit C) and make all necessary repairs, sanitary order, condition and repairmaintenance or replacements required thereunder. Tenant shallLandlord, at Tenant's its sole cost and expense, agrees to keep in good condition and repair, and make all necessary maintenance, repairs or replacements to, the roof and structural portions of the Building.
(b) Subject to Landlord's obligations under Sections 14 and 15(a) above and Section 17 below, Tenant shall maintain the Premises in a clean, safe and every part thereof sanitary condition and in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear take good care thereof, suffer no waste or injury thereto, and tear excepted. Tenant shall upon at the expiration or sooner termination of the Term of this Lease hereof Lease, surrender the Premises, broom clean, in the same order and condition in which the Premises to is on the Landlord in good conditionCommencement Date, ordinary wear and tear and damage from causes beyond by fire or other casualty (subject to the reasonable control provisions of Section 14) excepted.
(c) In the event that Tenant excepted. Except makes any upgrades, repairs or replacements to the Premises of a capital nature (i.e., any such upgrades, repairs or replacements which add to the value of the Premises or extend the useful life of the improvements on the Premises) for any reason, including without limitation, by reason of changes in applicable law or as specifically provided in an addenduma result of the deterioration of a component of the improvements due to normal wear and tear or frequency of repairs, if any, to Landlord agrees that upon the expiration or earlier termination of this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the reimburse Tenant, its agentson a straight line basis, servantswithout interest, employees or invitees, in which case for the unamortized costs borne by Tenant shall pay to Landlord the reasonable cost of such maintenance upgrades, repairs and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary replacements based upon the nature anticipated useful life of such upgrades and replacements as determined below. To facilitate reimbursement, at the time of the required work)completion of such upgrades or replacements, then Landlord and Tenant shall be permitted to make such repairsagree, using contractors reasonably approved by Landlordin writing, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day periodupon the anticipated useful life of each capital upgrade or replacement. If Landlord and Tenant performs any repair as permitted under this Paragraphare unable to agree, Landlord agrees they shall submit the determination of anticipated useful life to reimburse Tenant for an independent, unaffiliated arbitrator to be chosen and to conduct the reasonabledetermination pursuant to the Commercial Rules of the American Arbitration Association, actual whose decision shall be final and documented binding upon the parties. The parties shall equally bear the costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensarbitrator.
Appears in 2 contracts
Sources: Deed of Lease (Amerigroup Corp), Deed of Lease (Amerigroup Corp)
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear exceptedexpected. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant exceptedexpected. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of Article 11.
A. 11.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or of maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 2 contracts
Sources: Office Building Lease (Castle Biosciences Inc), Office Building Lease (Castle Biosciences Inc)
Repairs. A. By taking possession (a) Landlord shall keep the Common Areas of the PremisesBuilding and the Project in a clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not constituting a portion of any tenant s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof common with other tenants in good condition and repair damage thereto from causes beyond and to replace same at the end of such equipment’s normal and useful life reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant casualty loss excepted. Except as specifically expressly provided in an addendum, if any, to Paragraph 9 of this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, Lease there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Premises, or in or to fixtures, appurtenances and equipment thereinProject. Tenant waives the right to make repairs at Landlord's ’s expense under any law, law statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and Section 1942 and any successor successive sections or statutes of a similar nature); provided.
(b) Tenant, howeverat its expense, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairshall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraphand which are located in the Premises including, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12lavatory, keeping shower toilet, wash basin and kitchen facilities and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the premises free from liens.Premises at the time of Landlord’s delivery of the Premises to Tenant). Tenant shall make all repairs to the Premises not required to be made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling,
Appears in 2 contracts
Sources: Office Lease (Zoom Video Communications, Inc.), Office Lease (Zoom Video Communications, Inc.)
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord landlord has made no representations representation to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. 11.
B. b. Notwithstanding the provisions of Article 11.
A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or inviteesinvites, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of by Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 2 contracts
Sources: Sublease (Quokka Sports Inc), Sublease (Quokka Sports Inc)
Repairs. A. By taking possession 13.01 Tenant shall, at its sole expense, keep and maintain the Premises and every part thereof (excepting common use equipment, which Landlord agrees to repair or replace pursuant to Section 5.02 unless damages are due to the neglect or intentional acts of Tenant or its agents, employees, visitors, or licensees), including interior windows, doors, plate glass, any store fronts and the interior of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, good and sanitary order, condition and repair. Tenant shallwill, also, at Tenant's its sole cost keep and expensemaintain all utilities, keep the Premises fixtures, plumbing and every part thereof mechanical equipment used by Tenant in good condition order and repair damage thereto from causes beyond and furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the reasonable control Premises. The standard for comparison and need of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting repair will be the condition of the Premises or at the Building except as specifically herein set forthtime of commencement of this Lease and all repairs will be made by a licensed and bonded contractor approved by Landlord.
B. Notwithstanding 13.02 Tenant will not make repairs to the provisions Premises at the cost of Article 11.
A. hereinaboveLandlord whether by deductions of rent or otherwise, Landlord shall repair and maintain or vacate the structural portions of Premises or terminate the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and Lease if repairs are caused in part not made. If during the Term, any alteration, addition or in whole change to the Premises is required by the actlegal authorities, neglect, fault or omission of any duty by the Tenant, at its agentssole expense, servants, employees or invitees, in which case Tenant shall pay to Landlord promptly make the reasonable cost of such maintenance and repairssame. Landlord shall not be liable for any failure reserves the right to make any such repairs not made or to perform maintained in good condition by Tenant and Tenant shall reimburse Landlord for all such costs upon demand.
13.03 If repairs deemed necessary by Landlord or any maintenance unless government authority are not made by Tenant within the prescribed time frame as requested in writing, such failure to repair shall persist be an Event of Default subject to the provision of Section 19.01(B) hereof.
13.04 Tenant shall, at its own expense, within thirty days of lease commencement, contract with a vendor acceptable to Landlord for an unreasonable time after written notice the maintenance service of the need of HVAC which will be furnished to the Landlord upon request. If Tenant fails to obtain and maintain such repairs or a maintenance is given to service contract Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives have the right to make repairs obtain such a maintenance service contract at Landlord's the expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 2 contracts
Sources: Standard Industrial Lease (United Stationers Supply Co), Standard Industrial Lease (United Stationers Supply Co)
Repairs. A. By taking possession LANDLORD shall not be required to keep any portion of the Premises, Tenant Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for any reason will be performed at the expense of TENANT. Structural portions shall be deemed to have accepted defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises as being in goodgood repair including, sanitary but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a year), signs and other mechanical installation in good order, condition and repair. Tenant shallrepair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, at Tenant's sole cost and expense, keep the Premises and every part thereof in as good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good conditionas when received, excepting ordinary wear and tear and damage from causes beyond by fire or insured casualty. When used in this paragraph, the reasonable control of Tenant excepted. Except term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as specifically expressly provided in an addendum, if any, to this Lease, Landlord above LANDLORD shall have no obligation whatsoever to alter, remodel, improve, repair, decorate maintain, alter or paint modify the Leased Premises or any part thereof once thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition commencement of the Premises term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and air conditioning units or facilities within the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall Leased Premises. TENANT agrees to be solely responsible for and thereafter to repair and to maintain the structural portions of the BuildingLeased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, including the basic plumbing, air conditioning, typical service contracts of such companies providing for the inspection and servicing of the heating and electrical systems installed or furnished air conditioning equipment. All repairs, and/or replacements made by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant TENANT shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except same quality, design and class as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required original work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 2 contracts
Sources: Lease Agreement (Bryn Mawr Bank Corp), Lease Agreement (Bryn Mawr Bank Corp)
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of Article 11.
A. 11.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 2 contracts
Sources: Office Building Lease (Cross Country Healthcare Inc), Office Building Lease (Cross Country Healthcare Inc)
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect effect, (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' days prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 2 contracts
Sources: Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc)
Repairs. A. By taking possession of Tenant shall replace as necessary all light bulbs, fluorescent tubes, ballasts and other lighting devices in lighting fixtures within the Premises, . Tenant shall be deemed to have accepted responsible for the repair and maintenance of any minor issues within the premises. (Example: replacement of air filters, the fixing or replacement of a leaky faucet, etc.) The Landlord shall be responsible for the repair, replacement, and or maintenance of any major issues within the premises. (Example: repair or replacement of a burst/broken water line/pipe/main, the repair of any electrical issues that were caused by something other than the negligence of the tenant, etc.) Except as set forth herein, Tenant shall, at its expense, keep the interior of the Premises as being in good, sanitary order, good condition and repairrepair and shall also be responsible for the entire cost of all repairs and replacements otherwise the responsibility of Landlord hereunder that are required by reason of acts or negligence of Tenant, its agents, employees, customers or invitees. Tenant shall be responsible for repairing any damage to the Building caused by the installation or moving of Tenant's furniture, equipment and personal property. Tenant shall, at Tenant's sole cost and its expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in or adjacent to the Premises. Tenant shall at all times keep the Premises in a clean, orderly, neat and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedsafe condition. Tenant shall upon not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration or sooner termination of this Lease hereof surrender the Premises to Term. In the Landlord in good conditionevent that, ordinary wear and tear and damage from causes beyond at the reasonable control request of Tenant excepted. Except as specifically provided in an addendum, if any, to this LeaseTenant, Landlord shall have no obligation whatsoever to alterperforms any maintenance, remodel, improve, repair, decorate repairs or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition servicing of the Premises or which is the Building except as specifically herein set forth.
B. Notwithstanding the provisions obligation of Article 11.
A. hereinaboveTenant hereunder, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case then Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsdirectly tberefor. Tenant shall give Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need for any such repairs to be made by Landlord, and Landlord shall be under no liability for damage or injury, however caused, in the event of its failure to make such repairs unless it shall have received such notice from Tenant and failed to make such repairs within a reasonable time after receipt of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment thereinnotice. Tenant hereby waives the any right to make repairs at Landlord's expense under expense. Landlord may make any lawalterations, statute improvements or ordinance now repairs which Landlord may deem necessary for the preservation, safety or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice improvement of the need Premises. Not withstanding the above, Landlord shall be responsible for such the repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature and replacement of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairroof and Building structure, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs replacement of any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensHVAC equipment.
Appears in 1 contract
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of Article 11.
A. 8.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the roof, foundation and walls, and basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 18 hereof, there shall be no abatement of rent and no liability of Landlord by reason of or any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Repairs. A. By taking possession 13.01 Tenant shall, at its sole expense, keep and maintain the Premises and every part thereof (excepting common use equipment, which Landlord agrees to repair or replace pursuant to Section 5.02 unless damages are due to the neglect or intentional acts of Tenant or its agents, employees, visitors, or licensees), including interior windows, skylights, doors, plate glass, any store fronts and the interior of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, good and sanitary order, condition and repair. Tenant shallwill, also, at Tenant's its sole cost keep and expensemaintain all utilities, keep the Premises fixtures, plumbing and every part thereof mechanical equipment used by Tenant in good condition order and repair damage thereto from causes beyond and furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the reasonable control Premises. The standard for comparison and need of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting repair will be the condition of the Premises or at the Building except as specifically herein set forthtime of commencement of this Lease and all repairs will be made by a licensed and bonded contractor approved by Landlord.
B. Notwithstanding 13.02 Tenant will not make repairs to the provisions Premises at the cost of Article 11.
A. hereinaboveLandlord whether by deductions of rent or otherwise, or vacate the Premises or terminate the Lease if repairs are not made. If during the Term, any alteration, addition or change to the Premises is required by legal authorities, Tenant, at its sole expense, shall promptly make the same. The cost of any such capital improvements made by landlord shall be amortized over the useful life thereof in accordance with generally accepted accounting principles and included within the Operating Costs. In such case, Tenant shall reimburse Landlord shall repair and maintain the structural portions for its Proportionate Share of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost current monthly portion of such maintenance and repairsamortized costs pursuant to Section 5.02. Landlord shall not be liable for any failure reserves the right to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of otherwise maintain the need of Premises if such repairs or maintenance is given are required to be performed by Tenant hereunder and if such repairs are not made or the Premises are not maintained in good condition by Tenant and Tenant shall reimburse Landlord for all such costs upon demand.
13.03 If repairs deemed necessary by Landlord or any government authority are not made by Tenant within the prescribed time frame as requested in writing, Tenant shall be in default of this Lease.
13.04 Tenant shall, at its own expense, within thirty days of lease commencement, contract with a vendor acceptable to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from for the making of any repairs, alterations or improvements in or to any portion maintenance service of the Building or HVAC which will be furnished to the Premises, or in or Landlord upon request. If Tenant fails to fixtures, appurtenances obtain and equipment therein. Tenant waives maintain such a maintenance service contract Landlord shall have the right to make repairs obtain such a maintenance service contract at Landlord's the expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Sources: Standard Industrial Lease (Net Net Net) (Rexall Sundown Inc)
Repairs. A. (a) By taking possession of the Premisesentry hereunder, Tenant shall be deemed to have accepted accepts the Premises as being in good, good and sanitary order, condition and repair. Tenant shall, when and if needed or whenever requested by Landlord to do so, at Tenant's sole cost and expense, keep maintain and make all repairs to the interior of the Premises and every part thereof thereof, to keep, maintain and preserve the Premises in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with first class condition, excepting ordinary wear and tear exceptedtear, and repair. Any such maintenance and repairs shall be performed by Landlord's contractor, or at Landlord's option, by such contractor or contractors as Tenant may choose from an approved list to be submitted by Landlord. All costs and expenses incurred in such maintenance and repair shall be paid by Tenant within seven (7) business days after billing by Landlord or such contractor or contractors unless such repair is necessitated by the act, neglect, fault or emission of any duty of Landlord, its agents, servants or employees. Tenant shall upon the expiration or sooner termination of this Lease the term hereof surrender the Premises to the Landlord in good conditionthe same condition as when received, ordinary reasonable wear and tear tear, casualty and damage from causes beyond the reasonable control of Tenant exceptedcondemnation excepted and subject to Section 13(i) above. Except as specifically provided set forth in an addendum, if any, to this LeaseExhibit "C" herein, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, (b) Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, heating, ventilating, air conditioning, heating conditioning and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord as additional rent, the actual reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, Paragraph 21 hereof there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives therein unless such repair is necessitated by the right to make repairs at Landlord's expense under act, neglect, fault or omission of any lawduty of Landlord or its agents, statute servants or ordinance now or hereafter employees, in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, howeverwhich case, if Landlord fails Tenant is unable to perform use the Premises, or any repair work required portion of Landlord with respect to it, during the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using rent shall be abated in proportion to the portion of the Premises rendered unusable until Tenant is again able to use the entire Premises. Tenant shall maintain and repair at its sole cost and expense, and with maintenance contractors reasonably approved by Landlord, provided (i) all special non-base building facilities installed by or on behalf of Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends including but not limited to undertake such repairlavatory, shower, toilet, washbasin and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual kitchen facilities and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Leasespecial heating and air conditioning systems, including without limitation, Paragraph 12, keeping the premises free from liens.all plumbing connected to said facilities or systems,
Appears in 1 contract
Sources: Office Lease (Versata Inc)
Repairs. A. By taking possession of The Tenant covenants with the Landlord to repair, maintain and keep at the Tenant’s own cost, except insofar as the obligation to repair rests upon the Landlord pursuant to this Lease, the Leased Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof including Leasehold Improvements in good condition and repair damage thereto from causes beyond the substantial repair, reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond condemnation excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for the exclusion therefrom of defects not sufficient to impair the Tenant’s use of the Leased Premises while using them in a manner consistent with this Lease. The Landlord may enter the Leased Premises, after giving the Tenant reasonable control advance, verbal notice (which shall not be required in the event of an emergency) and view the condition thereof, and the Tenant covenants with the Landlord to repair, maintain and keep the Leased Premises in good and substantial repair, reasonable wear and tear and damage from condemnation excepted. Except If the Tenant shall fail to repair as specifically provided in an addendumaforesaid after 10 days notice to do so, if any, to this Lease, the Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint may effect the Premises or any part thereof once the initial tenant improvements are completed repairs and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsthereof to the Landlord on demand. The Tenant covenants with the Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice that the Tenant will at the expiration of the need of such repairs Term or maintenance is given to Landlord by Tenantsooner termination thereof peaceably surrender the Leased Premises and appurtenances in good and substantial repair and condition, reasonable wear and tear and damage from condemnation excepted. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.Indemnification
Appears in 1 contract
Sources: Lease Agreement (American Pharmaceutical Partners Inc /De/)
Repairs. A. By taking possession (a) Landlord shall (i) keep the core and shell (as defined in Section 12.5), the roof, exterior walls, foundation and structural frame of the PremisesBuilding and the Common Area in good order, repair and condition (excluding, however, all repairs which Tenant shall be deemed is obligated to have accepted make or pay for pursuant to this Section 8.1 and all repairs which any other tenant of the Premises as being Building is required to make pursuant to the terms of such tenant’s lease), consistent with comparable Class A office building standards, at all times during the Term, and (ii) keep in good, sanitary good order, condition and repair, consistent with comparable Class A office building standards, all outside windows of the Demised Premises and the base Building electrical, plumbing, heating, ventilating and air conditioning systems servicing the Demised Premises (other than as set forth in Section 8.1(b) below). Landlord’s repair obligations hereunder shall include the “replacement” of items for which Landlord is responsible for repair hereunder, as opposed to repairs to such items, if such items have reached the end of their useful life (as determined by Landlord, in good faith), and if the replacement (in lieu of repair) of such items would be the commercially reasonable course of action in accordance with comparable Class A office building standards. Tenant shallshall give Landlord prompt notice of any defective condition in any base Building plumbing, heating system or electrical lines located in, servicing or passing through the Demised Premises and following such notice, Landlord shall use commercially reasonable efforts where practicable to initiate all repairs promptly and to remedy the condition with due diligence, subject to unavoidable delay, but at the expense of Tenant if repairs are necessitated by any default by Tenant hereunder or by any negligence or willful misconduct attributable to Tenant, Tenant’s agents, employees, invitees or licensees; provided, however, that no liability of Landlord to Tenant shall accrue hereunder unless and until Tenant has given notice to Landlord of the specific repair to be made.
(b) Tenant, at Tenant's its sole cost and expense, shall (i) keep the Demised Premises (including all Tenant’s Work and every part thereof other Alterations) in good order, repair and condition at all times during the Term, and (ii) promptly and adequately repair all damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the BuildingDemised Premises, including the basic plumbing, air conditioning, heating damage to interior windows and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or air conditioning, heating, electrical, mechanical and plumbing systems which run through the Demised Premises and which serve the Demised Premises, to the extent caused by Tenant or its contractors, agents, employees or invitees (and to the extent not caused by Tenant or it contractors or agents, employees or invitees, then Landlord shall make such repairs as and to the extent provided in Section 8.1 (a) above). All repairs made by or on behalf of Tenant shall be made and performed in accordance with the provisions of Section 8.2 and shall be consistent in quality and design to fixturesClass A office buildings in Lisle/Naperville, appurtenances and equipment thereinIllinois. If Tenant waives the right fails to proceed with due diligence to make repairs required to be made by Tenant, and such failure shall continue for 10 business days after notice from Landlord (except that no such notice shall be required in the case of an emergency or in the event such failure materially impacts the occupancy of any other Building tenant or occupant or the core and shell [as defined in Section 12.5] of the Building), the same may, at Landlord's ’s sole discretion and without limiting other rights or remedies available to Landlord, be made by Landlord at the expense under any law, statute or ordinance now or hereafter in effect (including of Tenant and the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if actual costs so incurred by Landlord fails shall be paid to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, by Tenant within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (submission of a b▇▇▇ or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved statement therefor by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Repairs. A. By taking possession Subject to the provisions of Paragraphs 9 and 58 of this lease, during the full term of this lease, Landlord shall make all structural repairs to the Demised Premises, Tenant except those which shall be deemed to have accepted been occasioned by the Premises as being in goodacts of omission or commission of Tenant, sanitary orderits agents, condition and repair. Tenant shallemployees or invitees, which repairs Landlord shall make at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises Structural repairs are hereby defined to be repairs to the Landlord in good conditionroof supports, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendumbearing walls, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed foundation and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairssteel. Landlord shall not be liable for any failure perform all maintenance and repair work with reasonable diligence and in a workmanlike manner and agrees to make any such repairs or use commercially reasonable efforts to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or minimize interference with Tenant's business arising from operations at the making Demised Premises. Except for Landlord's obligations specifically set forth in this Paragraph 48, Tenant shall, at its own cost and expense, keep the Demised Premises in good condition, repair and appearance at all times throughout the term of any repairsthis lease including, alterations or improvements in or to any portion without limitation, (i) maintenance, repair and replacement of the Building or electrical, plumbing, sprinkler, heating, air conditioning, ventilation, life safety and all other mechanical systems servicing the Demised Premises; (ii) regularly-scheduled cleaning and maintenance of the interior of the Demised Premises; (iii) the maintenance, or in or to fixturesrepair and replacement of all windows, appurtenances doors and equipment therein. Tenant waives plate glass; and (iv) maintenance, repair and replacement of the right to make repairs at Landlord's expense under any lawroof, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord other than with respect to the Premises pursuant roof area described in Paragraph 47 above and the roof supports described in this Paragraph 48(a). Tenant shall at all times obtain and keep in full force and effect for the benefit of Landlord and Tenant with a responsible company doing business in Suffolk County a service, repair and maintenance contract with respect to this Paragraphthe heating, within thirty ventilating and air conditioning systems servicing the Demised Premises. A copy of such contract and renewals thereof shall, upon issuance and thereafter not later than ten (3010) days after prior to expiration, be furnished to Landlord receives Tenant's written notice together with evidence of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienspayment.
Appears in 1 contract
Repairs. A. By taking possession 14.1 Landlord, at Tenants expense (which shall be prorated based upon Tenant's percentage interest of the Premisesannual maximum total Building cost of $7,200.00 as depicted on the Rent Summary ("Structural Repairs"), and shall perform all exterior maintenance, including the maintenance of all parking areas, snow and ice removal, sidewalks, curbing, fencing and landscaping ("Exterior Maintenance"). If Tenant shall be dissatisfied with the performance by Landlord of any required Exterior Maintenance which Landlord has agreed to perform, upon advance notice to Landlord, Tenant shall be deemed permitted to have accepted arrange for the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition performance of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinaboveExterior Maintenance, Landlord shall repair and maintain the structural portions of the Building, provided that any such arrangement (including the basic plumbingcontractor selection by Tenant) shall be approved by Landlord, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant approval shall pay to Landlord the reasonable cost of such maintenance and repairsnot be unreasonably withheld. Landlord shall not be liable for any failure to make any such repairs or to and perform any maintenance unless such failure shall persist for an unreasonable time on a reasonably prompt basis after written notice of the need of for such repairs repair or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there 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 or the failure to make any repairs, alterations or improvements in or to any portion of the Building or the Premises, Demised Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect Subject to the Premises pursuant to $7,200,000 limitation of this ParagraphSection, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted responsible for the payment of the full cost of all Structural Repairs and Exterior Maintenance in the year in which the Structural Repairs and Exterior Maintenance is performed and shall pay such amounts as Additional Rent pursuant to make such repairs, using contractors reasonably approved Section 3.1(c) hereof upon the presentation of invoices by Landlord.
14.2 Tenant shall keep and maintain the Demised Premises in a good and complete state of repair and condition, provided except for ordinary wear and tear. Except for Structural Repairs and Exterior Maintenance, Tenant shall make and perform all interior non-structural repairs and maintenance, including, but not limited to, the plumbing, heating, ventilation, air conditioning and electrical equipment and systems, lights and lighting, necessary to preserve and maintain the Demised Premises and the appurtenances belonging thereto, and will not call upon Landlord during the Term for the making of any repairs or replacements whatsoever, except for Structural Repairs and Exterior Maintenance. All such repairs and replacements shall (ia) Tenant first gives Landlord an additional two be performed in a good and workmanlike manner, (2b) business days' prior written notice indicating that Tenant intends be at least substantially equal in quality and usefulness to undertake such repairthe original work, (c) be of first- class modern character, and (iid) Landlord fails not diminish the overall value of the Demised Premises. All repairs and replacements and other property attached to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for or used in connection with the reasonable, actual and documented costs Demised Premises by or on behalf of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with and become the provisions property of this Lease, including Landlord without limitation, Paragraph 12, keeping payment therefor immediately upon completion or installation thereof except as otherwise approved by Landlord at the premises free from lienstime the repairs or replacements are made.
Appears in 1 contract
Sources: Lease Agreement (Diplomat Corp)
Repairs. A. By taking possession of the Premisesa. Subject to Landlord’s obligations pursuant to Section 10(b) below, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's its sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in Section 10(b) below or in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, b. Landlord shall repair and maintain the common areas, exterior of the Building, structural portions of the Building, including the roof, basic plumbing, air conditioning, heating heating, and electrical and sprinkler systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses, except as otherwise provided herein. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as specifically provided in Article 22 hereofParagraph 21 below regarding reconstruction after a casualty, and so long as Tenant’s access to, and use and enjoyment of, the Premises shall not be unreasonably interfered with, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Except in the event of an emergency involving imminent threat to life or substantial property damage, Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including effect.
c. Notwithstanding the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, howeverforegoing, if Landlord fails to make any repairs or to perform any repair work maintenance required of Landlord with respect to the Premises pursuant to this Paragraphhereunder and within Landlord’s reasonable control, within and such failure shall persist for an unreasonable time (not less than thirty (30) days days) after Landlord receives Tenant's written notice of the need for such repair (repairs or maintenance is given to Landlord and unless Landlord has commenced such repairs or maintenance during such period of time and is diligently pursuing the same, Tenant may (but shall not be required to) following a second notice (which notice shall have a heading in excess of thirty at least 12-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (305) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs after receipt of such repair performed by Tenantsecond notice, but without any off-set rights against rent perform such repairs or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done maintenance in accordance with the provisions of this LeaseLease governing Tenant’s repairs and Alterations and Tenant shall be entitled to offset all third party costs and expenses incurred by Tenant therefor against the subsequent monthly installment of Base Rent, including without limitation, Paragraph 12, keeping the premises free from liensprovided Tenant delivers to Landlord appropriate invoices and back-up documentation regarding such costs and expenses.
Appears in 1 contract
Sources: Lease (Brickell Biotech, Inc.)
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises clean and every part thereof in good order and condition and repair damage thereto from causes beyond immediately pay Landlord, upon demand, for the reasonable control cost to make any repairs caused by Tenant’s negligence or misuse or that of Tenant with ordinary wear and tear exceptedTenant’s family, guests, invitees or agents. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission give prompt notice of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such non-emergency repairs or maintenance needed, via email (▇▇▇▇@▇▇▇▇▇.▇▇▇) or via the Tenant Portal, and tenant shall include complete and clear information with their request. Landlord will make reasonable efforts to make necessary repairs in a reasonable timeframe. If Tenant is given to Landlord by Tenant. Except as provided in Article 22 hereofexperiencing an emergency, there shall be no abatement for example, lack 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 repairsheat during freezing temperatures, alterations or improvements in or to any portion of the Building or the Premisesflooding, or in or sewer back up, Landlord will attempt to fixtures, appurtenances and equipment thereinmake necessary repairs within one business day. Tenant waives must report all emergency repairs by calling the right Landlord’s office line at G70-41G-8881. If outside of business hours Tenant will be directed to make on-call support. Because on-call coverage rotates, always call Landlord’s office line first rather than saving a technician’s cell phone number. Scheduling repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based may take longer than times noted above depending upon the nature of the required work)issue, then availability of materials, availability of labor, etc. Resetting a circuit breaker, resetting a garbage disposal, resetting GFCI outlets, and similar actions that can be reasonably performed by Tenant without assistance, shall be the responsibility of Tenant prior to contacting Landlord for maintenance. Burned out light bulbs shall be promptly replaced by Tenant at Tenant’s expense with the proper size, type and wattage bulb. Tenant is not authorized to conduct any structural repairs or any cosmetic repairs that would permanently alter the appearance of the Premises in any manner. Tenant agrees that, except for any window being noted as cracked or broken on the Move-In Checklist, Tenant shall reimburse Landlord the cost to repair or replace any window that becomes cracked or broken during the Lease term. Tenants shall be permitted responsible for damages to the Premises caused by theft, break-ins, accidents or unexplained events of the Premises. Tenants shall pay for any extermination costs for any pests, except as required by applicable law. Landlord reserves the right to charge a fee for any request made by Tenant for the repair of any item that Landlord determines was not a reasonable or necessary request. Tenant shall not incur any liabilities or expenses chargeable to Landlord. Tenant must make arrangements to provide access to the Premises to all persons whose entry is reasonably required to make such any repairs to the Premises. Prior to entry, ▇▇▇▇▇▇ must move all personal property from, and clean, the area where the repairs will be made as reasonably necessary to complete the repairs. . Tenant must remove or kennel unfriendly animals, or animals that will impede completion of repairs. If a repair person retained by ▇▇▇▇▇▇▇▇ is unable to enter or access the Premises, is unable to complete the repairs, using contractors reasonably approved or is delayed in completing the repairs due to Tenant’s failure to perform any obligations stated in this Section, Tenant shall pay any charge incurred by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends including time and mileage and/or cost to undertake such cancel or reschedule the repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Sources: Rental Agreement
Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. .* Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear war and tear excepted. Tenant shall shall, upon the expiration or sooner of earlier termination of this Lease the term hereof or any renewal or extension thereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as may be specifically provided in an addendum, if any, to this Leaseaddendum hereto, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically set forth herein set forthor in any addendum hereto.
B. (b) Notwithstanding the provisions of Article 11.8
A. hereinabove, (a) Landlord shall repair and maintain the structural portions portion of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Except as provided in Article 19 hereof, there shall be no abatement of rent and no liability of Landlord shall not be liable (i) for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord or (ii) by reason of or any injury to or interference with Tenant's business arising from the making of any __________________ * Upon occupancy, Tenant and Building Manager shall inspect the Premises to determine if the tenant finish is substantially complete per the attached floor plan and establish a list of items, if any, remaining to be finished. repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right right, under any law, statue, or ordinance now or hereafter in effect, to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensexpense.
Appears in 1 contract
Sources: Office Building Lease (Vialog Corp)
Repairs. A. By taking possession Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the Premisesnecessity thereof, Tenant Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be deemed to have accepted the Premises as being in goodmaintained and repaired by Tenant); provided, sanitary orderhowever, condition and repair. Tenant shallthat Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant, or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and every part thereof repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.all
Appears in 1 contract
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof thereof, in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of Article 1111 .
A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. , Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Sources: Office Building Lease (Qt 5 Inc)
Repairs. A. a. By taking possession of the Premisesentry hereunder, Tenant shall be deemed to have accepted Tena▇▇ ▇▇▇epts the Premises as being in good, good and sanitary order, condition and repair. Subject to Paragraph 23 hereof. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, normal wear and tear excepted, and shall, when and if needed, at Tenant's sole cost and expense, keep make all repairs to the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedthereof. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof the term hereof, surrender the Premises to the Landlord in good conditionthe same condition as when received, usual and ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the party thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises Premises, the building, the Project or the Building Common Area except as specifically herein set forth.
B. Notwithstanding b. Anything contained in Paragraph 15a above to the provisions of Article 11.
A. hereinabovecontrary notwithstanding, Landlord shall repair and maintain the structural portions of the Buildingbuilding and the plumbing, including the basic plumbingheating, ventilating, air conditioning, heating elevator and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault neglect or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 Paragraph 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business Tena▇▇'▇ ▇usiness arising from the making of any repairs, alterations or improvements in or to any portion of the Building building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Sources: Office Building Lease (Stac Inc)
Repairs. A. By taking possession (a) Subject to the provisions of Paragraphs 9 and 58 of this lease, during the full term of this lease, Landlord shall make all structural repairs to the Demised Premises, Tenant except those which shall be deemed to have accepted been occasioned by the Premises as being in goodacts of omission or commission of Tenant, sanitary orderits agents, condition and repair. Tenant shallemployees or invitees, which repairs Landlord shall make at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises Structural repairs are hereby defined to be repairs to the Landlord in good conditionroof supports, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendumbearing walls, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed foundation and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairssteel. Landlord shall not be liable for any failure perform all maintenance and repair work with reasonable diligence and in a workmanlike manner and agrees to make any such repairs or use commercially reasonable efforts to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or minimize interference with Tenant's business arising from operations at the making Demised Premises. Except for Landlord's obligations specifically set forth in this Paragraph 48, Tenant shall, at its own cost and expense, keep the Demised Premises in good condition, repair and appearance at all times throughout the term of any repairsthis lease including, alterations or improvements in or to any portion without limitation, (i) maintenance, repair and replacement of the Building or electrical, plumbing, sprinkler, heating, air conditioning, ventilation, life safety and all other mechanical systems servicing the Demised Premises; (ii) regularly-scheduled cleaning and maintenance of the interior of the Demised Premises; (iii) the maintenance, or in or to fixturesrepair and replacement of all windows, appurtenances doors and equipment therein. Tenant waives plate glass; and (iv) maintenance, repair and replacement of the right to make repairs at Landlord's expense under any lawroof, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord other than with respect to the roof area described in Paragraph 47 above and the roof supports described in this Paragraph 48(a). Tenant shall at all times obtain and keep in full force and effect for the benefit of Landlord and Tenant with a responsible company doing business in Suffolk County a service, repair and maintenance contract with respect to the heating, ventilating and air conditioning systems servicing the Demised Premises. A copy of such contract and renewals thereof shall, upon issuance and thereafter not later than ten (10) days prior to expiration, be furnished to Landlord together with evidence of payment.
(b) Notwithstanding anything to the contrary contained in this lease, if there exists the need for a repair in the Demised Premises pursuant for which Landlord is responsible hereunder (other than an Emergency Repair [as hereinafter defined] or an Immediate Repair [as hereinafter defined]), and Landlord has failed to this Paragrapheither (i) commence and diligently pursue the completion of such repair, or (ii) deliver written notice to Tenant disputing the necessity of, or Landlord's responsibility for, the subject repair (either such action being herein referred to as a "Landlord Repair Response"), within thirty (30) days after Landlord receives Tenant's following written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work)thereof by Tenant, then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided may deliver a five (i) Tenant first gives Landlord an additional two (25) business days' prior written day notice indicating that Tenant intends of Tenant's intention to undertake such repair, and arrange for the performance of the subject repair for the account of Landlord. lf there has still not occurred a Landlord Repair Response by the expiration of the aforementioned five (ii) Landlord fails to commence such repair within such two (25) business day period. If , then Tenant performs any may arrange for the performance of the subject repair as permitted under this Paragraph, and Landlord agrees to shall promptly reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any offout-set rights against rent or any other amounts payable of-pocket expenses incurred by Tenant under in connection therewith. However, Tenant acknowledges and agrees that (y) the exercise by Tenant of the foregoing self-help right shall be limited to the boundaries of the Demised Premises only or, subject to the further restrictions set forth in subsection (z) below, those portions of the Building which Tenant is entitled to use pursuant to this Leaselease or which materially adversely affects Tenant's access to and use of the Demised Premises, and (z) if any aspect(s) of the repair or restoration work would affect, touch or concern the Building systems or the common areas and/or exterior portions of the Building, then Tenant shall only engage a subcontractor(s) approved by Landlord for the performance of the subject work. Any For purposes of this Paragraph 48(b) only, the term "Emergency Repair" shall mean and refer to any repair work done by which, if not promptly performed, will likely result in imminent material harm to persons and/or personal property. In the event an Emergency Repair is necessary, Tenant shall be done in accordance with permitted to immediately perform the provisions Emergency Repair, as set forth herein, without notice to Landlord. For purposes of this LeaseParagraph 48(b) only, including without limitationthe term "Immediate Repair" shall mean and refer to any repair which, Paragraph 12if not promptly performed, keeping will materially and adversely affect Tenant's normal use and occupancy of the premises free Demised Premises. In the event an Immediate Repair is necessary, Tenant shall be permitted to perform the Immediate Repair, as set forth herein, in the event Landlord has failed to commence such Immediate Repair within three (3) business days of written notice from liensTenant of the need for such Immediate Repair.
Appears in 1 contract
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. a. Tenant shall, at Tenant's its sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, b. Landlord shall repair and maintain the structural portions of the Building, including the roof, basic plumbing, air conditioning, heating heating, and electrical and sprinkler systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be 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 an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as specifically provided in Article 22 hereofParagraph 21 below regarding reconstruction after a casualty, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Except as provided in Paragraph 10 c and Paragraph 10 d below, Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including effect.
c. Notwithstanding the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, howeverforegoing, if Landlord fails to make any repairs or to perform any repair work maintenance required of Landlord with respect to the Premises pursuant to this Paragraphhereunder and within Landlord’s reasonable control, within thirty and such failure shall persist for an unreasonable time (30not less than fifteen (15) days days) after Landlord receives Tenant's written notice of the need for such repair (repairs or maintenance is given to Landlord and unless Landlord has commenced such repairs or maintenance during such period of time and is diligently pursuing the same, Tenant may (but shall not be required to) following a second notice (which notice shall have a heading in excess of thirty at least 12-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (305) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs after receipt of such repair performed by Tenantsecond notice, but without any off-set rights against rent perform such repairs or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done maintenance in accordance with the provisions of this LeaseLease governing Tenant’s repairs and Alterations and Tenant shall be entitled to offset all third party costs and expenses incurred by Tenant therefor against the next monthly installment of Rent, including without limitationprovided Tenant delivers to Landlord appropriate invoices and back-up documentation regarding such costs and expenses.
d. Notwithstanding any of the foregoing, Paragraph 12in the event of an emergency involving imminent threat to life or substantial property damage, keeping which shall include potential damage to Tenant’s growing laboratories for plants and Tenant’s computer systems, Tenant shall be permitted to proceed, at Tenant’s option, to repair or otherwise rectify such imminent threat and Tenant shall be entitled to offset all third party costs and expenses incurred by Tenant therefor against the premises free from liensnext monthly installment of Rent.
Appears in 1 contract
Repairs. A. By taking possession 10.1 Landlord shall not be required to make any repairs or replacements of any kind or character on the Premises during the Lease Term except repairs to the exterior walls, corridors, window, roof and other structural elements and equipment of the PremisesBuilding, Tenant shall be deemed to have accepted the Premises as being except when such repairs are caused by fire or other casualty, in goodwhich event, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove13 shall govern and control. Landlord shall not be responsible for termite, or other insect, or vermin eradication. Subject to the provisions of any waiver contained in Section 12.2, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and not be required to make any repairs are caused in part or in whole occasioned by the act, neglect, fault acts or omission negligence of any duty by the Tenant, its agents, servantsemployees, employees or contractors and invitees, in which case . Tenant shall pay give immediate written notice to Landlord of the reasonable cost of such maintenance need for repairs or corrections and repairs. Landlord shall not be liable for any failure have a reasonable time to make any such repairs or corrections. ▇▇▇▇▇▇▇▇'s liability hereunder shall be limited to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need cost of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment thereincorrections. Tenant waives the provisions of any law permitting Tenant the right to make repairs and deduct the expense of such repairs from the rent due under the lease.
10.2 Landlord may, at Landlord's its option and at the cost and expense under of Tenant, repair or replace any law, statute damage or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect injury done to the Premises pursuant to this ParagraphBuilding or any part thereof, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed caused by Tenant, but without any off-set rights against rent its agents, employees, contractors or any other amounts payable by Tenant under this Leaseinvitees. Any repair work done by Tenant shall be done pay such costs, plus an administrative fee equal to fifteen percent (15%) of the costs, to Landlord on the next date an installment of Base Rental is due following notice from Landlord of the costs. ▇▇▇▇▇▇ further agrees throughout the Lease Term to maintain and keep the interior of the Premises in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensgood repair and condition at Tenant's expense.
Appears in 1 contract
Sources: Office Lease (Phymed Inc)
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof; surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendumherein, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, b. Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses as provided in Article 7 hereof. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives shall waive the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Sources: Office Building Lease (Colorado Business Bankshares Inc)
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Sources: Office Building Lease (Ambassadors International Inc)
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. a. Tenant shall, at Tenant's its sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, b. Landlord shall repair and maintain the structural portions of the Building, including the roof, basic plumbing, air conditioning, heating heating, and electrical and sprinkler systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses, except as otherwise provided herein. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Tenant Except as specifically provided in Article 22 hereofParagraph 21 below regarding reconstruction after a casualty, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Except in the event of an emergency involving imminent threat to life or substantial property damage, Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including effect.
c. Notwithstanding the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, howeverforegoing, if Landlord fails to make any repairs or to perform any repair work maintenance required of Landlord with respect to the Premises pursuant to this Paragraphhereunder and within Landlord’s reasonable control, within and such failure shall persist for an unreasonable time (not less than thirty (30) days days) after Landlord receives Tenant's written notice of the need for such repair (repairs or maintenance is given to Landlord and unless Landlord has commenced such repairs or maintenance during such period of time and is diligently pursuing the same, Tenant may (but shall not be required to) following a second notice (which notice shall have a heading in excess of thirty at least 12-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (305) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs after receipt of such repair performed by Tenantsecond notice, but without any off-set rights against rent perform such repairs or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done maintenance in accordance with the provisions of this LeaseLease governing Tenant’s repairs and Alterations and Tenant shall be entitled to offset all third party costs and expenses incurred by Tenant therefor against the next monthly installment of Base Rent, including without limitation, Paragraph 12, keeping the premises free from liensprovided Tenant delivers to Landlord appropriate invoices and back-up documentation regarding such costs and expenses.
Appears in 1 contract
Sources: Lease (Signal Genetics, Inc.)
Repairs. A. By taking possession of the Premises14.1 Except as otherwise provided in Article 14.2, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the non-structural portions of the Premises and every part thereof in good condition and repair, including the maintenance, cleaning and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear all interior glass panels and tear exceptedpartitions. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building Premises, except as specifically herein set forth.
B. Notwithstanding forth in this Lease. Tenant shall, subject to the provisions of Article 1113.3, upon the expiration of the Term, surrender the Premises to Landlord in the same condition as received, ordinary wear and tear and casualty damage excepted. At the expiration of the Term, Tenant shall remove all trash and rubbish from the Premises and return the Premises in broom clean condition.
A. hereinabove14.2 Notwithstanding anything to the contrary contained in Article 14.1, and subject to Article 14.3, and Tenan▇'▇ ▇▇ligation to pay Expense Rent pursuant to Article 5, Landlord shall repair and maintain the common areas, the structural portions of the BuildingBuilding and the structural portion of the Premises, if any, and all building systems, including the basic plumbing, air conditioning, heating conditioning and electrical systems installed or furnished by Landlord unless Landlord. To the extent such maintenance and repairs are caused in part or in whole repair is necessitated by the act, neglect, fault of or omission of any duty by the Tenant, its agents, servants, employees employees, licensees, or invitees, in which case Tenant shall pay to Landlord Landlord, upon receipt of written notice thereof, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an any unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by TenantTenant and Landlord has not commenced to make the repair or perform the maintenance within thirty (30) days. Except as provided in Article 22 21 hereof, and so long as Landlord is making reasonable efforts to minimize interference, there shall be no abatement of rent and no liability of Landlord by reason of any injury to to, or interference with Tenant's business with, Tenan▇'▇ ▇▇siness arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, . Tenan▇ ▇▇▇▇es that the Premises described herein do not constitute a "Dwelling Unit" or "Dwelling" as the term is used in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect Section 1940 et seq. Notwithstanding anything to the Premises pursuant contrary in the Lease, Landlord shall perform all such repair and maintenance required to this Paragraph, be performed by Landlord within thirty (30) days after Landlord receives Tenant's receipt of written notice of from Tenant describing the need for such repair (or such period of time work, unless the defect constitutes an emergency, in excess of thirty (30) days which case Landlord shall cure the defect as is reasonably necessary based upon quickly as possible. Notwithstanding anything to the nature contrary contained in this Lease, if Landlord shall fail to perform any of the required work)terms, provisions, covenants or conditions to be performed or complied with by Landlord pursuant to this Lease after expiration of all applicable notice and cure periods for Landlord's and any mortgagee's benefit as set forth in the Lease, then Tenant shall be permitted may, at Tenant's option without any obligation to make such repairsdo so, using contractors reasonably approved by after delivery of an additional written notice to Landlord, provided perform any such term, provision, covenant, or condition. If Tenant so performs any of Landlord's obligations hereunder, the amount of the reasonable and actual cost and expense incurred by Tenant shall immediately be owing by Landlord to Tenant, and Landlord shall promptly pay to Tenant upon demand the a reasonable undisputed amount thereof with interest thereon from the date of payment at the greater of (i) Tenant first gives Landlord an additional two ten percent (210%) business days' prior written notice indicating that Tenant intends to undertake such repairper annum, and or (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as the highest rate permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensapplicable law.
Appears in 1 contract
Sources: Valuation and Qualifying Accounts (Syncor International Corp /De/)
Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repairrepair except as noted in 9(a) (2) above. Tenant shall, at Tenant's sole cost and expense, keep the %he Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with repair, ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner voluntary or involuntary termination of this Lease hereof Lease, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided If the Premises are not returned in an addendum, if any, to this Leasegood condition, Landlord shall have no obligation whatsoever be entitled to alterpass on a reasonable charge, remodelin an amount equal to the actual cost of any cleaning, improve, repair, decorate or paint repairing and replacing necessary to restore the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that to good condition, so long as Landlord has made no representations to Tenant respecting provided the condition of the Premises or the Building except as specifically herein set forthwork called for in 9(a) (2) above.
B. (b) Notwithstanding the provisions of Article 11.
A. hereinaboveforegoing, Landlord shall repair at its sole cost and maintain expense be responsible for any repairs, maintenance and replacement in the structural portions of the Building, including the basic plumbingstructural portions of the roof (defined as supporting columns, air conditioningwalls, heating joists and electrical systems installed or furnished by Landlord decking) and exterior walls, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or employees, and invitees, in which case the Tenant shall pay to Landlord the reasonable at Tenant's sole cost of such maintenance and repairs. Landlord shall not be liable for any failure to expense, make any such repairs or and replacements as are necessary to perform any maintenance unless maintain such failure shall persist structural portions in a good condition.
(c) Tenant shall, at Tenant's expense be responsible for an unreasonable time after written notice making repairs and maintaining, in addition to those required under paragraph 6(c)(ii), the electrical systems of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent Building 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 built-up portion of the Building or the Premisesroof (which shall be limited to shingles, felt, tar, insulating materials, asphalt and gravel components, layered membranes, or in or to fixtures, appurtenances and equipment thereinother similar non-structural roofing systems). Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to may inspect the Premises pursuant from time to time to determine whether Tenant has performed the obligations in this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.paragraph 10
Appears in 1 contract
Sources: Lease (Visual Numerics Inc)
Repairs. A. By taking possession (a) Tenant shall, at its own cost and expense, keep in good repair all portions of the Premises, including but not limited to glass and plate glass doors, any special store front, interior walls and finish work, floors and floor coverings, and supplemental or special heating and air conditioning systems owned by Tenant, and shall take good care of the Premises and its fixtures and permit no waste, except for normal wear and tear. Except as otherwise provided in this ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ shall not be obligated to repair any Building Systems (as defined in Subparagraph 7(a)). Notwithstanding any provision to the contrary, all damage or injury to the Building, or to its fixtures and appurtenances (including Building Systems), resulting from any act or omission of, or Alterations made by Tenant or persons within Tenant's control shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. repaired by Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond expense to the reasonable control satisfaction of Tenant with ordinary wear Landlord if the required repairs are non-structural in nature and tear excepteddo not affect any Building Systems or by Landlord at Tenant's sole cost and expense if the required repairs are structural in nature or affect any Building Systems. If Tenant shall upon fail, after ten (10) days notice (or such shorter period as may be required because of an emergency) to proceed with due diligence to make required repairs, the expiration or sooner termination of this Lease hereof surrender same may be made by Landlord, and the Premises to expenses incurred with interest at the Landlord in good conditionApplicable Rate (as defined below), ordinary wear and tear and damage from causes beyond the reasonable control of Tenant exceptedshall be paid as Additional Rent within ten (10) days after demand. Except as specifically otherwise provided in an addendumthis Subparagraph 6(a), if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure required to make any repairs or improvements to the Premises, other than structural, mechanical or electrical repairs necessary for safety and tenantability, and such repairs or shall be made during Business Hours.
(b) Landlord shall operate, maintain and make all necessary repairs to perform any maintenance unless such failure shall persist for an unreasonable time after written notice the Building Systems and the public portions of the need Building in conformance with standards applicable to non-institutional, office buildings in Atlanta, except for those repairs for which Tenant is responsible pursuant to this Lease. Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall perform such repairs or maintenance is given to Landlord by Tenantwork during Business Hours. Except as expressly provided in Article 22 hereofthis Lease, there shall be no abatement allowance to Tenant for a diminution of rent rental value and no liability on the part of Landlord by reason of any for inconvenience, annoyance or injury to or interference with Tenant's business arising from the making of Landlord, Tenant or others making, or failing to make, any repairs, alterations alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to its fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensequipment.
Appears in 1 contract
Repairs. A. By taking possession Tenant, after the commencement of the Premisesterm of this Lease, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and its own expense, keep maintain the Premises and every part thereof in as good condition and repair damage thereto from causes beyond as the Premises were upon the commencement of this term, except for (1) reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon use during the expiration or sooner termination term of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that extension thereof, (2) structural repairs (3) repairs required to be made by Landlord has made no representations pursuant to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinaboveparagraphs D and K of this Lease, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and (4) repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord made necessary by reason of any injury to fire or interference with Tenant's business arising from other casualty, or by the making of any repairs, alterations negligent acts or omissions by Landlord or is agents or (5) as otherwise specifically provided for in this Lease. U. DESTRUCTION OR DAMAGE BY FIRE OR OTHER HAZARDS. The parties hereto agree that if the improvements in erected or to any portion be erected upon the Premises are partially or totally destroyed or damaged by fire or other hazard then Landlord shall promptly provide Tenant with an estimated time frame for completion of the Building or restoration and promptly repair and restore such improvements as soon as it is reasonably practical to restore them so that they are restored substantially to the Premisesprior existing condition, or in or subject to fixturessuch changes as Tenant may reasonably require, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if that such changes will not increase the cost of restoration unless Tenant agrees to pay for such increased cost. Due allowance, however, shall be made for reasonable time necessary for Landlord fails to perform any repair work required of Landlord adjust the loss with respect to the insurance companies insuring the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice at the time of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature happening of the required work)fire or the casualty, then Tenant but in no event shall be permitted such adjustment result in Landlord not being obligated to make such repairsrestoration, using contractors reasonably approved and in any event the restoration must commence within 45 days after the happening of such fire or other casualty, and the completion thereof must be pursued diligently after such fire, casualty, or disaster with reasonable allowance made for delay occasioned by strike, lockouts, or conditions beyond the control of Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairbut in any event, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for said restoration must be completed on or before one year after the reasonable, actual and documented costs happening of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.fire
Appears in 1 contract
Sources: Commercial Lease (Intuit Inc)
Repairs. A. By taking possession Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the Premisesnecessity thereof, Tenant Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be deemed to have accepted the Premises as being in goodmaintained and repaired by Tenant); provided, sanitary orderhowever, condition and repair. Tenant shallthat Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and every part thereof repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear all structural and tear exceptedexterior work done or installed by Tenant. Tenant shall upon the expiration not permit any waste, damage or sooner termination of this Lease hereof surrender injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the Landlord roof for the purpose of implementation of any repairs or improvements. Tenant shall in good condition, ordinary wear and tear and damage from causes beyond no event perforate or do any work on or affecting the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition roof of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at without Landlord's expense under any lawprior written consent and if consented to, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using only use contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate decorate, or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the this condition of the Premises or the Building except as specifically herein set forth.
B. (b) Notwithstanding the provisions provision of Article 11.13
A. (a) hereinabove, Landlord shall repair and maintain the structural portions of the Building, Building including the basic plumbing, air conditioning, heating heating, and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided provide in Article 22 24 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Sources: Office Building Lease (Sycamore Park Convalescent Hospital)
Repairs. A. By taking possession Landlord shall make, at its sole cost and expense, all repairs necessary to maintain the plumbing, air conditioning and electrical systems, windows, floors, and all other items which constitute a part of the PremisesLeased Space and are installed or furnished by Landlord as well as repairs necessary to maintain the roof, exterior walls, parking lot, grounds, site lighting and common areas; 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 from Tenant that such repair is needed, except roof defects resulting in damage to the Leased Space in which case all repairs shall be expedited. In no event shall Landlord be obligated to repair any damage caused by any act, omission or negligence of the Tenant or its employees, agents, invitees, licensees, subtenants, or contractors and Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, solely liable for such repairs at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding Except as the provisions 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 fails to diligently prosecute the same to completion, after written notice from Landlord of Article 11the need therefor, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. C. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations alterations, additions or improvements in or to any portion of the Leased Space or the Building or the Premises, to any appurtenances or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonableuse its best efforts to avoid all such interference, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent damage or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensinjury.
Appears in 1 contract
Sources: Lease Agreement (Healthdrive Corp)
Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease term hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. (b) Notwithstanding the foregoing provisions of this Article 11.
A. hereinabove1 1, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure materially and adversely affects Tenant's possession and shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to terminate this Lease in the event of any failure to make repairs or maintenance and the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. In addition, Tenant shall is responsible for causing the parking areas, driveways, alleys and grounds surrounding the Premises to be maintained in a good, neat, clean and sanitary condition, which includes without limitation (1) promptly making all necessary repairs and replacements thereto, (2) repaving of the parking areas associated with the Premises, (3) maintenance and replacement of all grass, shrubbery and other landscape treatments surrounding the Premises, (4) maintenance and repainting of the exterior of he Premises, (5) sewage line plumbing, and (6) any other maintenance items normally associated with the foregoing. Tenant shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding b. Tenant, at its own cost and expenses, shall cause to be performed, in accordance with standards reasonably suitable to Landlord, regularly scheduled preventive maintenance and services on all hot water, heating and air conditioning systems and equipment within the provisions Premises. Such maintenance and services, of Article 11the new systems to be installed, must include all service suggested by the equipment manufacturers in their operations/maintenance manuals and must become effective within thirty (30) days of the date Tenant takes possession of the Premises. If Tenant fails, with any reasonable time, to perform Tenant's maintenance, repair and replacement obligations and any other items that are otherwise its obligations under the terms of this Lease, then Landlord reserves the right to perform such obligations and require reimbursement from Tenant upon demand.
A. hereinabove, c. Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord Building unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses as provided in Article 7 hereof. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Sources: Lease (Exabyte Corp /De/)
Repairs. A. By taking possession Landlord shall, throughout the Term, maintain and repair the basic structure and public portions of the PremisesBuilding, Tenant both exterior and interior, including (without limitation), all load bearing walls and the roof and all plate glass. Landlord shall be deemed insure, light, repair, keep and otherwise maintain all portions of the public lobby and stairways within the Building and the sidewalks, parking areas, curbs, passageways, and boardwalk areas adjoining or appurtenant to have accepted the Premises as being in good, sanitary order, condition and repairBuilding. Tenant shall, throughout the Term, take good care of the interior of the Demised Premises and Tenant's fixtures and appurtenances therein and at Tenant's cost and expense, shall make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty excepted. Notwith- standing the foregoing, all damage or injury to the Demised Premises or to any other part of the Building, including plate glass, or to the Building's fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, proximately caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's invitees, clients or licensees, shall be repaired promptly by Tenant at Tenant's sole cost and expense, keep to the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control satisfaction of Tenant with ordinary wear and tear exceptedLandlord. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises also promptly repair all damage to the Building and the Demised Premises proximately caused by the moving of Tenant's fixtures, furniture or equipment. All repairs by Tenant shall be of quality or class equal to the original work or construction. If Tenant fails after ten (10) business days' written notice to proceed with due diligence to make any repairs required to be made by Tenant hereunder, the same may be made by Landlord in good condition, ordinary wear and tear and damage from causes beyond at the reasonable control expense of Tenant exceptedand such expense shall be collectible as Additional Rent hereunder immediately upon rendition of a ▇▇▇▇ or statement thereof. Except as specifically provided Tenant shall deliver to Landlord prompt notice of any defective condition in an addendumany plumbing, if anyHVAC system or electrical lines located in, to this Leaseservicing or passing through the Demised Premises and following such notice, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting remedy the condition with reasonable diligence but at the expense of Tenant if the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part necessitated by damage or in whole by the act, neglect, fault or omission of any duty by the injury attributable to Tenant, its agentsor to Tenant's clients, servants, employees invitees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairslicensees. Landlord shall not be liable pay for all repairs necessitated or caused by damage or injury attributable to Landlord, Landlord's servants, agents, employees and contractors. Landlord shall assign to Tenant all warranties or guaranties applicable to Landlord's Work which are assignable, to the extent Tenant has any failure to make any such repairs responsibilities in connection with the warrantied or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenantguaranteed work. Except as provided in Article 22 hereof, there There shall be no abatement allowance to Tenant for a diminution of rent rental value and no liability on the part of Landlord by reason of any inconvenience, annoyance or injury to or interference with Tenant's business arising from the Landlord making of or failing to make any repairs, alterations alterations, additions or improvements in or to any portion of the Building or the Premises, Demised Premises or in or and to the fixtures, appurtenances and or equipment therein. thereof provided that Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of is not materially inconvenienced thereby for a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty ten (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (210) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, order condition and repair. .Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. .Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. excepted Except as specifically provided in an addendumaddendum to this Lease, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. (b) Notwithstanding the provisions of Article 11.
A. hereinabovel2 a.herein above, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. .Except as provided in Article 22 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's T▇▇▇▇▇’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. .Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including effect.Landlord shall maintain the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of building in a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord manner which is commensurate with respect to other comparable buildings in the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensCarlsbad Palomar Airport Class “A” office market.
Appears in 1 contract
Sources: Office Building Lease (Southwest Community Bancorp)
Repairs. A. 11A. By taking possession of the Premisesentry hereunder, Tenant shall be deemed to have accepted the Premises as being in good, good sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond including without limitation, the reasonable control maintenance, replacement and repair of Tenant with ordinary wear any storefront, doors, windows casements, glazing, heating and tear exceptedair-conditioning system (when there is an air-conditioning system). Tenant shall obtain a service contract for repairs and maintenance of said system, said maintenance contract to conform to the requirements under the warranty, if any, on said system), plumbing, pipes, electrical wiring and conduits. Tenant shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, Any damage to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition adjacent premises caused by Tenant's use of the Premises or shall be repaired at the Building except as specifically herein set forth.
B. sole cost and expense of Tenant. 11B. Notwithstanding the provisions of Article 11.
A. hereinabove11A herein- above, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbingexterior walls and roof, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees employees, invitee, or inviteesany damage caused by breaking and entering, in which case Tenant shall pay to Landlord the reasonable actual cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 25 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Repairs. A. a. By taking possession of the Premisespremises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of or Article 11.
A. 11.a, hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, repairs alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Repairs. A. a. By taking possession of the Premises, Tenant shall be he deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage damage, from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of Article 11.
A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. , Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Sources: Lease Agreement (Sionix Corp)
Repairs. A. (Page -6- Office Building Lease)
a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. b. Notwithstanding the provisions of Article 11.
A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. *Except latent defects.
B. b. Notwithstanding the provisions of Article 11.
A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. *Except Landlords gross negligence or willful misconduct or breach of contract of Landlord, Landlord's agent or contractor. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Sources: Office Lease (Portal Software Inc)
Repairs. A. By taking possession SECTION 1. Lessor shall keep the foundations, exterior walls (except plate glass or glass or other breakable materials used in structural portions) roof, and sprinklers in good repair.
SECTION 2. Lessee shall contract for the maintenance of mechanical equipment. The Lessee shall replace any hot water heater as the need should arise with the same type and quality servicing the Leased Premises. The Lessor shall replace, as needed, the heating and air conditioning equipment, provided the unit has been serviced annually. Lessee will be entitled to apply any benefits which Lessor may have under any warranties on such mechanical systems either by assignment of such warranties to Lessee or through cooperation of Lessor and Lessee in making claims under such warranties. Lessor shall have the option to elect whether to assign warranties or participate in making claims.
SECTION 3. Lessor shall not be liable for failure to keep the Leased Premises in repair, unless notice of the Premisesneed for repairs has been given Lessor, Tenant shall be deemed to have accepted after the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises same has come to the Landlord in good conditionexplicit attention of Lessee, ordinary wear a reasonable time has elapsed and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, Lessor has failed to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless make such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord Lessor shall not be liable for any damage done or occasioned by or from the electrical system, the heating and/or air conditioning system, the plumbing and sewer system in, above, upon or about the Leased Premises nor for damage occasioned by water, snow or ice being upon or coming through the roof, walls, windows, doors or otherwise, unless such damages are a result of Lessor's negligence or intentional misconduct in performance or failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenantas above provided.
SECTION 4. Except as provided in Article 22 hereofSections 1, there 2 and 3 of this Article, Lessor shall not be no abatement of rent and no liability of Landlord by reason obligated to make repairs, replacements or improvements of any injury to or interference with Tenant's business arising from the making of any repairskind upon said Leased Premises, alterations or improvements in or to any portion of the Building equipment facilities or the Premisesfixtures therein contained, or which shall at all times be kept in or to fixturesgood order, appurtenances condition and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairLessee, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraphin a clean, Landlord agrees to reimburse Tenant for the reasonable, actual sanitary and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done safe condition and in accordance with all applicable laws, ordinances and regulations of any governmental authority having jurisdiction. Lessee shall permit no waste, damage, or injury to the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensLeased Premises.
Appears in 1 contract
Repairs. A. By taking possession of the PremisesExcept for ordinary wear and as otherwise provided in this Lease, Tenant shall be deemed to have accepted at all times during the Premises as being in good, sanitary order, condition and repair. Tenant shallTerm hereof, at Tenant's its sole cost and expense, keep the Leased Premises and every part thereof in good condition order, repair and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear condition, and tear excepted. Tenant shall upon arrange with Landlord at Tenant's sole expense for the expiration prompt repair of all damages to the Leased Premises and the replacement or sooner termination repair of all damaged or broken glass (including signs thereon), fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Leased Premises), with materials equal in quality and class to the original materials damaged or broken, all repairs and replacements to be made under the supervision and with the prior written approval of Landlord, using contractors or persons designated by Landlord. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and replacements and the amount paid by Landlord for such repairs and replacements shall be deemed Additional Rent reserved under this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear due and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairspayable forthwith. Landlord and its designees may, but shall not be liable for any failure required to, enter the Leased Premises at all reasonable times to make any such repairs repairs, alterations, improvements or to perform any maintenance unless such failure additions, including, but not limited to, ducts and all other facilities for heating and air conditioning service, as Landlord shall persist desire or deem necessary for an unreasonable time after written notice the safety, preservation or improvement of the need Property, or as Landlord may be required to do by any governmental authority or court order or decree. The cost of such all repairs to the Property made necessary as a result of misuse or maintenance is given to Landlord neglect by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to Tenant or interference with Tenant's business arising from the making of any repairsemployees, alterations invitees or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (agents including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.percentage
Appears in 1 contract
Sources: Lease Amendment (SPR Inc)
Repairs. A. By taking possession a. Subject to the representations and warranties and repair obligations of the PremisesLandlord contained in this Lease, by entry hereunder, Tenant shall be deemed to have accepted accept the Premises premises as being in good, good and sanitary order, condition and repair. Tenant shall, when and if needed or whenever reasonably requested by Landlord to do so, when not resulting from natural disaster as covered by Landlord’s insurance, at Tenant's ’s sole cost and expense, keep make all repairs to the Premises and every part thereof thereof, including all windows and doors, to keep, maintain and preserve the premises in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedrepair. Tenant shall upon the expiration or sooner termination of this Lease the term hereof surrender the Premises to the Landlord in good conditionthe same conditions when received, ordinary wear and tear and casualty damages (i.e. fire, earthquake) accepted. At Lease termination, Tenant shall not be responsible for repainting walls or cleaning carpet unless damage from causes is beyond the reasonable control of Tenant exceptedthat considered normal wear and tear. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding b. Anything contained in Subparagraph 15a above to the provisions of Article 11.
A. hereinabovecontrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, Building and the premises including the basic plumbing, heating, ventilating, air conditioning, heating conditioning and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, or employees or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time (normally two days) after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect effect. Landlord also shall be responsible for repairing and maintaining in good condition and repair the common areas of the Building and the Premises. Notwithstanding anything contained in the foregoing to the contrary, in the event that, as a result of any repairs, maintenance or improvements by Landlord to the Building or the Premises, Tenant's ability to use the Premises is adversely affected for a period of two (including 2) or more business days, all rent payable hereunder shall ▇▇▇▇▇ until such time as such repairs, maintenance or improvements no longer adversely affect Tenant's use of the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature)Premises; provided, however, if Landlord fails to perform any repair work required of Landlord with respect to that no such abatement shall apply in the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make vent such repairs, using contractors reasonably approved maintenance or improvement are necessitated by LandlordTenant's negligence or willful misconduct.
c. Matters Pertaining to Toxic Mold. Whenever the terms “Hazardous Materials”, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating “Hazardous Substances”, or similar terms are used within the lease, such definitions shall include or shall mean mold and fungi of all types and conditions, whether containing toxic properties or not. Furthermore, tenant shall comply with any guidelines established by the California Department of Health Services for the prevention or remediation of mold. In addition to tenant’s obligation to prevent and remediate the existence of mold as required under this lease, tenant shall immediately notify landlord of any mold or chronic water intrusion or flood conditions that Tenant intends exist upon or within the Premises. Regardless of the cause or responsibility for the presence of mold or a chronic water intrusion or flood condition, tenant shall take all steps necessary to undertake such repairprevent the amplification of any contamination problem, and (ii) Landlord fails shall take all steps necessary to commence such repair within such two (2) business day periodprevent tenant’s employees, agents, invitees, customers, etc. If Tenant performs from becoming exposed to any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensmold condition.
Appears in 1 contract
Sources: Full Service Office Lease (Norpac Technologies, Inc.)
Repairs. A. By taking possession of the Premisesa. Except as provided by Exhibit B to this Lease, Tenant shall be deemed to have accepted accept the Premises in "as being is" condition as of the date of execution of this Lease. Tenant agrees that the Premises in such condition are in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with covered by Landlord's fire and extended coverage policy and ordinary wear and tear excepted. Tenant shall , and upon the expiration or sooner termination of this Lease hereof shall surrender the Premises to the Landlord in good condition, damage covered by Landlord's fire and extended coverage policy and ordinary wear and tear and damage from causes beyond excepted. Further, Tenant shall pay to Landlord the reasonable control cost of Tenant exceptedrepairing or replacing any interior or exterior glass panels caused in part or in whole by the act of Tenant, its agents, servants, employees or invitees. Except as specifically provided in an addendum, if any, Exhibit B to this Lease, Landlord shall have has no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.. ------------------------ Please Initial
B. b. Notwithstanding the provisions of Article 11.
A. Section 12.a. hereinabove, Landlord shall repair and maintain the roof, foundation, structural portions of the Building, including the Intrabuilding Network Cabling furnished by Landlord, and the basic plumbing, air conditioning, heating heating, elevators and electrical systems systems, installed or furnished by Landlord for the Building, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions inclusive of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Landlord's repair duties and Tenant's written right to repair. Notwithstanding anything in this Lease to the contrary, Landlord shall not in any way be liable to Tenant for failure to maintain or repair are herein specifically required of its unless Tenant has previously notified Landlord (notice shall comply with requirements of Section 30(3) of this Lease) of the need for such repair (or maintenance and repairs and Landlord has failed to commence and complete such repairs within a reasonable period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs following receipt of such repair performed by Tenantnotice, but without provided, however, any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant residual liability of Landlord shall nonetheless be done in accordance with subject to the provisions of Article 16 of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Repairs. A. By taking possession 13.01. Tenant shall, at its sole expense, keep and maintain the Premises and every part thereof (excepting common use equipment, which Landlord agrees to repair or replace pursuant to Section 5.02 unless damages are due to the neglect or intentional acts of Tenant or its agents, employees, visitors, or licensees), including interior windows, skylights, doors, plate glass, any store fronts and the interior of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, good and sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary normal wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord will, also, at its sole cost keep and maintain all utilities, fixtures, plumbing and mechanical equipment used by Tenant in good condition, ordinary order and repair normal wear and tear excepted and damage from causes beyond furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the reasonable control Premises. The standard for comparison and need of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting repair will be the condition of the Premises or at the Building except as specifically herein set forth.
B. Notwithstanding the provisions time of Article 11.
A. hereinabove, Landlord shall repair commencement of this Lease considering normal wear and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating tear and electrical systems installed or furnished all repairs will be made by a licensed and bonded contractor approved by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for unreasonably withheld or delayed.
13.02. Tenant will not make repairs to the Premises at the cost of Landlord whether by deductions of rent or otherwise, or vacate the Premises or terminate the Lease if repairs are not made. If during the Term, any failure alteration, addition or change to the Premises is required by legal authorities, Tenant, at its sole expense, shall promptly make the same. If Tenant has been requested in writing to make any repairs and Tenant has either not made the repairs within 20 days or begun such repairs if they cannot be completed within such time, Landlord reserves the right to make any such repairs not made or maintained in good condition by Tenant normal wear and tear excepted and Tenant shall reimburse Landlord for all such costs upon demand.
13.03. If repairs deemed necessary by Landlord or any government authority are not made by Tenant within the prescribed time frame as reasonably requested in writing, subject to perform any Section 38.11 hereof, Tenant shall be in default of this Lease.
13.04. Tenant shall, at its own expense, within thirty days of lease commencement, contract with a vendor acceptable to Landlord for the maintenance unless such failure shall persist for an unreasonable time after written notice service of the need of HVAC which will be furnished to the Landlord upon request. If Tenant fails to obtain and maintain such repairs or a maintenance is given to service contract Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives have the right to make repairs obtain such a maintenance service contract at Landlord's the expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Repairs. A. By taking possession of the Premises, Tenant shall be deemed TENANT agrees to:
a) immediately report to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration LANDLORD any damages or sooner termination of this Lease hereof surrender the Premises needed repairs; and
b) pay for repairs which are needed due to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control fault of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises TENANT or any part thereof once of TENANT's family, occupants, guests, licensees, invitees or agents. If TENANT or any occupant needs to send a notice or request— for example, for repairs, installations, services, ownership disclosure or security-related matter— IT MUST BE SIGNED AND PROVIDED IN WRITING to LANDLORD’s designated representative (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). LANDLORD’s written notes on TENANT’s oral request do not constitute a written request from TENANT. LANDLORD’s compliance with or responding to any oral request regarding security or any other matters does not waive the initial tenant improvements are completed strict requirement for written notices under this LEASE. TENANT must promptly notify LANDLORD in writing of: water leaks; mold; electrical problems; malfunctioning lights; broken or missing locks or latches; and other conditions that pose a hazard to property, health, or safety. LANDLORD may change or install utility lines or equipment serving the parties hereto affirm that Landlord has made no representations UNIT if the work is done reasonably without substantially increasing TENANT’s utility costs. LANDLORD may turn off equipment and interrupt utilities as needed to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs avoid property damage or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs work. If utilities malfunction or maintenance is given to Landlord are damaged by Tenantfire, water or similar cause, TENANT must notify LANDLORD’s representative immediately. Except If air conditioning or other equipment malfunctions, TENANT must notify LANDLORD’s representative as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference soon as possible on a business day. LANDLORD will act with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right customary diligence to make repairs and reconnections, taking into consideration when casualty insurance proceeds are received RENT will not ▇▇▇▇▇ in whole or in part. If LANDLORD believes in its sole judgment that damage is substantial, or that performance of needed repairs poses a danger to TENANT, LANDLORD may terminate this LEASE without liability by giving TENANT at Landlord's expense under any law, statute or ordinance now or hereafter in effect least five (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (305) days after Landlord receives Tenant's written notice of the need for such repair (notice. LANDLORD may also remove personal property if it causes a health or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day periodsafety hazard. If Tenant performs any repair as permitted under this Paragraphthe LEASE is so terminated, Landlord agrees to reimburse Tenant for the reasonableLANDLORD will refund prorated RENT and all deposits, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensless lawful deductions.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs. A. By taking possession of the Premises, Section 14.01. Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof the fixtures and appurtenances therein in good order and condition at its sole cost and repair damage thereto from causes beyond the reasonable control expense which are not Landlord’s obligations pursuant to any provision of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord and shall have commit no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of waste in the Premises or the Building except as specifically herein set forthBuilding. In addition, Tenant shall make repairs necessitated by its negligence or the negligence of its employees and guests. Tenant’s ordinary repairs shall include, without limitation, the following:
(a) any installations made by or on behalf of Tenant (excepting the Initial Alterations for a period of twelve (12) months);
(b) trade fixtures and other property belonging to Tenant.
B. Notwithstanding the provisions of Article 11.
A. hereinabove, Section 14.02. Landlord shall repair and promptly make all repairs necessary to maintain the structural portions of the Building, including the basic roof, and the Building systems (HVAC, electrical, plumbing, air conditioningmechanical, heating etc.), exterior glass, parking areas and electrical systems installed or furnished by facilities servicing the Premises in proper order, condition, and repair. Unless Landlord unless such maintenance and repairs are caused in part or in whole by has actual knowledge of the actneed for repairs, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay provide a written notice to Landlord that repairs to the reasonable cost of such maintenance and repairsPremises are needed. Landlord shall not be liable for obligated under this Article to repair any failure to make any such repairs damage caused by the negligence of Tenant, its employees or guests, subtenants, or contractors or subcontractors retained by Tenant to perform any maintenance unless such failure work on the Premises.
Section 14.03. All repairs, restorations or replacements by either party shall persist for an unreasonable time after written notice be of the need of such repairs or maintenance is given to Landlord by Tenantfirst-class quality and done in a good and workmanlike manner.
Section 14.04. Except as provided otherwise set forth in Article 22 hereofthis Lease, there shall be no abatement allowance to Tenant or diminution of rent Rent and no liability on the part of Landlord by reason of any inconvenience, annoyance or injury to or interference with Tenant's business arising from the making of any repairs, alterations alterations, additions, substitutions or improvements in or to any portion of the Building or the Premises, Premises or in or and to the fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter thereof; provided that in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make each case such repairs, using contractors reasonably approved by Landlordalterations, additions, substitutions or improvements are effected in a manner which does not cause unreasonable inconvenience to Tenant and provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating further that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair in each case all work done by Tenant shall be in connection with such repairs, alterations, additions, substitutions or improvements is done promptly in accordance a good and workmanlike manner consistent with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensa First Class Office Building.
Appears in 1 contract
Sources: Lease Agreement (Ariba Inc)
Repairs. A. By taking possession of the PremisesResident shall promptly request, Tenant shall in writing, any repairs to be deemed made to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or its fixtures, alarm devices, and other equipment that belong to Agent except in the case of emergency when oral requests for repairs to the management office will be accepted. In any part thereof once circumstance or situation which involves immediate, imminent, or substantial risk of harm or damage to property or person, their health or safety, Resident shall notify Agent immediately of such circumstances, situation, malfunction, or necessity for repair. Such circumstances may include but not be limited to malfunctions of equipment, fixtures, alarm devices, overflowing sewage, utilities (electrical shorts, gas leaks, or uncontrollable running water), smoke, fire, explosions, or any other cause. Upon Agent’s actual receipt of Resident’s written request for repairs (or upon Agent’s oral notification in case of an emergency), Agent shall act with reasonable diligence and in a commercially reasonable manner depending on the initial tenant improvements facts and circumstances in making such repairs. Refrigerator repairs are completed not considered an EMERGENCY [buy dry ice and use coolers] and contact Agent during regular business hours for repairs. Regardless of the parties hereto affirm that Landlord has made no representations extent of damage to Tenant respecting the condition of the Premises or the Building reason for any repair or any desired renovation, Agent may also upon written notice immediately terminate this Lease, if in Agent’s sole and absolute discretion, any repair or renovation would be either impractical or dangerous if Resident continued to occupy the Premises. After any request for repair by Resident, or during the making of any repair by Agent, the Lease shall continue in full force and effect and the rent shall not ▇▇▇▇▇ during any such period, except as specifically herein set forth.
B. Notwithstanding in the provisions event of Article 11.
A. hereinabovea casualty event making the Premises unfit for habitability. In the event that repairs are necessary due to the negligence of Resident, Landlord Resident shall be responsible for any and all vendor charges incurred. In the event that an appointment is scheduled with a vendor at the request of Resident and said appointment cannot be fulfilled due to an act/omission of Resident, Resident shall be responsible for any and all vendor charges incurred. In the event of any casualty, Owner shall under no circumstances be obligated to Resident for finding or paying for replacement accommodations, and for any other expense, damage, or inconvenience suffered by Resident. In making any repair or maintaining the Premises or property, Agent may temporarily turn off equipment and interrupt utilities to the Premises or property or temporarily take any additional action reasonably necessary, in Agent’s sole and absolute discretion, to affect the repair or perform the maintenance, and to avoid damage to property, the Premises, or the community all without any liability to Resident whatsoever. Resident shall not under any circumstances whatsoever either deduct from rent for any repairs or make any repair and maintain attempt to deduct the structural portions of the Buildingcost from rent owed to Agent, including the basic plumbingunless authorized by statute. Resident shall have no authority or power, air conditioningexpress or implied, heating and electrical systems installed to create or furnished by Landlord unless such maintenance and repairs are caused in part cause any mechanic’s or in whole by the actmaterial men’s lien, neglect, fault charge or omission encumbrance of any duty by kind against the TenantPremises, its agents, servants, employees the property or invitees, in which case Tenant any portion thereof. Resident shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make promptly cause any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord liens that have arisen by reason of any injury work claimed to have been undertaken by or interference with Tenant's business arising from the making of any repairsthrough Resident to be released by payment, alterations or improvements in or to any portion of the Building or the Premisesbonding, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect otherwise within fifteen (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (3015) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved request by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairAgent, and shall indemnify Agent against losses arising out of any such claim or claims (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraphincluding, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienslegal fees and costs of court).
Appears in 1 contract
Sources: Residential Rental Agreement
Repairs. A. By taking possession 13.01 Tenant shall, at its sole expense, keep and maintain the Premises and every part thereof (excepting common use equipment, which Landlord agrees to repair or replace pursuant to Section 5.02 unless damages are due to the neglect or intentional acts of Tenant or its agents, employees, visitors, or licensees), including interior windows, skylights, doors, plate glass, any store fronts and the interior of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, good and sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary normal wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord will, also, at its sole cost keep and maintain all utilities, fixtures, plumbing and mechanical equipment used by Tenant in good condition, ordinary order and repair normal wear and tear excepted and damage from causes beyond furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the reasonable control Premises. The standard for comparison and need of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting repair will be the condition of the Premises or at the Building except as specifically herein set forth.
B. Notwithstanding the provisions time of Article 11.
A. hereinabove, Landlord shall repair commencement of this Lease considering normal wear and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating tear and electrical systems installed or furnished all repairs will be made by a licensed and bonded contractor approved by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for unreasonably withheld or delayed.
13.02 Tenant will not make repairs to the Premises at the cost of Landlord whether by deductions of rent or otherwise, or vacate the Premises or terminate the Lease if repairs are not made. If during the Term, any failure alteration, addition or change to the Premises is required by legal authorities, Tenant, at its sole expense, shall promptly make the same. Landlord reserves the right to make any such repairs not made or maintained in good condition by Tenant normal wear and tear excepted and Tenant shall reimburse Landlord for all such costs upon demand.
13.03 If repairs deemed necessary by Landlord or any government authority are not made by Tenant within the prescribed time frame as requested in writing, Tenant shall be in default of this Lease.
13.04 Tenant shall, at its own expense, within thirty days of lease commencement, contract with a vendor acceptable to perform any Landlord for the maintenance unless such failure shall persist for an unreasonable time after written notice service of the need of HVAC which will be furnished to the Landlord upon request. If Tenant fails to obtain and maintain such repairs or a maintenance is given to service contract Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives have the right to make repairs obtain such a maintenance service contract at Landlord's the expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.
Appears in 1 contract
Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, good and sanitary order, condition condition, and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and from ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate decorate, or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. . Notwithstanding the provisions of Article 11.
A. hereinabove13(a), Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless the need for such maintenance and repairs are caused caused, in part or in whole whole, by the act, neglect, fault fault, or omission of any duty by the Tenant, its agents, servants, employees employees, or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof24, 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 alterations, or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances appurtenances, and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute statute, or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.
Appears in 1 contract
Sources: Lease Agreement (Synon Corp)
Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
B. (b) Notwithstanding the provisions of Article 11.9
A. (a) hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in In part or in In whole by the act, neglect, fault or omission of any duty by the Tenant, its Its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 24 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including effect, including, but not by way of limitation sections 1932, 1933, 1941, and 1942 of the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period State of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensCalifornia.
Appears in 1 contract
Repairs. A. (a) By taking possession entry hereunder with the exception of the Premisespunch list items, Tenant shall be deemed to have accepted accepts the Premises as being in good, good and sanitary order, condition and repair, reasonable wear and tear excepted. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, at Tenant's sole cost and expense, keep make all repairs to the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedthereof. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof the term hereof, surrender the Premises to the Landlord in good conditionthe same condition as when received, usual and ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall Shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building or the Common Area except as specifically herein set forth.
B. Notwithstanding (b) Anything contained in Paragraph 15(a) above to the provisions of Article 11.
A. hereinabovecontrary notwithstanding, Landlord shall repair and maintain the structural portions of the BuildingBuilding and the plumbing, including the basic plumbingheating, ventilating, air conditioning, heating elevator and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault neglect or omission of any duty by the Tenant, its agents, servants, employees employees, or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. repair Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall result in an unreasonable interference with Tenant's business or shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 Paragraph 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.
(c) Tenant's Self-Help Rights. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and Section 1942 and any successor successive sections or statutes of a similar nature); provided, however, subject to the termination rights set forth in Paragraph 23 and 24, if Landlord fails to perform any maintenance or repair work required of Landlord with respect to the Premises pursuant to this Paragraph, Subparagraph 15(b) above within thirty (30) days after Landlord receives Tenant's written ,notice of the need for such repair repairs (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required such work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord following delivery of an additional two (2) business days' prior written notice to Landlord indicating that Tenant intends to undertake will be undertaking such repairrepairs, and (ii) Tenant shall be entitled to recover from Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual reasonable and documented costs of such repair performed repairs made by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by If Tenant makes any such repairs pursuant to this Subparagraph 15(b), the performance of such repairs shall be done in accordance with the provisions of this LeaseLease including, including without limitation, Paragraph 12, keeping the premises free from liensParagraphs 14 and 16 hereof.
Appears in 1 contract