Repairs. 7.01. Tenant shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph. 7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. 7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building. 7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Sources: Sublease Agreement (Idealab)
Repairs. 7.01A. 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 its Tenant's sole cost and expense, make such repairs keep the Premises and every part thereof in good condition and repair. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the demised premises Landlord in good condition, ordinary wear and tear and damage from causes beyond the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence reasonable control of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and conditionexcepted. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in 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 Section 11.A. above, 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 allowance to Tenant for a diminution abatement of rental value rent and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant's business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Building or the demised 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 equipment thereof. 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 shall exercise reasonable diligence so as fails to minimize perform any interference repair work required of Landlord with respect to the Premises pursuant to this Section, 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 operationsdays 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 Section, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any offset rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall not be required to perform done in accordance with the same on an overtime or premium pay basisprovisions of this Lease, including without limitation, Article 12, keeping the Premises free from liens.
Appears in 1 contract
Repairs. 7.01. Tenant shall(a) Landlord shall maintain in good order and repair, at its sole cost subject to normal wear and expensetear and subject to casualty and condemnation, make such repairs the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas, the landscaped areas, the roof of the Building, the structural floor slab, the structural portions of the interior and exterior structural walls, and the base building mechanical, electrical and plumbing systems.. Notwithstanding the foregoing obligation, to the demised premises and extent not covered by insurance, the fixtures and appurtenances therein as are cost of any repairs or maintenance to the foregoing necessitated by the use, act, omission, occupancy willful misconduct or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenantits agents, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereofcontractors, all damage employees, licensees, subtenants or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other propertyassigns, shall be repaired, restored or replaced promptly borne solely by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid deemed Rent hereunder and shall be reimbursed by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesupon demand. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform make any repairs or improvements to the Demised Premises except for any initial improvements to the Demised Premises pursuant to the provisions of Exhibit "D" and except structural ----------- repairs necessary for safety and tenantability.
(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same on an overtime in good condition and repair, except for normal wear and tear, using contractors and subcontractors selected by Tenant and approved by Landlord. Tenant shall at once report, in writing, to Landlord any defective or premium pay basisdangerous condition known to Tenant. To the fullest extent permitted by law, Tenant shall not make repairs at the expense of Landlord or in lieu thereof vacate the Demised Premises notwithstanding any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Repairs. 7.01. During the Lease term, Tenant shallshall make, at its sole cost and Tenant's expense, make such all necessary repairs to the demised premises and the fixtures and appurtenances therein Leased space. Repairs shall include such items as are necessitated by the useroutine repairs of floors, actwalls, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premisesceilings, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building Leased space damaged or worn through normal occupancy. Landlord agrees to maintain in good condition, and demised repair as necessary the foundations, exterior walls and the roof of the Premises, and major mechanical systems, subject to the obligations of the parties otherwise set forth in this Lease. Alterations and Improvements Tenant, at Tenant's expense, shall have the right, upon obtaining Landlord's written consent, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased space from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased space, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased space by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that Tenant shall repair, at Tenant's expense, all damage to the Leased space caused by such removal. Landlord shall be under no obligation pay, prior to endeavor delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased space, and all personal property taxes with respect to reduce such vibrationLandlord's personal property, noiseif any, heat or cold beyond what is customary in current good building practice for buildings of on the same type as the Building.
7.04Leased space. Except as otherwise specifically provided in this Lease, there Tenant shall be no allowance responsible for paying all personal property taxes with respect to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform personal property at the same on an overtime or premium pay basisLeased space.
Appears in 1 contract
Sources: Commercial Lease Agreement
Repairs. 7.01. Tenant shall, The LESSEE shall at its sole cost own expense maintain the leased premises in good order and expenserepair. The LESSEE shall be responsible for the repair of all locks, make such repairs electrical switches and similar installations turned over to the demised LESSEE for its use, excepting any damage to any such installations resulting from any structural defect of the leased premises or of the building itself. When the leased premises are returned, such locks, electrical switches and other installations must be intact and in good order, reasonable ordinary wear and tear excluded. The repair of any breakage of glass materials or other breakable parts within the fixtures and appurtenances therein as are necessitated leased premises shall likewise be the responsibility of the LESSEE, if caused by the use, act, omission, occupancy misconduct or negligence of Tenant the LESSEE, or its employees, visitors, agents or representatives, otherwise, such breakage shall be for the account of the LESSOR. Subject to the provisions of the preceding paragraph thereof, the LESSEE shall also be responsible for the proper maintenance and repair of the external walls of the leased premises, the supporting posts and similar portions, the floor of the leased premises (as well as of the floor constituting its ceiling) and electrical, water and plumbing installations of common areas. The repair of any damage for which the LESSEE is responsible shall be undertaken by the use LESSEE at its own expense, through qualified and/or licensed work▇▇▇ ▇▇ contractors upon demand of the demised premises in a manner contrary LESSOR; provided, however, that should the LESSEE fail or refuse to undertake such repairs promptly after due demand by the purposes for which same are leased to TenantLESSOR, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to then the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make LESSOR will effect such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and all documented expenses incurred for such expense repairs shall be collectible as additional rent charged against and shall be paid for by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth abovethe LESSEE, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roofrental payment date immediately following said date of completion. Existing electricals, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, plumbing or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but service installations shall not be required to perform tampered with, changed or altered, or new installations made, or alterations within the same on an overtime premises effected or premium pay basismade by the LESSEE without the prior written consent of the LESSOR, which consent shall not be unreasonably withheld.
Appears in 1 contract
Repairs. 7.01. (a) Tenant shall keep, maintain and preserve the Premises in good order, condition and repair, and shall, when and if needed, at its Tenant's sole cost and expense, make such all repairs to the demised premises Premises and every part thereof, including, without limitation, the interior surfaces of the ceilings, walls and floors, all doors, all interior windows, all non-standard plumbing, pipes, electrical wiring, light fixtures and appurtenances therein as are necessitated by the usebulbs, actswitches, omissionfurnishings, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as signs and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances special items and equipment caused installed by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to alter, remodel, improve, repair, decorate or paint the Premises or any items included in Tenant's Extra Workpart thereof. Tenant and Landlord affirm that Landlord has made no representations to Tenant respecting the condition of the Premises, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the Common Areas, or the Project except as specifically set forth in this Lease.
(b) Anything Contained in Paragraph 15
(a) to the contrary notwithstanding, Landlord shall repair (including any necessary replacements) and maintain the Common Areas, including the landscaping, parking areas and exterior lighting, and the structural portions of any window ▇▇▇▇▇ outside the windows Building and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the BuildingBuilding plumbing, but the foregoing shall not relieve Tenant of any obligation to restoreheating, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevatorsventilating, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may electrical systems and the costs of such repairs and maintenance shall be transmitted to other parts of the Building and demised premisesincluded in Operating Expenses. Landlord shall not be under no obligation liable for any failure to endeavor make any such repairs or to reduce perform any maintenance unless such vibration, noise, heat or cold beyond what is customary in current good building practice failure shall persist for buildings any unreasonable time after written notice of the same type as the Building.
7.04need of such repairs or maintenance is given to Landlord by Tenant. Except as otherwise specifically provided in this LeaseParagraph 23, there shall be no allowance abatement of rent to the extent of any insurance proceeds payable to Tenant for a diminution of rental value under insurance policies which Tenant maintains or is required to carry under this Lease and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant's business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Building Building, the Premises, the Common Areas, or the demised premises Project or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, state or equipment thereofordinance flow or hereafter in effect. No provisions of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly provided under this Lease.
(c) Tenant shall be responsible for the maintenance of all telephone cable, and any fiber optic wiring serving the Premises (collectively the "Building Cable"). Landlord shall exercise not be responsible and shall have no liability for interruption in or failure of telephone or electronic data transmission services. Tenant shall abide by all reasonable diligence so as written and nondiscriminatory rules and regulations hereafter promulgated by Landlord regarding access to minimize the Building Cable. Tenant shall indemnify, defend and hold Landlord harmless from and against any interference with and all claims, losses, liabilities, costs and expenses, including without limitation, actual attorneys' fees, incurred by Landlord and related to Tenant's business operationsaccess to or work performed in connection with the Building Cable.
(d) At Landlord's election as part of Operating Expenses, but shall not be required Landlord may elect from time to perform time to procure and keep in effect as part of Operating Expenses, the same on an overtime following maintenance and service contacts: (i) landscaping, (ii) heating, ventilation and air conditioning equipment (iii) boiler, fired or premium pay basisunfired pressure vessels, (iv) fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems including fire alarm and/or smoke detection systems, (v) roof covering and drain maintenance, and (vi) asphalt and parking lot maintenance.
Appears in 1 contract
Sources: Lease Agreement (Infocrossing Inc)
Repairs. 7.01Section 12.01. Except as otherwise provided herein, Tenant shall, at its sole expense, keep the Premises and every part thereof, including without limitation, the structure (including the roof) and the mechanical, electrical and plumbing systems of the Building (including generators), the heating, ventilating and air-conditioning systems (the "HVAC") serving the Building, and the parking area of the Building, in good condition and repair at all times during the Term. Landlord shall be responsible for repairing at its own cost latent defects in (i) Landlord's Work and (ii) other repairs made by Landlord pursuant to the terms of this Lease, to the extent same adversely affect (beyond a de minimis extent) Tenant's use of the Premises for the Permitted Use. If Tenant fails to make such repairs or perform other obligations under this Lease after notice and expiration of applicable cure periods (except no notice is required in cases of emergency), Landlord, at its option, may make such repairs or perform such other obligations, and Tenant shall pay Landlord on demand Landlord's actual costs in making such repairs or perform such other obligations plus ten percent (10%) of such costs for Landlord's overhead. Except as otherwise expressly provided in this Lease, Landlord shall not be required to maintain, repair or rebuild, or to make any alteration to the Premises or any part thereof, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to maintain the Premises or any part thereof in any way. Except as otherwise expressly provided in this Lease to the contrary, Landlord has no obligation and has made no promise to alter, remodel, improve, repair, redecorate, or paint the Premises or any part thereof. Notwithstanding the foregoing, except with respect to latent defects, Landlord shall repair Landlord's Work, the cost of which shall be (i) entirely paid by Tenant to the extent the repair arises out of the acts or omissions of Tenant, its agents, employees or contractors, or alterations, improvements, additions or equipment installed by Tenant in or about the Premises, or Land, otherwise (ii) the amount payable by Tenant shall equal the cost of such repair multiplied by the fraction the numerator of which is the number of months then remaining in the Lease Term (as same may have been renewed at the time the repair is completed) and the denominator of which is the total number of months in the Lease Term (unless such repair occurs during a Renewal Term then the denominator shall be 180), and Tenant shall pay Landlord for the cost of such repair within thirty (30) days after substantiated demand.
Section 12.02. Tenant shallhereby covenants that, throughout the Term, it shall maintain, at its sole cost and expense, make such repairs to service contracts for the demised premises maintenance and repair of all HVAC equipment and all generators in or about the fixtures and appurtenances therein as are necessitated by Building. Tenant shall, upon Landlord's request, provide copies of all service contracts affecting the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premisesgenerator(s), and any applicable renewal contracts thereto, to its fixturesLandlord, appurtenances and equipment caused by Tenant moving property in or out within thirty (30) days of the Building or by installation or removal by Tenant receipt of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements such service contracts. All service contracts shall be in quality form and class equal substance reasonably acceptable to the original work Landlord.
Section 12.03. Landlord agrees to assign to or installations. If cause Tenant fails to make such repairsbenefit from any warranties provided to Landlord in connection with Landlord's Work, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers including warranties on the roof, generator, Liebert units and all building systems serving the demised premiseselectrical distribution switchboards installed by Landlord, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect as Tenant may deem reasonably necessary to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted effectuate its repair obligations pursuant to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings terms of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Sources: Lease Agreement (Infocrossing Inc)
Repairs. 7.01(a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Tenant shallNotwithstanding the foregoing obligation, at its sole the cost and expense, make such of any repairs or maintenance to the demised premises and the fixtures and appurtenances therein as are foregoing necessitated by the use, act, omission, occupancy intentional acts or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenantits agents, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereofcontractors, all damage employees, invitees, licensees, tenants or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other propertyassigns, shall be repaired, restored or replaced promptly borne solely by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid deemed Rent hereunder and shall be reimbursed by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesupon demand. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenantability.
(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same on an overtime in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or premium pay basisdangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Repairs. 7.01. 19.01 Tenant, throughout the Term, shall take good care of the Leased Property, the fixtures and appurtenances therein (including, without limitation, any equipment installed by Tenant shallin accordance with the provisions of this Lease, and all installations required for the furnishing to the Leased Property of the services enumerated in Article 4 hereof), and the entrance doors thereto and, at its Tenant’s sole cost and expense, shall make such all repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the useLeased Property, actwhether structural or non-structural, omissionforeseen or unforeseen, occupancy ordinary or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenantextraordinary, as and when needed to preserve them the same in good working order and conditioncondition and to comply with the Operating Standard. Except as otherwise provided in Section 9.05 hereofIn addition, all damage or injury to any part of the Building Facility, or Premises, including demised premises, and to its fixtures, appurtenances equipment and equipment appurtenances, or to the sidewalks or curbs adjacent to the Facility, whether requiring structural or nonstructural repairs, caused by Tenant or resulting from (i) the moving property in of any FF&E or out of (ii) any act, omission, neglect or improper conduct of, Tenant’s servants, employees, invitees or licensees, or (iii) Tenant’s Changes or the Building or by installation or removal by Tenant of furniture, fixtures or other propertyperformance thereof, shall be repairedrepaired promptly, restored or replaced promptly either by Tenant Landlord at its Tenant’s sole cost and expense, which repairsto the satisfaction of Landlord or, restorations and replacements at Landlord’s option, such repairs shall be in performed by Tenant at Tenant’s sole cost and expense. All the aforesaid repairs shall be of a quality and or class equal to the original work or installationsconstruction and shall be made in accordance with the provisions of Article 6 hereof. If Tenant fails to proceeds with due diligence to make any repairs required to be made by Tenant, and such repairsfailure continues for five (5) Business Days after the giving of notice by Landlord (except that no such notice or five (5) Business Days period shall be required in any circumstance in which Landlord reasonably deems prompt action required in order to avoid risk of injury to person or damage to property, restoration or replacementswhich Landlord otherwise reasonably deems an emergency), same may be made by Landlord, and the expenses thereby incurred by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02Charges. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to give Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making prompt notice of any repairsdefective condition in any mechanical, alterationselectric, additions sanitary, plumbing, utility or improvements in other service system (or to any portion of part thereof) located in, servicing or passing through the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basisLeased Property.
Appears in 1 contract
Repairs. 7.01. (a) Except as otherwise expressly provided in this Article, Tenant shallassumes full and sole responsibility for the condition, at its sole cost operation, repair, maintenance and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use management of the demised premises in a manner contrary throughout the term of this lease (and any renewal period), except that Tenant shall not be required to make repairs resulting from fire, flood, or other casualty provided Tenant maintains the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to insurance required under the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out terms of the Building or by installation or removal by lease and Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal pays over to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesinsurance proceeds received therefrom. Landlord shall have no obligation with respect not be required to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of make any repairs, alterations, replacements, changes, additions or improvements in or to any portion of the Building or the demised premises at any time during the term of this lease (and any renewal period), unless such repairs are structural in nature and provided the repair thereof is not necessitated by (i) the negligent acts or in omissions of Tenant or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operationscontractors, employees, agents, subtenants, licensees or anyone acting on Tenant's behalf or (ii) whether or not caused by Tenant's negligence, if same was caused directly or indirectly by Tenant's Work (as hereinafter defined) or Tenant's Specialty Equipment.
(b) Tenant, at its own cost and expense, shall take good care of and shall maintain the demised premises, all equipment, fixtures and appurtenances, and all water and sewer equipment and connections, gas pipes, wires and conduits for electricity and other utilities, in good and safe order and condition, and shall make all non-structural repairs thereto and replacements thereof, interior and exterior, ordinary and extraordinary, foreseen or unforeseen, and whether or not necessitated by wear, tear, obsolescence or defects, latent or otherwise, and all structural repairs if such repairs are caused or necessitated the negligent acts or omissions of Tenant or Tenant's contractors, employees, agents, subtenants, licensees or anyone acting on Tenant's behalf. If Landlord at any time shall give notice to Tenant that Tenant has failed to comply in any respect with the provisions of this Article, Tenant shall promptly perform all repairs and other work specified in such notice.
(c) At the end or other expiration of the term hereof, shall deliver up the rented premises in good order and condition, wear and tear from a reasonable use thereof, and damage by the elements not resulting from the neglect of fault of the Tenant, excepted. The Tenant shall neither encumber nor obstruct the sidewalks, driveways, yards, entrances, hallways and stairs, but shall keep and maintain the same in a clean condition, free from debris, trash and refuse.
(d) Landlord shall not be required to perform provide any facilities, utilities or services of any kind whatsoever to or at the same on an overtime or premium demised premises during the term of this lease (and any renewal period), and Tenant shall provide and pay basisfor all of the same, except that Landlord shall (i) provide Tenant with 24-hour per day, 7- days per week, 365-days per year access to the demised premises, (ii) clean the common areas of the building, and (iii) maintain security and other building personnel.
Appears in 1 contract
Sources: Lease Agreement (Equinix Inc)
Repairs. 7.01a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in its present condition. Tenant shall, at its Tenant’s sole cost and expense, make such repairs to keep the demised premises Premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them every part thereof in good working order condition and condition. Except as otherwise provided in Section 9.05 hereofrepair, all damage or injury to thereto from causes beyond the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense reasonable control of Tenant and such expense ordinary wear and tear excepted. Tenant shall be collectible as additional rent upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and shall be paid by tear and damage from causes beyond the reasonable control of Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesexcepted. Landlord shall have no obligation with respect whatsoever to alter, remodel, improve, decorate or paint the Premises or any items included in Tenant's Extra Workpart thereof and the parties hereto affirm that Landlord has made no representations or warranties to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
b. Notwithstanding the provisions of Article 10.a. hereinabove, or constructed or installed in Landlord shall repair and maintain the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls structural portions of the Building, including, without limitation, the portions roof, foundation, floor slab, exterior walls and interior structural supports and 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 window ▇▇▇▇▇ outside duty by the windows Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the all costs of such maintenance and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02repairs. Tenant shall not place a load upon maintain any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used air conditioning, heating or electrical systems installed by Tenant which cause vibration, noise, cold or heat that may be transmitted to necessary for Tenant beyond the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in basic systems currently on the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premisesPremises. Landlord shall not be under no obligation liable for any failure to endeavor make any such repairs or to reduce perform any maintenance unless such vibration, noise, heat or cold beyond what is customary in current good building practice failure shall persist for buildings an unreasonable time after written notice of the same type as the Building.
7.04need of such repairs or maintenance is given to Landlord by Tenant. Except as otherwise specifically provided in this LeaseArticle 21 hereof, there shall be no allowance to Tenant for a diminution abatement of rental value rent and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Building or the demised 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 equipment thereof. ordinance now or hereafter in effect.
c. In the event Landlord fails to perform any of its obligations herein or under the Lease and (except in case of emergency posing an immediate threat to persons or property, in which case no prior notice shall exercise reasonable be required) fails to cure such default within thirty (30) days after written notice from Tenant specifying the nature of such default where such default could reasonably be cured within said thirty (30) day period, or fails to commence such cure within said thirty (30) day period and thereafter continuously with due diligence so as prosecute such cure to minimize any interference with Tenant's business operationscomplete where such default could not reasonably be cured within said thirty (30) day period, then Tenant shall have the right, but shall not be required the obligation, to perform cure such default and to demand reimbursement by landlord of the same on an overtime or premium pay basiscost of such cure, with interest thereon at the rate of ten percent (10%) per annum from the date of the expenditure until repaid.
Appears in 1 contract
Repairs. 7.01. Tenant shall7.1 Tenant, at its sole cost and expense, throughout the term of this Lease Agreement, shall take good care of the Demised Premises (including any improvements now existing or hereafter erected or installed on the Land), and shall keep the same in good order and condition and shall make such and perform all maintenance and replacements thereof and all necessary repairs to thereto, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description which are necessary for the demised premises continued operation of Renaissance ▇▇▇▇▇▇ on the Demised Premises. All repairs made by Tenant shall be made by Tenant in accordance with all laws, ordinances and the fixtures regulations whether heretofore or hereafter enacted. The necessity for or adequacy of maintenance and appurtenances therein as are necessitated repairs shall be measured by the usestandards which are appropriate for improvements of similar construction and class, act, omission, occupancy provided that Tenant shall in any event make all repairs necessary to avoid any structural damage or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all other damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraphImprovements.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to 7.2 Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform furnish any services or facilities or to make any repairs or alterations in, about or to the same Demised Premises or any improvements hereafter erected thereon. Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises and all improvements hereafter erected thereon, and Tenant hereby waives any rights created by any law now or hereafter in force to make repairs to the Demised Premises or improvements hereafter erected thereon at Landlord's expense.
7.3 Tenant shall not do or suffer any waste or damage, disfigurement or injury to the Demised Premises, or any improvements hereafter erected thereon, or to the fixtures or equipment therein.
7.4 Tenant agrees to procure, at Tenant's expense (but with the assistance and cooperation of Landlord), initially and as often thereafter during the term of this Lease as required, any and all permits required for the operation of the Renaissance Faire on an overtime or premium pay basisthe Demised Premises including, but not limited to, those required for food service and sanitation, except to the extent that such permits are, by law, the responsibility of the food and product vendors participating at the Renaissance Faire. Landlord shall utilize its best efforts to obtain necessary permits related to parking, which permit shall be obtained at its expense, consistent with Landlord's responsibilities set forth in Paragraph 20.2 hereof.
Appears in 1 contract
Repairs. 7.01Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, “Building Structure”) and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at its sole cost and Tenant’s own expense, make such repairs to keep the demised premises Premises, including all improvements, fixtures and furnishings therein, and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy floor or negligence of Tenant or by the use floors of the demised premises in a manner contrary to Building on which the purposes for which same Premises are leased to Tenantlocated, as and when needed to preserve them in good working order order, repair and condition. Except as otherwise provided in Section 9.05 hereofcondition at all times during the Lease Term, all damage or injury but such obligation shall not extend to the Building or PremisesStructure and the Building Systems except pursuant to the BS/BS Exception. In addition, including demised premisesTenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to its fixturesthe Premises and replace or repair all damaged, appurtenances broken, or worn fixtures and equipment appurtenances, except for damage caused by Tenant moving property in ordinary wear and tear or out beyond the reasonable control of the Building Tenant; provided, however, that, at Landlord’s option, or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If if Tenant fails to make such repairs, restoration or Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) business days thereafter, but need not, make any repairs and replacements, same may be made by and Tenant shall pay Landlord at the expense out-of-pocket costs thereof, plus ten percent (10%) of Tenant such out-of-pocket costs thereof to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such expense shall be collectible as additional rent repairs and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ thereforreplacements forthwith upon being billed for same. Subject to Tenant's obligations set forth abovethe terms of Article 27 below, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operationsmay, but shall not be required to, enter the Premises at all reasonable times to perform make such repairs, alterations, improvements or additions to the same on an overtime Premises or premium pay basisto the Project or to any equipment located in the Project as Landlord may be allowed to do under this Lease or required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for emergencies, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Sources: Sublease Agreement (Okta, Inc.)
Repairs. 7.0111.1 Tenant shall take good care of the Premises, including, without limiting the generality of the foregoing, all Equipment, roofs, foundations and appurtenances thereto, all vaults and all water, sewer and gas connections, pipes and mains which service the Premises (to the extent located on the Land) and which neither City nor a utility company is obligated to repair and maintain, and shall put, keep and maintain the Buildings in good and safe order and working condition, and make all repairs therein and thereon, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, necessary to keep the same in good and safe order and working condition and to comply with all applicable Requirements, howsoever the necessity or desirability therefor may occur, and whether or not necessitated by wear and tear, obsolescence or defects, latent or otherwise. The necessity and adequacy of repairs made shall be measured by standards, which are appropriate for City buildings of similar age, construction and use. Tenant shallshall not commit or suffer, at its sole cost and expenseshall use all reasonable precaution to prevent, make such repairs waste, damage or injury to the demised premises Premises. When used in this Lease, the term "repairs" shall include all alterations, additions, installations, replacements, removals, renewals and restorations. All repairs made by Tenant shall be at least equal in quality and class to the fixtures original work and appurtenances therein shall be made in compliance with all Requirements, as are necessitated then in force.
11.2 Landlord agrees to maintain the Hospital Property in good condition and repair at all times during the Term in accordance with standards not less than the standards by which the use, act, omission, occupancy or negligence of Tenant or by the use Hospital Property was maintained as of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and conditionCommencement Date. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform furnish any services, utilities or facilities whatsoever to the same Premises, nor shall Landlord have any duty or obligation to make any alteration, change, improvement, replacement, restoration or repair to the Buildings or any other improvement presently or hereafter located on an overtime or premium pay basisthe Land. Tenant assumes the full and sole responsibility for the condition, operation, repair, alteration, improvement, replacement, maintenance and management of the Premises.
Appears in 1 contract
Sources: Ground Lease (Great Lakes Reit)
Repairs. 7.01Section 6.01. Tenant shallshall take good care of the Demised Premises and the fixtures therein and all portions of the HVAC, mechanical, plumbing and electrical systems within and exclusively serving the Demised Premises, and at its sole cost and expense, expense make such all repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, thereto as and when needed to preserve them in good working order and condition, except to the extent such repairs are needed as a result of Landlord's misuse or negligence. Except as otherwise provided in Section 9.05 hereof, all All damage or injury to the Demised Premises or the Building or Premises, including demised premises, and to its fixtures, appurtenances and any building equipment or systems caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniturepersonalty or resulting from negligence or conduct of Tenant, fixtures or other propertyits employees, agents, contractors, customers, invitees and visitors, shall be repaired, restored or replaced promptly by Tenant at its sole cost and Tenant's expense, which repairsand whether or not involving structural changes or alterations, restorations to the satisfaction of Landlord. All repairs shall include replacements or substitutions where necessary and replacements shall be in quality and class at least equal to the original work quality, class and value of the property repaired, replaced or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent substituted and shall be paid by Tenant within ten days after rendition of done in a ▇▇▇▇ thereforgood and workmanlike manner.
Section 6.02. Subject to Tenant's obligations set forth aboveLandlord, Landlord at its expense, shall maintain and repair make all repairs and replacements, structural and otherwise, to the exterior of the Building and public portions of the Building, all structural elements to the sidewalks, to the common areas, to the Building fixtures and equipment and to the Demised Premises, unless Tenant is required to make them under the provisions of Section 6.01 or unless required as a result of the Buildingperformance or existence of alterations performed by Tenant or on Tenant's behalf, air-conditioning cooling towers on in which event Tenant, at its expense, shall perform such maintenance, repairs or replacements. Tenant shall notify Landlord of the roofnecessity for any repairs for which Landlord may be responsible in the Demised Premises under the provisions of this Section after learning of same, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesLandlord shall make such repairs promptly. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance liability to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of any inconvenience, annoyance annoyance, interruption or injury to business arising from the Landlord's making of any repairsrepairs or changes which Landlord is required or permitted by this Lease, alterationsor required by law, additions or improvements to make in or to any portion of the Building or the demised premises Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or equipment thereofthe Demised Premises. However, Landlord shall exercise use reasonable diligence so as efforts to minimize any make such repairs or changes in an manner that minimizes interference with the normal conduct of Tenant's business operationsbusiness, but provided Landlord shall not be required to perform the same on an employ overtime or premium pay basislabor. All repairs shall include replacements or substitutions where necessary and shall be at least equal to the quality and value of the property repaired, replaced or substituted and shall be done in a good and workmanlike manner.
Section 6.03. Tenant shall not store or place any materials or other obstructions in the lobby or other public portions of the Building, or on the sidewalk abutting the Building.
Appears in 1 contract
Sources: Lease (Escala Group Inc)
Repairs. 7.01. Tenant shall, at its sole cost and expense, make such repairs to the demised premises Demised Premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises Demised Premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and conditioncondition except to the extent the need for repairs is directly caused by Landlord's gross negligence or willful misconduct. Except as otherwise provided in Section 9.05 hereofthis Lease, all damage or injury to the Building or Premises, including demised premises, Demised Premises and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class substantially equal to the original work or installations. If Tenant fails to make such repairsany repairs in and to the Building and the facilities and systems thereof for which Tenant is responsible within the applicable notice and cure periods, restoration or replacementsif any, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten (10) days after rendition of a ▇▇bill therefor. Landlord may, at its option, before commencing any su▇▇ therefor. Subject ▇ork or at any time thereafter, require Tenant to Tenant's obligations set forth abovefurnish to Landlord such security, in form and amount as Landlord reasonably shall maintain and repair deem necessary to assure the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises payment for such work by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ sills outside the windows and the windows are not part of the premises demised premis▇▇ ▇▇mised by this Lease and Landlord reserves all rights to such parts of the Building and, unless same is the responsibility of Tenant pursuant to any provision of this Lease, Landlord shall maintain same, as well as base-building HVAC, structural elements of the Building, but Building systems and Building common areas, in good order and condition, in all such cases to the foregoing shall not relieve Tenant extent same affect Tenant's use or enjoyment of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraphDemised Premises.
7.02. Tenant shall not place a load upon any floor of the demised premises Demised Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premisesDemised Premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises Demised Premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Sources: Assignment and Assumption of Lease and License Agreement (Integrated Information Systems Inc)
Repairs. 7.01(a) By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair, however, partial occupancy and rent commencement will not interfere with Landlord's obligation to complete Tenant improvements. Tenant shall, when and if needed or whenever requested by Landlord to do so, at its Tenant's sole cost and expense, maintain and make such all repairs to the demised premises Premises and every part thereof, to keep, maintain and preserve the fixtures Premises in first class condition, excepting ordinary wear and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as tear. Any such maintenance and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, repairs shall be repairedperformed by Landlord's contractor, restored or replaced promptly by Tenant at its sole cost a Landlord's approved contractor or contractors. All costs and expense, which repairs, restorations expenses incurred in such maintenance and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and repair shall be paid by Tenant within ten seven (7) days after rendition of a ▇▇▇▇ thereforbilling by Landlord or such contractor or contractors. Subject to Tenant's obligations set forth above, Landlord Tenant shall maintain and repair upon the exterior expiration or sooner termination of the Building term hereof surrender the Premises to Landlord in the same condition as when received, reasonable wear and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisestear excepted. Landlord shall have no obligation with respect to alter, remodel, improve, repair, decorate or paint the Premises or any items included part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respected to the condition of the Premises or the Building except as specifically herein set forth.
(b) Anything contained in Tenant's Extra WorkSubparagraph 15(a) above to the contrary notwithstanding, or constructed or installed in Landlord shall repair and maintain the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls structural portions of the Building, including the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Buildingbasic plumbing, but the foregoing shall not relieve Tenant of any obligation to restoreheating, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevatorsventilating, air conditioning and heating equipment will cause some vibrationelectrical systems installed or furnished by Landlord, noiseunless such maintenance and repairs are caused in part or in whole by the act, heat neglect, fault of or cold omission of any duty by Tenant, its agents, servants, employees or invitees, in which may be transmitted case Tenant shall pay to other parts Landlord as additional rent, the reasonable cost of the Building such maintenance and demised premisesrepairs. Landlord shall not be under no obligation liable for any failure to endeavor make any such repairs, or to reduce perform any maintenance unless such vibration, noise, heat or cold beyond what is customary in current good building practice failure shall persist for buildings any unreasonable time after written notice of the same type as the Building.
7.04need of such repairs or maintenance is given to Landlord by Tenant. Except as otherwise specifically provided in this LeaseParagraph 22, hereof there shall be no allowance to Tenant for a diminution abatement of rental value rent and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to or interferences with Tenant's business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Building or the demised 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 equipment thereofordinance now or hereafter in effect. Landlord Notwithstanding anything to the contrary contained in Subparagraph (a) and (b) of this Paragraph 15, Tenant shall exercise reasonable diligence so as maintain and repair at its sole cost and expense, and with maintenance contractors approved by Landlord, all non-base building facilities, including lavatory, shower, toilet, washbasin and kitchen facilities and heating and air conditioning systems, including all plumbing connected to minimize any interference with Tenant's business operations, but said facilities or systems installed by Tenant or on behavior of Tenant or existing in the Premises at the time of delivery of possession of the Premises to Tenant by Landlord. The provisions of the immediately preceding sentence shall not be required apply to perform the same on an overtime or premium pay basisbasic heating and air conditioning system provided by Landlord to all tenants in the Building.
Appears in 1 contract
Sources: Lease Agreement (Synon Corp)
Repairs. 7.01a. 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 its Tenant’s sole cost and expense, make such repairs keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them Landlord in good working order condition, ordinary wear and conditiontear excepted. Except as otherwise specifically provided in Section 9.05 hereofan addendum, all damage or injury if any, to the Building or Premisesthis Lease, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect whatsoever to any items included in Tenant's Extra Workalter, or constructed or installed in the demised premises by Tenantremodel, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restoreimprove, repair, decorate or replace same in accordance with paint the immediately preceding paragraphPremises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
7.02. b. Notwithstanding the provisions of subparagraph (a) above, Landlord shall repair and maintain the basic plumbing, air conditioning, heating, and electrical systems, installed or furnished by Landlord, unless the need for such maintenance and repairs is 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 not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable pay to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission reasonable cost of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning maintenance and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premisesrepairs. Landlord shall not be under no obligation liable for any failure to endeavor make any such repairs or to reduce perform any maintenance unless such vibration, noise, heat or cold beyond what is customary in current good building practice failure shall persist for buildings an unreasonable time after written notice of the same type need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall in no event be liable for any injury or for any damage or interference with Tenant’s business, or for any consequential damage of any nature whatsoever arising out of Landlord’s failure to make required repairs, and Tenant’s sole remedy shall be an abatement or partial abatement of rent as appropriate for the Building.
7.04period representing the time during which Landlord’s failure to have made repairs was unreasonable. Except as otherwise specifically provided in this Leaseparagraph 17 hereof, there shall be no allowance to Tenant abatement of rent for a diminution of rental value and no liability on the part of Landlord by reason of inconvenienceany injury, annoyance or injury to for any damage or interference with Tenant’s business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Building or the demised 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 equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime ordinance now or premium pay basishereafter in effect.
Appears in 1 contract
Repairs. 7.01. Tenant shall, at its sole cost and expense, be responsible for the maintenance and repair of the demised premises (including all bathrooms and other sanitary facilities located therein), and keep same in good order and condition, including all necessary painting and decorating, and make such repairs to the demised premises and the fixtures and appurtenances therein as and when needed to preserve them in good working order and condition (except that as to structural repairs, Landlord shall be obligated to make same unless they are necessitated by the use, any act, omission, occupancy or negligence of Tenant in violation of Tenant’s obligation under this Lease or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as in which case Tenant shall be so obligated). Tenant shall keep all glass, including windows, doors and when needed to preserve them skylights, clean and in good working order condition and conditionrepair and Tenant shall replace any glass that may be damaged with glass of the same kind and quality. Except as otherwise provided in Section 9.05 hereof, all Tenant shall have no obligation for cleaning exterior glass or replacing any damaged exterior glass other than that damaged by an act of Tenant. All damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment Property caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. Tenant shall promptly make all repairs in or to the demised premises or the Property for which Tenant is responsible, provided that any repairs required to be made to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall be performed only by Landlord. Landlord represents that, as of the date hereof, the Building systems which service the demised premises, including the mechanical, electrical, sanitary, heating, ventilating and air-conditioning Building systems which service the demised premises, are in good working order and condition. Tenant shall not be responsible for any existing violations of the current provisions of Legal Requirements, including the Americans with Disabilities Act.
7.02. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten thirty (30) days after rendition of a ▇▇▇▇ therefor.
7.03. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in If the demised premises includes loading docks, and or related facilities, Tenant shall keep the loading docks and areas adjacent thereto and the driveways and streets within the Property leading to said loading docks free of all dirt, rubbish and other obstructions arising from Tenant’s use or occupancy of any such facilities or the use of such facilities by Tenant’s officers, agents, employees, suppliers or located in the demised premises, invitees including independent contractors making deliveries or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to pick-ups from such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraphloading docks.
7.027.04. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.037.05. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in at the Building Property shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.047.06. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's ’s business operations, but shall not be required to perform the same on an overtime or premium pay basis.
7.07. If Tenant shall install a supplemental air-conditioning system subject to and in accordance with the requirements of this Lease, Tenant shall maintain same in good order and condition, shall enter into a contract for the maintenance thereof with a heating, ventilating and air-conditioning contractor reasonably acceptable to Landlord and shall deliver to Landlord a copy of such contracts and all amendments thereto promptly after execution thereof.
7.08. Notwithstanding anything to the contrary provided in this Lease, if: (I) the demised premises are rendered untenantable in whole or in part, for a period of ten (10) consecutive days, due to (a) the interruption of services as required by Article 21, (b) Landlord’s failure to make repairs as required by this Lease or (c) Landlord’s making of repairs, replacements or additions (other than those made with Tenant’s consent or caused by wrongful or negligent acts or omissions by Tenant, or Tenant’s agents, servants, visitors or licensees), except if such untenantability results from (i) Force Majeure Causes, subject to Article 34, or (ii) events caused by the wrongful or negligent acts or omissions by Tenant, or Tenant’s agents, servants, visitors or licensees, and (II) Tenant promptly vacates, for the full untenantability period, either the entire demised premises, if they are wholly untenantable, or the entire untenantable part of the demised premises, if less than all of the demised premises are untenantable, then, in that case, there shall be a proportionate abatement of basic annual rent from and after said tenth (10th) consecutive day (after Tenant shall have vacated either the entire demised premises, if they are wholly untenantable, or the entire untenantable part of the demised premises, if less than all of the demised premises are untenantable) and continuing for the period of such untenantability. As a condition to Tenant’s entitlement to any such abatement under this
Appears in 1 contract
Repairs. 7.01. Tenant shall, at its sole cost and expense, make such repairs to shall take good care of the demised premises Premises and the fixtures and appurtenances therein as are necessitated by including, without limitation the usedoors and entrances, actfloor coverings, omissioninterior walls, occupancy or negligence columns and partitions ; together with all systems and equipment exclusively serving the Premises 9 including without limitation, the lighting, plumbing and sewage facilities, sprinkler system and sprinkler heads and any utility facilities from the point of Tenant or by entry into the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, Premises and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and conditioncondition . Except as otherwise provided in Section 9.05 hereof, all All damage or injury to the Building or Premises, including demised premises, Premises and to its fixtures, glass, appurtenances and equipment or to any other portion of the Land or Building, caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, or resulting from fire, explosion, short circuits, flow or leakage of water, sewerage or odors or by frost or by bursting or leaking of pipes or plumbing works or gas, or from any other cause or any other kind of nature, whatsoever, which is due to the negligence or willful misconduct of Tenant, its servants, employees, agents, visitors or licensees shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which expense to the reasonable satisfaction of Landlord . All aforesaid repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent installations and shall be paid by Tenant within ten days after rendition of done in a ▇▇▇▇ thereforgood and workmanlike manner . Subject (b) Landlord shall, subject to Tenant's obligations set forth aboveSection 4 (a), make all repairs and replacements, the need for which Landlord shall maintain have knowledge, structural and otherwise, necessary in order to keep in good order and repair the exterior roof, the foundation, structural portions of the Building Building, exterior and the public portions of the Building, all structural elements including the public halls and stairways, plumbing, wiring and other Building equipment for the general supply of water, heat, air conditioning, gas and electricity and HVAC equipment servicing the Building, air-conditioning cooling towers on the roofPremises, and all other base building systems serving the demised premisesand related equipment, including pipes, lines and the like located outside of the demised premiseselevators . Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇▇ outside the windows and the windows are not part agrees to notify Landlord of the premises demised by this Lease necessity for any repairs of which ▇▇▇▇▇▇ may have knowledge and for which Landlord reserves all rights to such parts may be responsible under the provisions of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02sentence . (c) Tenant shall not place a load upon any floor of the demised premises exceeding Premises which exceeds the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines 12. YIELD UP AND FIXTURES . Tenant shall at the termination of this Lease peaceably yield up the Premises and mechanical equipment used ▇▇▇▇▇▇'s improvements and permitted Alterations (as . defined below) in good order, repair and condition, fire or casualty and reasonable use and wear excepted, provided that if required by Landlord, any Alterations made by Tenant which other than the Tenant's Initial Work, shall be removed by Tenant prior to the termination ofthis Lease so long as Landlord notifies Tenant of its obligation to remove same at the time Landlord consents to the construction or installation of same . Upon such removal by ▇▇▇▇▇▇, Tenant shall cause vibrationthe Premises to be restored to their condition prior to the Alteration . Tenant shall before the termination of this Lease remove all furniture, noisefixtures, cold and personal property of Tenant from the Premises and Tenant shall repair any damage to the Premises or heat that the common areas caused by such removal including the filling in of all holes, and the patching or replacement of all floor areas or ceilings damaged by such removal . Any property, furniture or fixtures not so removed shall be deemed abandoned and may be transmitted recovered and disposed of by Landlord in such manner as Landlord shall determine and Tenant shall pay Landlord the entire cost and expense incurred in effecting such removal and disposition and in making incidental repairs and replacements to the Building structure or to any leased space to such a degree Premises . Tenant shall further indemnify Landlord against all loss, cost and damage resulting from ▇▇▇▇▇▇'s failure and delay in surrendering the Premises as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heatprovided above . The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises13. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04CHANGES AND ALTERATIONS. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.10
Appears in 1 contract
Sources: Office Lease (Portage Biotech Inc.)
Repairs. 7.017.1 Landlord shall maintain (i) the common areas, including any lobbies, stairs, elevators, corridors and restrooms, (ii) the windows and exterior walls, roofs, foundations and structure of the Building, and (iii) the mechanical, plumbing and electrical equipment servicing the Building, in good order and condition as reasonably determined by Landlord. Notwithstanding the foregoing, Tenant shall pay the cost of any repairs occasioned by the act, neglect or default of Tenant, its agents, employees, invitees and contractors.
7.2 Subject to the provisions of Section 7.1 hereof, Tenant shall keep the demised premises and every part thereof (including any special equipment Installed in the demised premises such as supplemental air conditioning equipment, and any other alterations, additions or improvements, whether Installed by Landlord or Tenant) in good condition and repair. Tenant shall be responsible for Installing, maintaining and replacing fire extinguishers in the demised premises to the extent required by applicable fire codes. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics approved by Landlord and in accordance with the rules and regulations relating thereto annexed to this Lease as Exhibit "B" and all applicable laws, codes and regulations. Subject to the provisions of Article 8 hereof, Tenant shall, at its sole cost and expensethe end of the term hereof, make such repairs surrender to Landlord the demised premises in the same condition as when received, except for ordinary wear and tear, repairs required to be made by Landlord, and damage by fire, earthquake, act of God or the fixtures elements. Landlord has no obligation, and appurtenances therein as are necessitated by has made no promise, to alter, remodel, improve, repair, decorate or paint the use, act, omission, occupancy demised premises or negligence of Tenant or by any part thereof and no representations respecting the use condition of the demised premises or the Building have been made by Landlord to Tenant except as expressly set forth herein.
7.3 In the event that Landlord shall deem it necessary or be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the demised premises or of the Building, then the same shall be made by Landlord with reasonable dispatch (unless the same shall result from Tenant's act, neglect, default or mode of operation or shall have been required by the City in a manner contrary to connection with any alteration of the purposes for which same are leased to demised premises performed by, or at the request of, Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, which event Tenant shall make all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which such repairs, restorations alterations and replacements improvements or, at Landlord's option, Landlord shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant alterations and such expense shall be collectible as additional rent improvements and shall be paid promptly reimbursed by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, for the cost incurred by Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roofin so doing), and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from should the making of any such repairs, alterations, additions alterations or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize cause any interference with Tenant's business operationsuse of the demised premises, but such interference shall not relieve Tenant from the performance of its obligations hereunder nor shall such interference be required deemed an actual or constructive eviction or partial eviction or result In an abatement of rental. Notwithstanding the preceding sentence, in the event that Tenant is prevented from using, and does not use, the demised premises or any portion thereof, for more than three (3) consecutive business days as a result of Landlord's performance of such work, then Tenant's Basic Rental and additional rent shall be abated or reduced, as the case may be, after expiration of the 3-day period for such time that Tenant continues to perform be so prevented from using the same on an overtime demised premises or premium pay basisa portion thereof, in the proportion that the rentable area of the portion of the demised premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the demised premises.
Appears in 1 contract
Repairs. 7.01. 7.01 Tenant shall take good care of the demised premises and the fixtures, equipment and appurtenances therein and shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures fixtures, equipment and appurtenances therein as are necessitated by the use, (i) act, omission, occupancy or negligence of Tenant or by Tenant's employees, contractors, invitees, licensees or other occupants of the demised premises or (ii) use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Notwithstanding the foregoing, all damage or injury to the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from the act, omission, occupancy or negligence of Tenant or Tenant's employees, contractors, invitees, licensees or other occupants of the demised premises, shall be repaired promptly by Tenant (or by Landlord, if a structural repair), at Tenant's sole cost and expense. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in into or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make commence such repairs, restoration or replacementsreplacements within ten (10) days after demand from Landlord (or if, after such commencement, Tenant fails to complete such repairs with due diligence), the same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Sources: Lease Agreement (THCG Inc)
Repairs. 7.01(a) By entry hereunder upon substantial completion of the Tenant Improvements, Tenant accepts the Premises as being in good and sanitary order, condition and repair, except for latent defects and any incomplete punch-list items. Landlord shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, make all repairs to the Premises and every part thereof where required except due to excess wear and tear by Tenant. Tenant shall, at its sole cost upon the expiration or sooner termination of the term hereof, surrender the Premises to Landlord in the same condition as when received, usual and expenseordinary wear and tear excepted, make such repairs and subject to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence provisions of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and conditionArticle 12. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth aboveEXHIBIT B, Landlord shall maintain and repair have no obligation to alter, remodel, improve, decorate or paint the exterior Premises or any part thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Building Premises or the Project except as specifically herein set forth.
(b) Anything contained in Paragraph 13(a) above to the contrary notwithstanding, Landlord shall repair and public maintain the structural portions of the Building, all structural elements of including the Buildingfoundations, air-conditioning cooling towers on the roofbuilding shell, and roof structure, all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesat Landlord's expense. Landlord shall have no obligation with respect to any items included in Tenant's Extra Workalso repair and maintain the basic plumbing, or constructed or installed in the demised premises by Tenantelevators, or located in the demised premiseslife safety systems and other building systems, or exclusively serving the demised premises. The exterior walls of the Buildingheating, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevatorsventilating, air conditioning and heating equipment will cause some vibrationelectrical systems installed or furnished by Landlord, noise, heat or cold which may and perform roof repair and maintenance to the Premises; the cost of such repairs and maintenance shall be transmitted to other parts of the Building and demised premisesincluded in Direct Expenses as provided in Article 4. Landlord shall not be under no obligation liable for any failure to endeavor make any such repairs or to reduce perform any maintenance unless such vibration, noise, heat or cold beyond what is customary in current good building practice failure shall persist for buildings an unreasonable time after written notice of the same type as the Building.
7.04need of such repairs or maintenance is given to Landlord by Tenant. Except as otherwise specifically provided in this LeaseArticle 21 hereof, there shall be no allowance to Tenant for a diminution abatement of rental value rent and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant's business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Building Building, Project or the demised 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 equipment thereofordinance now or hereafter in effect. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.ARTICLE 14
Appears in 1 contract
Repairs. 7.01(a) By entry hereunder, Tenant accepts the Premises as being in good order, condition and repair. Tenant shall, when and if needed or whenever reasonably requested by Landlord to do so, maintain and make repairs to the Premises and every part thereof, to keep, maintain and preserve the Premises in first class condition, excepting ordinary wear and tear. Tenant shall upon the expiration or sooner termination of the Term hereof surrender the Premises to Landlord in the same condition received, ordinary wear and tear excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises except as specifically herein set forth.
(b) Anything contained in the Subsection above to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the roof, exterior walls, foundation, exterior light bulbs and globes, exterior landscaping and heating, ventilating, air-conditioning systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or the omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Tenant shall maintain and repair at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated all Premises facilities, installed by the use, act, omission, occupancy Tenant or negligence on behalf of Tenant or by existing in the use Premises at the time of the demised premises in a manner contrary delivery of possession of the Premises to Tenant by Landlord. The provisions of the preceding sentence of this Subsection shall not apply to the purposes for which same are leased HVAC systems provided by Landlord to Tenant, as which maintenance and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to repair shall be the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out responsibility of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraphLandlord.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Repairs. 7.01A) 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 its Tenant's sole cost and expense, make such repairs keep the Premises and every part thereof in good condition and repair, ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them Landlord in good working order condition, ordinary wear and conditiontear excepted. Except as otherwise specifically provided in Section 9.05 hereofan Addendum, all damage or injury if any, to the Building or Premisesthis Lease, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect whatsoever to any items included in Tenant's Extra Workalter, or constructed or installed in the demised premises by Tenantremodel, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restoreimprove, repair, decorate or replace same paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Property except as specifically set forth in accordance with the immediately preceding paragraphsuch Addendum.
7.02. B) Notwithstanding the provisions of Article 12a hereinabove, Landlord shall repair and maintain the structural portions of the Property, including the basic plumbing 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 not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable pay to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission reasonable cost of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning maintenance and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premisesrepairs. Landlord shall not be under no obligation liable for any failure to endeavor make any such repairs or to reduce perform any repairs or maintenance unless such vibration, noise, heat or cold beyond what is customary in current good building practice failure shall persist for buildings an unreasonable time after written notice of the same type as the Building.
7.04need of such repairs or maintenance is given to Landlord by Tenant. Except as otherwise specifically provided in this Lease, there There shall be no allowance to Tenant for a diminution abatement of rental value rent and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant's business arising from the making of or failure to make any repairs, alterations, additions alterations or improvements in or to any portion of the Building Property or the demised 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 equipment thereofordinance now or hereafter in effect.
C) All Improvements and repair 9 made by Tenant pursuant to Articles ii and 12 respectively shall be made promptly and in a good and workmanlike manner, and in compliance with all insurance requirements and applicable permits, authorizations, and all other governmental rules, regulations, ordinances, statutes and laws. Prior to the commencement of any such work, Tenant shall provide Landlord shall exercise reasonable diligence so as evidence of appropriate insurance to minimize any interference with Tenant's business operationsprotect Landlord, but shall not be required to perform the same on an overtime its tenants and invitees from damage or premium pay basisinjury resulting from such work.
Appears in 1 contract
Sources: Office Lease (Juina Mining Corp Inc)
Repairs. 7.01As of the Effective Date, Article 10 to the Lease is hereby deleted in its entirety and replaced with the following:
10.1 Except as otherwise provided in this Article 10, Tenant, at its sole cost and expense, throughout the Lease Term, shall take good care of and keep in good order, condition and repair (including, without limitation, interior repainting and refurnishing, as needed) all parts of the Premises, and shall make and perform all routine maintenance thereof and all necessary repairs thereto. When used in this Article, “repairs” shall include all necessary replacements, alterations, additions and betterments, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description, including, without limitation, any repairs, replacements, alterations, additions and betterments required by any governmental law, ordinance or regulation now or hereafter enacted relating to the Premises. Such repairs and replacements will be made in a good and workmanlike manner with materials of equal or better quality to the original work, and under the supervision and with the approval of Landlord. Tenant shall enter into a service contract with a contractor approved by Landlord, providing for the service and regular maintenance (with service calls no less frequent than once each calendar quarter and otherwise meeting the specifications set forth in Exhibit “M”) of the heating, venting and air conditioning system throughout the Lease Term.
10.2 If Tenant shall fail to maintain or repair the Premises, and such failure continues for a period of ten (10) days after written notice from Landlord, then Landlord shall have the right, but not the obligation, to cause such repairs to be made and the costs therefor plus an administrative fee equal to fifteen percent (15%) of the costs shall be payable by Tenant to Landlord as additional rental on the date of the next installment of Base Rental due under the Lease. Notwithstanding the foregoing to the contrary, if an emergency exists, Landlord shall have the right, but not the obligation, to make such repairs without prior notice to Tenant if reasonable under the circumstances. Again, Tenant shall pay to Landlord the cost thereof and administrative fee as additional rental due on the date of the next installment of Base Rental.
10.3 Except as expressly provided elsewhere in this Lease, Landlord shall not be required to furnish any services or to make any repairs or alterations in, on or about the Premises or any improvements hereafter erected on the Premises. Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Premises and all improvements thereon, and Tenant hereby waives any rights created by any law now or hereafter in force to make repairs to the Premises or improvements thereon at Landlord’s expense.
10.4 Tenant, in executing this Lease, acknowledges that the parties have specifically negotiated and Tenant has specifically agreed to perform the repair obligations under this Lease. Without limiting the foregoing, Tenant acknowledges that the Base Rental has been determined, in part, upon Tenant’s agreement to maintain and make all the repairs to the Premises required during the Lease Term (except as otherwise provided herein). Tenant acknowledges that the benefit of the repairs performed by Tenant may inure to the benefit of Landlord after the expiration of the Lease Term and that Tenant, as a sophisticated commercial tenant, understands the full undertaking of such obligations.
10.5 Notwithstanding anything to the contrary contained in this Lease, on and after the Effective Date of this Amendment, Landlord agrees to take good care of and keep in good order, condition and repair (as defined in Section 10.1 above), at its sole cost and expense (without passing through any portion of the cost thereof to Tenant), the roof of the Premises, except to the extent repairs are needed to the roof as a result of the negligence or willful misconduct of Tenant or its agents, employees or contractors. Tenant shall continue to be responsible for the cost of the Landlord’s annual maintenance program for the roof of the Premises. Promptly after the Effective Date of this Amendment, Landlord shall, at its sole cost and expense, make correct the deferred asphalt maintenance issues in the parking lot and truck areas of the Premises (which shall include patching and repairs as reasonably needed). After Landlord has performed the work described in the previous sentence and provided such work is done in a good and workmanlike manner using new materials of good quality, Tenant shall thereafter be responsible for any subsequently necessary repairs to the demised premises parking and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use truck areas of the demised premises in a manner contrary Premises (including, without limitation, any repairs subsequently required to the purposes for which same are leased asphalt) as provided in Section 10.1 above. Tenant may provide Landlord with the names of potential contractors to perform the asphalt work and/or HVAC system work and Landlord shall consider using such contractors. Promptly after the Effective Date of this Amendment, Landlord will, at Landlord’s sole cost and expense (without passing through any portion of the cost thereof to Tenant), as inspect and when needed service the HVAC system of the Premises and make any required repairs reasonably necessary to preserve them cause the HVAC system to be in good working order order. After Landlord has performed the inspection and condition. Except servicing work on the HVAC system as otherwise described in the previous sentence and provided such work is done in a good and workmanlike manner using new materials of good quality, Tenant shall thereafter be responsible for repairs to the HVAC system as provided in Section 9.05 hereof10.1 above. To the extent permitted by applicable laws, all damage or injury rules, regulations, and codes, Landlord shall, at its sole cost and expense (without passing through any portion of the cost thereof to Tenant), restripe the existing parking lot of the Premises to provide for additional parking spaces as reasonably designated by Tenant and to the Building extent that such restriping necessitates new paving or Premisesthe alteration of existing paving in such parking areas, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repairedresponsible, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to for the original work cost of installing such new or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ thereforaltered paving. Subject to the provisions of Articles 13 and 14, Landlord, at its own cost and expense (without passing through any portion of the cost thereof to Tenant's obligations set forth ), agrees to also repair (as defined in Section 10.1 above), and keep in sound condition, the following items: the foundation, the footings, the floor slab, and the load bearing walls and exterior walls of the Premises (excluding any glass and any routine maintenance, including, without limitation, any painting, sealing, patching and waterproofing of such walls). Notwithstanding anything in this Article 10 to the contrary but subject to the terms and conditions of Article 13, Landlord shall maintain and have the right to either repair the exterior or to require Tenant to repair any damage to any portion of the Building Premises caused by or created due to any act, omission, negligence or willful misconduct of Tenant or Tenant’s Representatives and public portions to restore the Premises to the condition existing prior to the occurrence of such damage; provided, however, that in the event Landlord elects to perform such repair and restoration work, Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection therewith, and such reimbursement shall be paid, in full, within thirty (30) days after Landlord’s demand therefor. Tenant shall provide Landlord with written notice of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, need for any such repairs and all building systems serving the demised premises, including pipes, lines maintenance and the like located outside of the demised premisesshall allow Landlord a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair and Landlord shall have no obligation with respect to make such repair, nor have any items included liability to Tenant resulting from such condition, until it receives such notice from Tenant.
(a) Anything in Tenant's Extra Workthis Lease to the contrary notwithstanding, if, during the last eighteen (18) months of the then-current Lease Term or constructed Extension Terms, Tenant is required to make any repair or installed replacement pursuant to Section 10.1 hereof, which repair or replacement under generally accepted accounting principles is not fully chargeable to a current account in the demised premises by year in which the expenditure is incurred and, therefore, must be capitalized, the cost of such repair or replacement shall be shared between Landlord and Tenant as provided in this Section 10.6. Any such repair or replacement is hereinafter referred to as an “Eligible Repair or Replacement” and that portion of the cost of such Eligible Repair or Replacement in excess of $5,000.00 is hereinafter referred to as the “Eligible Cost”. Tenant shall pay, in the first instance, the entire cost of an Eligible Repair or Replacement, and Landlord shall reimburse Tenant, or located in the demised premises, or exclusively serving the demised premisesaccordance with this Section 10.6. The exterior walls for that portion of the BuildingEligible Cost which equals the difference between (i) the amount of the Eligible Cost, and (ii) the product of (A) the Eligible Cost, and (B) a fraction, the portions numerator of any window ▇▇▇▇▇ outside which is the windows number of months from the commencement of the subject Eligible Repair or Replacement through the end of the then current term, and the windows are not part denominator of which is the useful life, expressed in months, of the premises demised by this Lease and Landlord reserves all rights subject Eligible Repair or Replacement assigned to such parts it for federal income tax purposes (pursuant to Section 168 of the BuildingInternal Revenue Code of 1986, but as amended, and the foregoing shall not relieve Tenant of any obligation rules and regulations from time to restoretime promulgated thereunder). Such amount to be reimbursed by Landlord, repair, or replace same as calculated in accordance with the immediately preceding paragraphsentence, is hereinafter referred to as the “Tenant Reimbursement.” In the event Tenant thereafter exercises its option with respect to a Renewal Term, then the amount of the Tenant Reimbursement shall be recalculated to reflect the number of months from the commencement of the subject Eligible Repair or Replacement through the end of the applicable Renewal Term (“Recalculated Reimbursement”). In the event that, because of Tenant’s exercise of its option for a Renewal Term, Tenant shall have been reimbursed hereunder for amounts in excess of the Recalculated Reimbursement, then Tenant shall pay the entire amount of such excess to Landlord within sixty (60) days after Tenant’s exercise with respect to such Renewal Term.
7.02. (b) In the event that at any time during the last six (6) months of the then-current Lease Term, Tenant intends to undertake an Eligible Repair or Replacement, Tenant shall not place give written notice thereof to Landlord, which notice shall include a load upon any floor summary of the demised premises exceeding the floor load per square foot area which such floor was designed to carry nature and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission cost of such cold Eligible Repair or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premisesReplacement. Landlord shall be under no obligation required to endeavor consider such repair or replacement in good faith and, within twenty (20) days after such notice (or such lesser time as stated in such notice, in the event of an emergency), either approve or disapprove the expenditure or propose a reasonable alternative thereto. In the event that Landlord fails to reduce respond to Tenant with an approval, disapproval or an alternative proposal within such vibrationtwenty (20) day (or shorter) period, noisesuch Eligible Repair or Replacement shall be deemed disapproved. In the event that within such twenty (20) day (or shorter) period, heat Landlord either disapproves or cold beyond what proposes an alternative to the proposed repair or replacement and Tenant determines that such disapproval or alternative proposal is customary not reasonable, Tenant may undertake the proposed repair or replacement at its sole expense, without waiving its right to contest the reasonableness of Landlord’s position hereunder.
(c) For purposes of this Section 10.6. Landlord’s “reasonableness” in current good building practice for buildings disapproving or proposing an alternative to a proposed repair or replacement shall be determined in light of a reasonably prudent owner of similar commercial real estate in the same general vicinity of the same type as the BuildingPremises.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.”
Appears in 1 contract
Sources: Office/Showroom/Warehouse Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)
Repairs. 7.01. Tenant shall, will at its sole cost own expense and expensesubject to the provisions of this Lease, keep the Premises in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Premises (except for reasonable wear and tear and as otherwise provided in this Lease) and replace or repair all damaged or broken glass (including signs thereon), fixtures and appurtenances, under the direct supervision and with the approval of Landlord, and within any reasonable period of time specified by landlord. If Tenant does not do so, or at Landlord’s election, Landlord may, but need not, make such repairs to the demised premises or replacements and the fixtures amount paid by Landlord for such repairs and appurtenances therein as are necessitated by replacements (including Landlord’s overhead and profit and the use, act, omission, occupancy or negligence cost of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, general conditions) shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as deemed additional rent reserved under this Lease due and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisespayable forthwith. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operationsmay, but shall not be required so to perform do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the Village of Bloomingdale or by the order or decree of any court or by any other governmental authority. In the event Landlord or its agents or contractors shall elect or be required to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages to Tenant’s property, business or person, and the rent reserved herein shall in no way a▇▇▇▇ while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any set-off or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, but if Tenant desires to have the same on an done during any other hours Tenant shall pay for all overtime or premium pay basisand additional expenses resulting therefrom.
Appears in 1 contract
Repairs. 7.01By taking of possession of the demised premises, Lessee acknowledges and agrees that the demised premises are in all respects in good condition. Tenant shall, at its sole cost and expense, make such repairs to Lessee shall take good care of the demised premises and shall keep the fixtures said premises in a good state of repair and appurtenances therein in a sightly, healthy and clean condition so as are necessitated by to comply with all rules and regulations of Broward County, and all ordinances, laws and statutes of any and all governmental entities, whether federal, state or local. In the useevent of termination of this Lease, actwhether because of expiration of the term or for any other reason, omissionLessee shall yield up said premises to Lessor in the same condition as the same existed on the day of commencement of the term of this Lease, occupancy or negligence of Tenant or by the use of reasonable wear and tear excepted. Lessee shall make all repairs in and about the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed as a result of misuse, damage or neglect by Lessee, in order to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements Such repairs shall be in the quality and class equal to the original work work. Lessee shall refrain from applying paste or installations. If Tenant fails wallpaper or anything to make such repairs, restoration or replacements, same may be made by Landlord at the expense walls of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition the demised premises without first obtaining the written consent of a ▇▇▇▇ the Lessor therefor. Subject In the event that the Lessee fails or refuses to Tenant's obligations set forth abovekeep and perform the covenants and agreements contained in this paragraph, Landlord shall maintain Lessor may, at its option, by and repair the exterior of the Building through its agents and public portions of the Buildingservants, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving enter the demised premisespremises for and in behalf of Lessee to keep and perform said undertaking, including pipes, lines and without such entry affecting the like located outside tenancy or terminating this Lease or Lessee’s occupancy of the demised premises. Landlord In such event Lessee shall have no obligation with respect to any items included in Tenant's Extra Workreimburse Lessor the cost and expense incurred thereby, or constructed or installed which said reimbursement shall be due and payable by Lessee immediately upon demand therefor. All appliances supplied by Lessor in the demised premises by Tenant, or located in residence during the demised premises, or exclusively serving the demised premises. The exterior walls term of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as are to be reasonably objectionable to Landlord or to any other tenant in repaired at the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the BuildingLessee’s expense.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Sources: Residential Lease Agreement (Protective Products of America, Inc.)
Repairs. 7.01. Tenant shall, at its sole cost and Tenant’s own expense, make such repairs pursuant to the demised premises and the fixtures and appurtenances therein as are necessitated by the useterms of this Lease, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 including without limitation Article 8 hereof, all damage or injury to keep the Building or Premises, including demised premisesall improvements, fixtures and furnishings therein, in the order, repair and condition received at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to its fixturesthe terms of this Lease, appurtenances including without [imitation Article 8 hereof, promptly and equipment adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by Tenant moving property in ordinary wear and tear or out beyond the reasonable control of the Building Tenant; provided however, that, at Landlord’s option, or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If if Tenant fails to make such repairs, restoration or Landlord may, but need not, make such repairs and replacements, same may be made by and Tenant shall pay Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of cost thereof, including a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, other costs or expenses arising from Landlord’s involvement with such repairs and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesreplacements forthwith upon being billed for same. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operationsmay, but shall not be required to, enter the Premises in accordance with Article 27, at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. Notwithstanding anything to the contrary herein, Landlord shall perform and construct, and Tenant shall have no obligation to perform or construct, any repair, maintenance, or improvements which are required to be treated as a “capital expenditure” under generally accepted accounting principles except to the extent the same on an overtime is required due to the negligence or premium pay basiswillful misconduct of Tenant or its agents, employees, contractors or invitees (subject, however, to Section 10.5).
Appears in 1 contract
Repairs. 7.01. Tenant shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public the structural portions of the Building, and all Building systems servicing the Demised Premises including the structural elements portions of the Demised Premises, provided such repair is not occasioned by Tenant's negligence or its alterations; and the public portions of the Building and all Building systems servicing the Demised Premises, (including, but not limited to, all plumbing, electrical, heating and ventilating systems but expressly not Tenant's internal system pursuant to Article 54 hereof). In addition to the foregoing, Landlord shall maintain and keep in working condition and repair, only if supplied or installed by Landlord, the radiators, central air conditioning equipment and ducting, electrical conduit and risers, lighting fixtures, water columns and pipes, serving the Demised Premises, provided such need for repair is not caused by Tenant, its agents, employees or contractors. Tenant shall, throughout the term of this lease, take good care of the Demised Premises including the windows and window frames and, the fixtures and appurtenances therein and at Tenant's sole cost and expense promptly make all repairs thereto and to the Building, airwhether structural or non-conditioning cooling towers on structural in nature, caused by or resulting from the roofcarelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees. In no event shall Tenant be obligated to make any repairs (structural or non-structural) or replacements necessitated by, or to repair damage due, in whole or in part, to any act, omission or negligence of Landlord or Landlord's agents, employees, invitees, licensees, servants and contractors. Tenant shall also repair all damage to the Building and the Demised Premises caused by the moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the condition existing prior to the damage, ordinary wear and tear, obsolescence and damage by casualty excepted. If Tenant fails, after ten (10) days written notice from Landlord, to proceed with due diligence to make repairs required to be made by Tenant under this Article 4, the same may be made by the Landlord at the expense of Tenant, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. actual reasonable expenses thereof incurred by Landlord shall have no obligation with respect to any items included in Tenant's Extra Workbe collectible, or constructed or installed in the demised premises by Tenantas additional rent within thirty (30) days, or located in the demised premises, or exclusively serving the demised premises. The exterior walls after rendition of the Building, the portions of any window ▇a ▇▇▇▇ outside or statement therefor. If the windows and Demised Premises be or become infested with vermin by reason of Tenant's actions or omissions, Tenant shall, at its expense, cause the windows are not part of the premises demised by this Lease and Landlord reserves all rights same to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02be exterminated. Tenant shall give Landlord prompt notice of any defective condition in the Demised Premises for which Landlord may be responsible hereunder (including but not place limited to plumbing, heating system or electrical lines located in the Demised Premises). Notwithstanding the foregoing, Tenant's failure to give such notice to Landlord shall not be deemed a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used waiver by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure Tenant's rights or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by discharge of Landlord's obligations hereunder (provided Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings gives notice of the same type within the three (3) month period immediately following the occurrence of the defective condition). Landlord shall, at its sole cost and expense, remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as the Building.
7.04aforesaid. Except as otherwise specifically provided in this Lease, there There shall be no allowance to the Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the Landlord, Tenant or others making of or failing to make any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises Demised Premises or in or and to the fixtures, appurtenances or equipment thereof. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case of fire or other casualty with regard to which Article 9 shall apply. Landlord agrees to substantially complete the following common area or public portion upgrades within six (6) months from the date of execution of this Lease:
1. Lobby - Periodic restoration of marble floors, wall and ceiling murals; installation of a "Dignified First Class" lobby kiosk directory;
2. Bathrooms - All existing bathrooms to be periodically renovated.
3. Elevator Cabs - Remodeled "State of the Art" controls and new elevator cabs.
4. Risers - Building will be providing a secure riser management system. Riser space is available as per building's rate schedule (as outlined in the Generator Article of this lease). There shall exercise reasonable diligence so as be no charge for Tenant to minimize any interference with run conduit between Tenant's business operationscontiguous floors as long as it is within the space occupied by Tenant, but shall not be required to perform i.e. within the same on an overtime or premium pay basisDemised Premises; and
5. Upgrade Class "E" System.
Appears in 1 contract
Sources: Office Lease (Intira Corp)
Repairs. 7.01(a) Tenant shall pay Tenant’s Proportionate Share of all structural and non-structural repairs and maintenance in and to the Premises, which Landlord determines are reasonably necessary or desirable in order to keep the Premises in good order and repair. Tenant shall, at its sole cost shall take good care of the Premises and expense, make such repairs to the demised premises Demised Premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and conditiontherein. Except as otherwise provided in Section 9.05 hereof, all All damage or injury to the Building Premises and Demised Premises and to such fixtures and appurtenances, or Premisesto the Building, including demised premises, and or to its fixtures, appurtenances and equipment equipment, caused by Tenant Tenant’s moving property in or and out of the Building Building, the Premises or the Demised Premises, or by installation or removal by Tenant of furniturefixtures, fixtures furniture or other property, or from any other cause, shall be repaired, restored or replaced promptly by Tenant Tenant, at its sole cost and expense, which . All repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration restorations or replacements, the same may be made by Landlord, at Tenant’s expense, and the amounts spent by Landlord (together with interest thereon at the expense per annum rate of Tenant and ten (10%) percent, or if such expense rate be illegal then at the highest permissible rate, from the date of Landlord’s expenditure through the date of Tenant’s payment in full) shall be collectible as additional rent and shall rent, to be paid by Tenant within ten fifteen (15) days after rendition of a ▇▇▇▇ thereforand invoices from any contractor utilized by Landlord (if any). Subject Notwithstanding anything to the contrary contained in Section 10.01(a), Tenant shall not be responsible for any structural repairs (i) necessitated by damage or condition that existed prior to the date of this Lease, or (ii) requested solely by any other tenant of the Premises, unless said damage has been caused or increased by the Tenant.
(b) There shall be no allowance to Tenant for a diminution of rental value, and no liability on Landlord’s part, by reason of inconvenience, annoyance or injury to Tenant's obligations set forth above’s business arising from the making of repairs, alteration, additions or improvements in or to the Demised Premises or the Premises, or to the fixtures, appurtenances or equipment thereof, by Landlord, Tenant or others. Landlord shall maintain will use commercially reasonable efforts to not interrupt Tenant’s use and repair the exterior enjoyment of the Building and public portions of the BuildingDemised Premises when making such repairs, all structural elements of the Buildingalterations, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, additions or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Buildingimprovements, but the foregoing obligation to use commercially reasonable efforts shall not relieve Tenant of require Landlord to employ overtime labor or pay any obligation to restore, repair, premium or replace same in accordance with the immediately preceding paragraphsurcharge for labor or materials.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. (c) Business machines and mechanical equipment used by belonging to Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure Building’s structure, or to any leased space therein, to such a degree as to be reasonably objectionable to Landlord or to any other tenant in or occupant at the Building Premises, shall be placed and maintained by Tenant Tenant, at its expense sole expense, in settings of cork, rubber or spring spring-type vibration eliminators or other means sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat cold or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Buildingheat.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Sources: Lease (GTJ REIT, Inc.)
Repairs. 7.01. Subject to Articles 11 and 13 and this Article 7, Tenant shall, at its sole cost and ▇▇▇▇▇▇'s own expense, make such repairs pursuant to the demised premises and the fixtures and appurtenances therein as are necessitated by the useterms of this Lease, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 including without limitation Article 8 hereof, all damage or injury to keep the Building or Premises, including demised premisesall improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to the terms of Article 11, below, Tenant shall, at ▇▇▇▇▇▇'s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to its fixturesthe terms of this Lease, appurtenances including without limitation Article 8 hereof, promptly and equipment adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by Tenant moving property in casualty, ordinary wear and tear, casualty, condemnation or out beyond the reasonable control of the Building Tenant; provided however, that, at Landlord's option, or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If if Tenant fails to make such repairs, restoration or Landlord may, but need not, make such repairs and replacements, same may be made by and Tenant shall pay Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of cost thereof, including a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, other costs or expenses arising from Landlord's involvement with such repairs and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesreplacements forthwith upon being billed for same. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operationsmay, but shall not be required to, enter the Premises at all reasonable times to perform make such repairs, alterations, improvements or additions to the same on an overtime Premises or premium to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall repair and maintain in good order, condition and repair, the structural portions of the Project (including, without limitation, foundations, exterior walls, bearing walls and support beams), the exterior windows of the Project, the roof of the Project, the Building systems and Building equipment and the Common Areas of the Project; provided, however, to the extent such Landlord-required maintenance and repairs are required to be performed as a result of the negligence or willful misconduct or breach of this Lease by Tenant, its agents, employees or invitees, Tenant shall pay basis.to Landlord as additional rent, the reasonable cost of such maintenance and repairs. Tenant hereby waives any and all rights under
Appears in 1 contract
Sources: Office Lease (Aadi Bioscience, Inc.)
Repairs. 7.01. A. Tenant shall, at its sole cost and expense, make such repairs to shall take good care of the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, and at its sole cost and expense make all repairs thereto as and when needed to preserve them the same in good working order and condition. With respect to the Building systems serving the demised premises, Tenant shall be responsible for (i) repair and maintenance of Tenant's internal air-distribution system to the point at which the same connects to the main distribution duct for the demised premises, (ii) repair and maintenance of the internal electrical system to the panel box serving the demised premises, and (iii) repair and maintenance of all plumbing fixtures and lines in and serving the demised premises to the point at which the same join the main vertical risers of the Building. All such repairs and maintenance with respect to such Building systems shall be performed by contractors or tradesmen set forth on the Approved List. As to work which does not involve Building systems, Landlord hereby agrees not to unreasonably withhold or delay its consent to Tenant's request for approval of any contractor or tradesman not on the Approved List, provided Tenant supplies Landlord with reasonable information with respect to such contractor or tradesman. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the demised premises and to its fixtures appurtenances and equipment or to the, Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be be, in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten 15 days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. .
B. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows windows, and the 'windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building.
C. Except as provided for in this Lease, Landlord shall maintain the Building to the extent customary and standard within the real estate industry for first-class office buildings in midtown Manhattan comparable to the Building and in connection therewith (but without being limited thereby), shall keep and maintain in good order and repair the following items, but only to the extent that such items affect Tenant in the conduct of Tenant's business and its use and enjoyment of, and access to and from the demised premises:
(a) the lobbies and common corridors of the Building; (b) the roof, exterior, load- bearing columns, the structural integrity of the slab floors and foundation of the Building; (c) the HVAC, electric, elevator, plumbing, fire protection and other common Building systems servicing the demised premises to the point of connection where the same enter (or connect with the riser, conduit, direct line, or shaft, as the case may be, that enters) the demised premises; (d) the exterior windows; and (e) the exterior walls; provided, however, that with respect to all of the foregoing Landlord shall not relieve be responsible for repair of (and Tenant of shall be solely responsible and liable therefor) any obligation to restoredamage, repairdefects or deficiencies thereof which shall be caused by Tenant's equipment, alterations or installations, or replace same in accordance with the immediately preceding paragraphwhich shall result from acts or omissions of Tenant, its contractors, employees, agents, representatives, licensees, subtenants or invitees.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. If Tenant shall desire a floor load in excess of that which the affected floors are designed to carry Landlord agrees (provided Landlord's architects, in their sole discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building, and further provided that such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised promises, or interfere with the occupancy of other tenants in the Building), to strengthen and reinforce the same so as to give the live load desired, provided Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question, and provided further, that Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air air-conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce produce such vibration, noise, heat or cold, unless (i) such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings greater than the vibration, noise, heat or cold affecting the fifth (5th) floor portion of the demised premises as of the date hereof and (ii) the same type as unreasonably interferes with Tenant's use and occupancy of the Buildingdemised premises.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as In making any repairs, alterations, additions or improvements in or to minimize any interference with Tenant's business operations, but shall not be required the demised premises pursuant to perform the same on an overtime or premium pay basis.this Section
Appears in 1 contract
Repairs. 7.01(a) By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, at its Tenant's sole cost and expense, make such all repairs to the demised premises Premises and every part thereof. Tenant shall, upon the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy expiration or negligence of Tenant or by the use sooner termination of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 term hereof, all damage or injury surrender the Premises to Landlord in the Building or Premisessame condition as when received, including demised premises, usual and to its fixtures, appurtenances ordinary wear and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisestear excepted. Landlord shall have no obligation with respect to alter, remodel, improve, repair, decorate or paint the Premises or any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premisespart thereof. The exterior walls parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
(b) Anything contained in Paragraph 13
(a) above to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the portions of any window ▇▇▇▇▇ outside the windows foundations, building shell, and the windows are not part of the premises demised by this Lease and Landlord reserves roof structure, all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02at Landlord's expense. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as At Tenant's expense to be reasonably objectionable to prorated through operating costs, Landlord or to any shall repair and maintain the basic plumbing, elevators, life safety systems and other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of corkbuilding systems, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noiseheating, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevatorsventilating, air conditioning and heating equipment will cause some vibrationelectrical systems installed or furnished by Landlord, noise, heat or cold which may be transmitted and perform roof repair and maintenance to other parts of the Building and demised premisesPremises. Landlord shall not be under no obligation liable for any failure to endeavor make any such repairs or to reduce perform any maintenance unless such vibration, noise, heat or cold beyond what is customary in current good building practice failure shall persist for buildings an unreasonable time after written notice of the same type as the Building.
7.04need of such repairs or maintenance is given to Landlord by Tenant. Except as otherwise specifically provided in this LeaseArticle 21 hereof, there shall be no allowance to Tenant for a diminution abatement of rental value rent and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant's business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Building or the demised 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 equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime ordinance now or premium pay basishereafter in effect.
Appears in 1 contract
Repairs. 7.01Landlord shall maintain in good condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems, roof membrane and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Project Common Areas. Subject to the terms of Article 11, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's negligence or willful misconduct, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at its sole cost and Tenant's own expense, make such repairs to keep the demised premises Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy floor or negligence of Tenant or by the use floors of the demised premises in a manner contrary to Building on which the purposes for which same are leased to TenantPremises is located, as and when needed to preserve them in good working order order, repair and condition. Except as otherwise provided in Section 9.05 hereofcondition at all times during the Lease Term, all damage or injury but such obligation shall not extend to the Building or PremisesStructure and the Building Systems except pursuant to the BS/BS Exception. In addition, including demised premisesTenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to its fixturesthe Premises and replace or repair all damaged, appurtenances broken, or worn fixtures and equipment appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by Tenant moving property in ordinary wear and tear or out beyond the reasonable control of the Building Tenant; provided however, that, at Landlord's option, or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If if Tenant fails to make such repairs, restoration or Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, same may be made by and Tenant shall pay Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of cost thereof, including a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not in excess of five percent (5%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, other costs or expenses arising from Landlord's involvement with such repairs and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesreplacements forthwith upon being billed for same. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operationsmay, but shall not be required to, enter the Premises at all reasonable times in accordance with the terms of Article 27 below to perform make such repairs, alterations, improvements or additions to the same on an overtime Premises or premium pay basisto the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to ▇▇▇▇ governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Halozyme Therapeutics, Inc.)
Repairs. 7.01(a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Tenant shallNotwithstanding the foregoing obligation, at its sole the cost and expense, make such of any repairs or maintenance to the demised premises and the fixtures and appurtenances therein as are foregoing necessitated by the use, act, omission, occupancy intentional acts or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenantits agents, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereofcontractors, all damage employees, invitees, licensees, tenants or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other propertyassigns, shall be repaired, restored or replaced promptly borne solely by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid deemed Rent hereunder and shall be reimbursed by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesupon demand. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same on an overtime in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or premium pay basisdangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Sources: Lease Agreement (Tenera Inc)
Repairs. 7.01. Tenant shallALTERATIONS, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat AND IMPROVEMENTS; STATE OF REPAIR ON TERMINATION; FUTURE DEVELOPMENT AND LESSEE'S OPTIONS WITH RESPECT THERETO Lessee agrees that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord Lessor shall be under no obligation to endeavor rebuild, replace, maintain or make any repairs to reduce such vibrationthe leased premises, noiseor to the improvements thereon, heat during the lease term or cold beyond what any renewal thereof. Lessee shall, at all times during the lease term or any renewal thereof, and at its own cost and expense, put, keep, replace and maintain in thorough repair and good, safe and substantial order and condition, except for ordinary wear and tear, all buildings and improvements erected on the leased premises, or forming a part thereof (including all building equipment which is customary in current good building practice for buildings an integral part of the same type building structures), both inside and outside, structural and non-structural, extraordinary and ordinary. Lessor agrees that Lessee may make or permit to be made such alterations and improvements to the leased premises as Lessee may deem desirable for the Building.use thereof and may, at Lessee's option and without cost to Lessor, at any time and from time to time during the original lease term, or during any option period hereinafter provided for, do any one or more of the following, to wit:
7.04I. Alter or remodel any building or improvements on the leased premises, provided the market value of any building or improvements so altered or remodeled is not adversely affected thereby; and/or
II. Except as otherwise specifically provided in this LeaseConstruct an addition, there or additions thereto; and/or
III. Raze any building or improvement situated on the leased premises and erect on the leased premises a new building or improvement which shall be no allowance to Tenant for of a diminution value not less than the market value of rental value and no liability the building or improvement so razed at the time of its demolition; and/or
IV. Construct an additional new building or buildings on the part of Landlord leased premises; provided that Lessee shall first obtain any building and alteration permits that may be required by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion governmental authorities having jurisdiction and provided further that Lessee shall complete construction of the Building new building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be improvement required to perform the same on an overtime or premium pay basis.by clause III above within
Appears in 1 contract
Sources: Lease Agreement (SFG Capital Corp)
Repairs. 7.01. Tenant shall, at its own expense, keep the Premises in good and sanitary condition and working order and repair (including, without limitation, any and all carpeting, wallcovering, doors, plumbing and other fixtures, equipment, alterations, and improvements contained within the Premises and exclusively servicing the Premises, whether any of the foregoing was installed by Landlord or Tenant), and in conformity with all Laws, except if Landlord elects to make such repairs at Tenant's expense as hereinafter provided. Tenant shall promptly and adequately repair all damage to the Premises caused by Tenant or any of its employees, agents, licensees, invitees or contractors, including replacing or repairing all damaged or broken glass, fixtures and appurtenances resulting from any such damage, with materials approved in advance by Landlord and within any reasonable period of time approved by Landlord. Landlord may, but shall have no obligation to, elect to make any or all repairs on Tenant's behalf at Tenant's sole cost or, upon Tenant's request, perform any such repairs at Tenant's sole cost. In either case where Landlord has made such election to perform repairs, Tenant shall pay the cost thereof and, in addition, Tenant shall pay to Landlord an amount equal to fifteen percent (15%) of such cost as an overhead and expensesupervision fee. If Tenant does not make repairs within a reasonable time and adequately when required to do so (Landlord having not previously elected to do so), Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord, on written demand, the cost thereof. Subject to the demised premises foregoing, at Landlord's election, any repairs, maintenance or replacements made by Tenant shall either be through Landlord for such reasonable charges as Landlord may from time to time establish, or such contractors as Landlord generally uses at the Property or such other contractors as Landlord shall first approve in writing, and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a first class, workmanlike manner contrary approved by Landlord in advance in writing, such approval not to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installationsunreasonably withheld. If Tenant fails to does not promptly make such arrangements, Landlord may, but need not, make such repairs, restoration or maintenance and replacements, same may be made and the costs paid or incurred by Landlord therefor, with interest at the expense of Default Rate (as defined in Article 25) on the amounts owed by Tenant and such expense to Landlord, shall be collectible as additional rent and shall be paid reimbursed by Tenant within ten days promptly after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.request
Appears in 1 contract
Repairs. 7.01Tenant shall at Tenant's own expense and pursuant to the terms of this Lease, including without limitation Article 9 hereof, keep the Premises, including all improvements, fixtures and furnishings therein in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at its sole cost Tenant's own expense but under the supervision and expense, make such repairs subject to the demised premises prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 9 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances therein as are necessitated by the useappurtenances; provided however, actthat, omissionat Landlord's option, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If if Tenant fails to make such repairsrepairs within 10 days (or, restoration or if such repairs cannot be made within said 10 day period despite Tenant's diligent and continuous efforts, said 10 day period shall be extended for so long as Tenant is diligently and continuously pursuing same but in no event longer than an additional 20 days), Landlord may, but need not, make such repairs and replacements, same may be made by and Tenant shall pay Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of cost thereof, including a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior percentage of the Building and public portions of cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, all structural elements of the Buildinggeneral conditions, air-conditioning cooling towers on the roof, fees and all building systems serving the demised premises, including pipes, lines other costs or expenses arising from Landlord's involvement with such repairs and the like located outside of the demised premisesreplacements forthwith upon being billed for same. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operationsmay, but shall not be required to, enter the Premises at all reasonable times to perform make such repairs, alterations, improvements and additions to the same on Premises or to the Building or to any equipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by the terms of this Lease or by governmental or quasi-governmental authority or court order or decree, and any such entry shall not be deemed to be or shall be construed as an overtime or premium pay basiseviction of Tenant.
Appears in 1 contract
Sources: Office Lease (CPS Systems Inc)
Repairs. 7.01. Tenant shall, at its sole cost Except for ordinary wear and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there Tenant shall at all times during the Term hereof, at its sole expense, keep the Premises and every part thereof in good order, repair and condition, and Tenant shall arrange with Landlord at Tenant's sole expense for the prompt repair of all damages to the Premises and the replacement or repair of all damages or broken glass, fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Premises), with materials equal or superior 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 no allowance to Tenant for a diminution of rental value deemed Additional Rent reserved under this Lease due and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereofpayable forthwith. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operationsand its designees may, but shall not be required to, enter the Premises at all reasonable times to perform make any repairs, alterations, improvements or additions, including, but not limited to, ducts and all other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for the same on an overtime safety, preservation or premium pay basisimprovement of the Building, or as Landlord may be required to do by any governmental authority or court order or decree. The cost of all repairs to the Property made necessary as a result of misuse or neglect by Tenant or Tenant's employees, invitees or agents shall be immediately paid as Additional Rent by Tenant to Landlord upon being billed for same.
Appears in 1 contract
Sources: Office Lease (Universal Access Inc)
Repairs. 7.01Landlord's sole responsibility for repair work is to keep the ------- roof and exterior walls of the building leak free and to make all structural repairs necessary to the roof or exterior walls of the building where the need for such structural repairs is not caused by any act or omission of the Tenant or the Tenant's agents, employees or invitees. "Structural repairs" means repairs necessary to keep the building from collapsing or sagging, or to prevent the Premises from being condemned because of structural insufficiency. Landlord shall also be responsible for maintaining and repairing the Property and the major plumbing and utility service lines on the Property to the perimeter of the Premises; provided, however, that Tenant shall be responsible for repairs caused by the Tenant, such as a plumbing clog. Tenant shallacknowledges that the Premises are in good condition and that all fixtures, at its sole cost and expense, make such repairs to the demised premises and the fixtures equipment and appurtenances therein are I good working order, and agrees to maintain the Premises in the same condition, order and repair as they are necessitated by at tire commencement of this Lease, and agrees to make all repairs and replacements in and about the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed necessary to preserve them in good working order and condition. Except as otherwise provided , which repairs and replacements made by Tenant shall be in Section 9.05 hereof, all damage or injury equal quality and class to the Building or original work. Tenant shall also maintain, repair and replace the air conditioning units serving the demised Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by . Tenant moving property in or out shall promptly pay the expense of the Building or by installation or removal by Tenant of furnitureany such repairs. All additions, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, Improvements which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in except movable furniture and fixtures, shall become the demised premises, or exclusively serving the demised premises. The exterior walls property of the BuildingLandlord and remain upon the Premises as a part thereof, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance be surrendered with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor Premises at the termination of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on at the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion option of the Building Landlord. If landlord elects to allow Tenant to remove such fixtures or additions, Tenant shall repair any damage caused by such removal. Tenant shell not demolish, replace or materially alter the building containing the demised premises Premises, or any part then, whether voluntary or in connection with any repair or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be restoration required to perform the same on an overtime or premium pay basisby this Lease.
Appears in 1 contract
Sources: Lease (Eco Rx Inc)
Repairs. 7.01. 10.1 Tenant shallshall take good care of the Premises and, at its sole Tenant's cost and expense, shall make such all repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenantreplacements, as and when needed Landlord deems reasonably necessary, to preserve them the Premises in good working order and in a clean, safe and sanitary condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Worknot be liable for and, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree except as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this LeaseArticle 15 hereof, there shall be no allowance abatement of Annual Base Rental with respect to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to or interference with ▇▇▇▇▇▇'s business arising from the making of any repairs, alterationsmaintenance, additions alteration or improvements improvement in or to any portion of the Building or Building, including the demised premises Premises, or in or to the fixtures, appurtenances and equipment therein.
10.2 All repairs and replacements made by or equipment thereof. Landlord on behalf of Tenant or any person claiming through or under Tenant shall exercise reasonable diligence so as to minimize any interference with be made and performed (a) at Tenant's business operationscost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same shall be at least equal in quality, value, and utility to the original work or installation, (d) in accordance with the Rules and Regulations for the Building adopted by Landlord from time-to-time and in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the Premises, (e) pursuant to plans, drawings and specifications which have been reviewed and approved by Landlord prior to the commencement of the repairs or replacements and subject to all other terms and conditions of this Lease, including, but not limited to, Article 11. If Landlord gives Tenant notice of the necessity of any repairs or replacements required to be made under Section 10.1 and Tenant fails to commence diligently to effect the same within ten (10) days thereafter, Landlord may proceed to make such repairs or replacements and the expenses incurred by Landlord in connection therewith shall be due and payable from Tenant upon demand as Additional Rent; provided, that ▇▇▇▇▇▇▇▇'s making any such repairs or replacements shall not be required deemed a waiver of Tenant's default in failing to perform make the same on an overtime same. In addition, should Landlord determine that emergency repairs or premium pay basisreplacements of the Premises are necessitated, then Landlord may proceed to make such repairs or replacements without prior notice to the Tenant and the reasonable expenses incurred by Landlord in connection therewith shall be due and payable from Tenant upon demand as Additional Rent.
Appears in 1 contract
Sources: Office Lease (Mastech Corp)
Repairs. 7.01. 10.01 Subject to Section 10.02 below, Tenant shall, at all times and at its sole cost and expense, make keep all applicable parts of the Premises (including without limitation the Tenant Improvements and Tenant Alterations, windows, glass and plate glass, doors (including, without limitation, overhead and roll up doors), exterior stairs, skylights, any special office entries, interior walls and finish work, floors and floor coverings), interior and exterior, and all equipment and facilities within or serving the Premises, in good order, condition and repair regardless of whether the portion of the Premises requiring repairs, or the means of repairing same, are reasonably or readily accessible, and regardless of whether the need for such repairs or maintenance occurs as a result of Tenant’s use, any prior use, vandalism, acts of third parties, Force Majeure (as defined in Article 26 below) or the age of the Premises, reasonable wear and tear excepted. The standard for comparison of condition will be the condition of the Premises as of the original date of Landlord’s delivery of the Premises and failure to meet such standard shall create the need to repair. If Tenant does not perform required maintenance or repairs, Landlord shall have the right, without waiver of Default or of any other right or remedy, to perform such obligations of Tenant on Tenant’s behalf, and Tenant will reimburse Landlord for any costs incurred, together with an administrative fee in an amount equal to 10% of the cost of the repairs, within five (5) days following Landlord demand.
10.02 Landlord shall perform the repair and maintenance of the roof, exterior walls, exterior areas and any other maintenance and repair of exterior, structural, and/or common elements, provided, Tenant shall reimburse Landlord for 100% of any such expense incurred by Landlord due to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy act or negligence omission of Tenant or any Tenant Entity. Tenant expressly waives the benefit of any statute or other legal right now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense, whether by deduction of rent or otherwise, or to terminate this Lease because of Landlord’s failure to keep the use of the demised premises in a manner contrary to the purposes for which same are leased to TenantProperty, as and when needed to preserve them or any part thereof in good working order order, condition and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Sources: Industrial Lease Agreement (CLS Holdings USA, Inc.)
Repairs. 7.01Landlord shall maintain the roof and exterior walls of the Building and the Premises in good repair, except that Tenant shall have the responsibility for the maintenance repair and replacement of all glass, doors (interior and exterior), windows, and doorways of the Premises. Tenant shallshall also be responsible for repair, replacement and maintenance of any exterior walls if the necessity therefore should be the result of Tenant's negligence or the negligence of any agent, employee, or licensee of Tenant. Tenant shall keep the interior of the Premises in good repair, maintaining, where necessary, all electrical, plumbing, heating, air conditioning and other mechanical installations and systems servicing only the Premises, as well as damage to plumbing and other systems inside of the Premises if caused by the acts or omissions of Tenant, or Tenant's agents, employees, invitees or licensees inside the Premises. Tenant shall effect all such maintenance, repairs and replacements at its sole cost own expense and expense, make such repairs employing materials and labor of a kind and quality equal to the demised premises and original installations. If Tenant shall fail to maintain, repair or replace equipment or other installations in or about the fixtures and appurtenances therein Premises as are necessitated by the useabove provided, actLandlord, omission, occupancy or negligence of immediately after giving Tenant or by the use notice of the demised premises in a manner contrary necessity for such maintenance, repair or replacement may accomplish the required work and add the costs thereof to the purposes next due rental installment(s) but Tenant shall not be liable to the Landlord for which same are leased any failure to Tenantfulfill the obligations of this paragraph until such time as the Tenant shall be notified, as aforesaid, in writing of the requirement therefore, provided however, in the event of a bona fide emergency, Landlord need not give such notice to Tenant prior to performing such work. With regard to hearing and when needed air conditioning systems in the Premises, Landlord shall provide for the same to preserve them be in good working order upon Tenant's occupancy of the Premises. In addition, Tenant shall maintain at Tenant's sole expense a maintenance and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury service contract with a reputable heating and a1r conditioning service company for the heating and air conditioning systems and provide that such service contract shall not be canceled for any reason without a ten ( l 0) day notice to the Building or Premises, including demised premisesLandlord, and deliver to its fixtures, appurtenances and equipment caused by Tenant moving property in or out Landlord a copy of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installationssuch maintenance service contract. If Tenant fails to make maintain such repairscontract or if Tenant fails to repair, restoration maintain or replacementsreplace if caused by failure to maintain the heating and air conditioning system as needed, same may be made by Landlord at its sole option may accomplish the expense of Tenant same and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject the costs thereof to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines Tenant as Additional Rent and the like located outside failure to pay the same within thirty (30) days of submission of Invoice for the demised premises. Landlord shall have no obligation with respect same to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor be an event of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premisesdefault herein. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice responsible for buildings the replacement of required components of the same type HV AC units as the Building.
7.04. Except required, so long as otherwise specifically provided in Tenant maintains HVAC units to servicing requirements of this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Sources: Lease Agreement
Repairs. 7.01. A. Tenant shall, at its sole cost and expenseexpenses, make such repairs to the demised premises Demises Premises and the fixtures and appurtenances therein as are necessitated by the use, actwillful misconduct, omission, occupancy or negligence of Tenant (and except for fire or other casualty caused by Tenant's negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated by this provision) or by the use of the demised premises Demised Premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all .
B. All damage or injury to the Building or Premises, including demised premises, Demised Premises and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, and for which Landlord has not been and will not be reimbursed by insurance, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. .
C. If Tenant fails to make such repairs, restoration restorations or replacements, same Landlord, after ten (10) days advance notice to Tenant, may be made by Landlord make such repairs, restorations or replacements at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten fifteen (15) days after rendition of a ▇▇▇▇ therefor. Subject Landlord, at its expense, shall effect all necessary repairs in and to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior Demised Premises which are not the obligation of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. Tenant hereunder.
D. The exterior walls of the Buildingbuilding, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease Demised Premises and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce responsible for the maintenance and repair of such vibrationexterior walls, noise, heat or cold beyond what is customary in current good building practice for buildings portions of the same type window ▇▇▇▇▇ and windows, except for any repair required as a result of the Buildingnegligence or willful acts of Tenant, its agents or employees, which repair Landlord shall effect at Tenant's sole cost and expense.
7.04. Except as otherwise specifically provided in this LeaseE. All repairs made by or on behalf of Tenant, there or any person claiming through or under Tenant, shall be no allowance made and performed in conformity with the provisions of Section 15 and Section 11 and shall be at least equal in quality and class to Tenant the original work or installation or the then standards for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basisestablished by Landlord.
Appears in 1 contract
Repairs. 7.017.1. Tenant shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by normal wear and tear or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant or the performance of Alterations by or for Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 9.04 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installationsinstallations but Tenant shall not be responsible and Landlord shall be responsible for any such repairs, restorations or replacements as are required by Landlord's negligence or willful misconduct except to the extent that Tenant shall be compensated therefor by the proceeds of insurance or would be compensated thereof or if it had obtained the insurance coverage required under Article 9 hereof. If Tenant fails to make such repairs, restoration or replacementsreplacements for which Tenant is responsible hereunder, then, upon ten (10) days prior notice (except that no such notice shall be required in case of an emergency), same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten 20 days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.027.2. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.(i.
Appears in 1 contract
Sources: Lease Agreement (Priceline Com Inc)
Repairs. 7.01(a) By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair however, partial occupancy and rent commencement will not interfere with Landlord's obligation to complete Tenant Improvements. Tenant shall, when and if needed or whenever requested by Landlord to do so, at its Tenant's sole cost and expense, maintain and make such repairs to the demised premises Premises and every part thereof, to keep, maintain and preserve the fixtures Premises in first class conditions, excepting ordinary wear and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as tear. Any such maintenance and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, repairs shall be repairedperformed by Landlord's contractor, restored or replaced promptly by Tenant at its sole cost a Landlord's approved contractor or contractors. All costs and expense, which repairs, restorations expenses incurred in such maintenance and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and repair shall be paid by Tenant within ten seven (7) days after rendition of a ▇▇▇▇ thereforbilling by Landlord or such contractor or contractors. Subject to Tenant's obligations set forth above, Landlord Tenant shall maintain and repair upon the exterior expiration or sooner termination of the Building term hereof surrender the Premises to Landlord in the same condition as when received, reasonable wear and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisestear excepted. Landlord shall have no obligation with respect to alter, remodel, improve, repair, decorate or paint the Premises or any items included part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
(b) Anything contained in Tenant's Extra WorkSubparagraph 15(a) above to the contrary notwithstanding, or constructed or installed in Landlord shall repair and maintain the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls structural portions of the Building, including the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Buildingbasic plumbing, but the foregoing shall not relieve Tenant of any obligation to restoreheating, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevatorsventilating, air conditioning and heating equipment will cause some vibrationelectrical systems installed or furnished by Landlord, noiseunless such maintenance and repairs are caused in part or in whole by the act, heat neglect, fault of or cold omission of any duty by Tenant, its agents, servants, employees or invitees, in which may be transmitted case Tenant shall pay to other parts Landlord as additional rent, the reasonable cost of the Building such maintenance and demised premisesrepairs. Landlord shall not be under no obligation liable for any failure to endeavor make any such repairs, or to reduce perform any maintenance unless such vibration, noise, heat or cold beyond what is customary in current good building practice failure shall persist for buildings an unreasonable time after written notice of the same type as the Building.
7.04need of such repairs or maintenance is given to Landlord by Tenant. Except as otherwise specifically provided in this Lease, Paragraph 22 hereof there shall be no allowance to Tenant for a diminution abatement of rental value rent and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant's business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Building or the demised 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 equipment thereofordinance now or hereafter in effect. Landlord Notwithstanding anything to the contrary contained in Subparagraphs (a) and (b) of this Paragraph 15, Tenant shall exercise reasonable diligence so as maintain and repair at its sole cost and expense, and with maintenance contractors approved by Landlord, all non-base building facilities, including lavatory, shower, toilet, washbasin and kitchen facilities and heating and air conditioning systems, including all plumbing connected to minimize any interference with Tenant's business operations, but said facilities or systems installed by Tenant or on behalf of Tenant or existing in the Premises at the time of delivery of possession of the Premises to Tenant by Landlord. The provisions of the immediately preceding sentence shall not be required apply to perform the same on an overtime or premium pay basisbasic heating and air conditioning system provided by Landlord to all tenants of the Building.
Appears in 1 contract
Sources: Lease Agreement (Synon Corp)
Repairs. 7.01The Sublessee shall keep in good order, condition and repair the Subleased Premises (including, without limitation, the Parking Garages and all of the other improvements constituting the Subleased Premises), whether or not the need for such repair occurs as a result of Sublessee's use, any prior use, the elements or the age of such portion of the Subleased Premises. Tenant The Sublessee shall, at its sole cost and expense, make such provide all maintenance, including preventative maintenance, repairs and replacements, as necessary, to the demised premises Subleased Premises and the fixtures Parking Garages, including, but not limited to, the pavement, driveways, lighting, mechanical equipment, fixtures, floor coverings, building interior and appurtenances therein as are necessitated exterior walls, structural, roof, ceilings, plumbing, heating, electrical and life safety systems installed or furnished by the useSublessee. The Sublessee shall not commit, actor suffer to be committed, omissionany waste in or upon the Subleased Premises. All maintenance, occupancy or negligence of Tenant or by the use of the demised premises repairs and replacements shall be performed in a manner contrary and level of service consistent with the Shopping Center. All repairs made by the Sublessee shall be substantially equal in quality and class to the purposes for which same are leased original quality of the improvement being repaired. Any such repairs shall be promptly and diligently performed and completed. It is clearly intended by the parties hereto that the City have no obligation, in any manner whatsoever, to Tenantrepair or maintain the Subleased Premises, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereofthe improvements thereon or the equipment therein, whether structural or non-structural, all damage or injury of which obligations are intended to the Building or Premises, including demised premises, be assumed and to its fixtures, appurtenances performed solely by Sublessee and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its Sublessee's sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Sources: Sublease Agreement
Repairs. 7.01(a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Tenant shallNotwithstanding the foregoing obligation, at its sole the cost and expense, make such of any repairs or maintenance to the demised premises and the fixtures and appurtenances therein as are foregoing necessitated by the use, act, omission, occupancy intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the use Demised Premises except structural repairs necessary for safety and tenantability, the necessity for which (i) Landlord is notified in writing by Tenant, and (ii) is not brought about by any act or neglect of Tenant, its agents, employees or contractors, licensees, or invitees.
(b) Tenant covenants and agrees that it will take good care of the demised premises Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in a manner contrary good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the purposes cost of such repairs or maintenance or the curing of such defect. Landlord shall not be liable to Tenant for which same are leased damage to Tenant, as and when needed to preserve them person or property caused by any latent defects in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or the Demised Premises, including demised premisesdefects in the cooling, and to its fixturesheating, appurtenances and equipment caused electric, water, elevator or other apparatus or systems or by Tenant moving property water discharged from sprinkler systems, if any, in or out of the Building or the Demised Premises, nor for the theft, mysterious disappearance, or loss of any property of Tenant or Tenant's agents, employees, contractors, licensees, or invitees, whether from the Demised Premises or any part of the Building. To the fullest extent permitted by installation law, Tenant hereby waives all rights to make repairs at the expense of Landlord or removal in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
(c) Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole own cost and expenseexpense keep and maintain the Demised Premises and all parts thereof in good repair and tenantable condition and indemnify Landlord against any loss, which repairsdamage, restorations or expense arising by reason of any failure of Tenant so to keep the Demised Premises in good repair and replacements shall be in quality and class equal tenantable condition or due to the original work any act or installationsneglect of Tenant, its agents, employees, contractors, invitees, or licensees. If Tenant fails to make perform, or cause to be performed, such maintenance and repairs, restoration then at the option of Landlord, in its sole discretion, any such maintenance or replacements, same repair may be made performed or caused to be performed by Landlord and the cost and expense thereof shall be charged to Tenant, and Tenant shall pay the amount thereof to Landlord on demand as Additional Rental. Tenant shall not install X-ray machines or other equipment which emits radiation in the Demised Premises without Landlord's approval, which approval shall not be unreasonably withheld. Landlord's withholding of consent shall not be unreasonable if, by way of illustration and not limitation, adequate protection for the safety of people is not installed in connection with such equipment. Tenant hereby accepts the risks of and all responsibility for any injury or damage which may result from the operation or failure of operation of any such X-ray equipment or other equipment which emits radiation. All equipment owned or operated by Tenant must be installed and protected in a manner satisfactory to Landlord and in compliance with all governmental regulations. Tenant will be obligated to obtain and maintain at its expense any permits, licenses or approvals required in connection with its use of the expense Demised Premises or in connection with any equipment of Tenant in the Demised Premises. All repairs, replacements and such expense clearing of stoppages from plumbing fixtures within the Demised Premises, as well as repair or replacement of special or non-standard electrical fixtures, lights and light bulbs within the Demised Premises (other than standard 2x4 lights), and the furnishing of toilet paper and paper towels to toilets and sinks located within the Demised Premises shall be collectible as additional rent at Tenant's expense.
(d) Tenant agrees to conform to Landlord's signage program for the Building; however, all costs and expenses for any sign, sign installation, removal and repair shall be paid by Tenant. Tenant within ten days after rendition shall obtain the written approval of a ▇▇▇▇ therefor. Subject Landlord prior to Tenant's obligations set forth aboveplacing and maintaining, Landlord shall maintain or causing or permitting to be placed and repair maintained, any sign, advertising matter or other thing of any kind, on the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra WorkDemised Premises, or constructed any decorating, lettering or installed in advertising matter on any exterior door to the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02Demised Premises. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed affix or attach anything to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant windows in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the BuildingDemised Premises.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Repairs. 7.01. Tenant Subject to Article X hereof, Lessee shall, during the term of this Lease, at its sole cost and Lessee's expense, make such repairs to keep the demised premises Premises in as good order, condition and repair as they were at the fixtures time Lessee took possession of the same, reasonable wear and appurtenances therein as are necessitated tear and damage from fire and other casualties excepted. Lessee shall keep the Premises in a neat and sanitary condition, and Lessee shall not commit any nuisance or waste on the Premises or in, on or about the Complex, throw foreign substances in the plumbing facilities, or waste any of the utilities furnished by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and conditionLessor. Except as otherwise provided in Section 9.05 hereof, all All uninsured damage or injury to the Building Premises or Premisesto the Complex caused by Lessee moving furniture, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property or other devices in or out of the Building Premises or the Complex or by installation or removal by Tenant of furniture, fixtures fixtures, equipment, devices or other propertyproperty of Lessee or its agents, contractors, servants or employees, due to carelessness, omission, neglect, improper conduct or other cause of Lessee or its servants, employees, agents, visitors or licensees, shall be repaired, restored or and replaced promptly by Tenant Lessee at its sole cost and expense, which expense to the same condition as existed immediately prior to such damage. All repairs, restorations and replacements shall be in quality and class equal to the original work work. For the duration of the term hereof, Lessee shall be obligated to maintain a maintenance contract for the mechanical equipment serving the Premises, and Lessee shall provide evidence of said contract to Lessor (i) concurrently with the commencement of the term of this Lease, and (ii) at such other times as Lessor may reasonably require. Lessor and its employees and agents shall have the right to enter the Premises during or installations. If Tenant fails as a result of any emergency, or at any reasonable time or times after giving Lessee reasonable advance notice for the purpose of inspection, cleaning, repairs, altering or improving the same but nothing con- tained herein shall be construed as imposing any obligation on Lessor to make any repairs, alterations or improvements which are the obligation of Lessee. In completing such repairs, restoration or replacementsalterations and improvements, same may be made by Landlord at the expense of Tenant and such expense Lessor shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise use commercially reasonable diligence so as efforts to minimize any interference with Tenantmaterial adverse impact on the ability of Lessee to engage in Lessee's business operations, but in the Premises. Lessor and Lessee shall not meet at least ten (10) days prior to Lessee vacating the Premises for the express purpose of conducting a joint inspection of the Premises to determine the scope of Lessee's responsibility for repairs and restoration to be required completed prior to perform Lessee vacating the same on an overtime or premium pay basisPremises.
Appears in 1 contract
Sources: Lease (Papa Johns International Inc)
Repairs. 7.01Tenant shall, at its sole cost, keep and maintain the Leased Premises and appurtenances and every part thereof (excepting foundations, exterior walls, exterior glass and frames (to extent installed by Landlord) and structural elements including roofs which Landlord agrees to repair) including by way of illustration and not by way of limitation all windows, doors, any store front and the interior of the Leased Premises, including all plumbing, heating, air conditioning, sewer, electrical systems and all fixtures and all other similar equipment serving the Leased Premises in good and sanitary order, condition, and repair, reasonable wear and tear and fire and casualty excepted. Tenant shall be responsible for all pest control within the Leased Premises, including, but not limited to the eradication of any ants or termites should infestation be observed during the term of the Lease. Tenant shall, at its sole cost cost, keep and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, maintain all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furnitureutilities, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibrationin good order, noisecondition, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building and repair, reasonable wear and tear and fire and casualty excepted. All windows shall be placed washed and maintained cleaned as often as necessary to keep them clean and free from smudges and stains. In the event Tenant fails to maintain the Leased Premises as required herein or fails to commence repairs (requested by Tenant at its expense Landlord in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent writing) within thirty (30) days after such vibration or noiserequest, or prevent transmission of fails diligently to proceed thereafter to complete such cold or heat. The parties hereto recognize that the operation of elevatorsrepairs, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation have the right in order to endeavor preserve the Leased Premises or portion thereof, and/or the appearance thereof, to reduce make such vibration, noise, heat repairs or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to have a contractor make such repairs and charge Tenant for a diminution the cost thereof as additional rent, together with interest at the rate of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising twelve percent (12%) per annum from the date of making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basissuch payments.
Appears in 1 contract
Repairs. 7.01a. By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed or whenever requested by Landlord to do so, at its Tenant's sole cost and expense, make such all repairs to the demised premises Premises and every part thereof, including all interior windows and doors. Tenant shall, upon the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy expiration or negligence of Tenant or by the use sooner termination of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 Term hereof, all damage surrender the Premises to Landlord in the same condition as when received, except for normal wear and tear or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made any alterations that have been approved by Landlord as designated in advance in writing at the expense time of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to TenantLandlord's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesapproval. Landlord shall have no obligation with respect to alter, remodel, improve, repair, decorate or paint the Premises or any items included part thereof except as specifically provided in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premisesExhibits "B" and "B-1". The exterior walls 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.
b. Anything contained in Subparagraph 15.a. above to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, the portions foundation, the structural roof lid ( including its water tightness), the basic plumbing, heating, ventilating, air conditioning, and electrical systems furnished or installed by Landlord unless such maintenance and repair is caused in whole or in part by the negligent act, neglect, fault of or the omission of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised duty by this Lease and Landlord reserves all rights to such parts of the BuildingTenant, but the foregoing shall not relieve Tenant of any obligation to restoreits agents, repairservants, employees, guests, invitees, officers or replace same directors, in accordance with the immediately preceding paragraph.
7.02. which case Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable pay to Landlord as additional rent the reasonable cost of such maintenance or to any other tenant repair. The reasonable cost of all such repair and maintenance shall be included in the Building shall be placed and maintained expenses passed through to Tenant by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premisesLandlord as Additional rent. Landlord shall not be under liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time not to exceed twenty one (21) days, unless said repair or maintenance cannot be reasonably completed within said twenty one day period, in which case Landlord shall diligently make such repair, in no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising event later than ninety (90) days from the making effective date of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required notice to perform the same on an overtime or premium pay basisLandlord.
Appears in 1 contract
Sources: Office Lease (Loudeye Corp)
Repairs. 7.01SECTION 1. Landlord shall maintain the foundations, exterior walls (except plate glass or other breakable material used in structural portions) and roof of the shopping center in good repair, ordinary wear and tear excepted. Except for costs of routine maintenance and repair, any costs of such maintenance and repairs which is not covered by insurance shall be borne by Landlord. If the need for any such repair is directly or indirectly attributable to or results from the business activity being conducted within the Premises or becomes necessary by reason of the negligence of Tenant, its agents, servants, employees, or anyone else for whose acts Tenant shallis responsible or by reason of anyone illegally entering in or upon the Premises, and if such repair is caused by a risk which cannot be covered by standard fire and extended coverage insurance and is not covered by other insurance, Tenant agrees to reimburse Landlord for all costs and expenses incurred by Landlord with respect to any such repair. Landlord shall commence repairs it is required to perform as soon as, reasonably practicable after receiving written notice from Tenant of the necessity for such repairs. Landlord shall not be obligated to make repairs, replacements or improvements of any kind to the Premises, or any equipment, facilities or fixtures contained 18 therein or appurtenant thereto, even if such equipment, facilities, or fixtures are located outside the Premises.
SECTION 2. Tenant, at its sole own expense, shall maintain the Premises at all times in good order, condition and repair of equal quality with the original work, ordinary wear and tear excepted, and in a clean, sanitary and safe condition in accordance with all applicable laws, ordinances and regulations; including, without limitation, all plumbing, sewage, ventilating and electrical systems exclusively serving the Premises, doors, windows, floors and floor coverings, interior walls and all interior painting and decorating, and all equipment, facilities, fixtures and appurtenances. Tenant shall permit no waste, damage, or injury to the Premises. If Tenant refuses or neglects to commence necessary repairs within a reasonable period (no longer than five (5) consecutive days) after written request, or does not adequately complete such repairs within a reasonable time thereafter, Landlord may make the repairs without liability to Tenant for any loss or damage that may occur to Tenant's stock or business by reason thereof, and if Landlord makes such repairs, Tenant shall pay to Landlord, on demand, the costs thereof.
SECTION 3. Tenant shall replace forthwith, at its own cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy any cracked or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation broken glass with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings glass of the same type as quality, including plate glass or glass or other breakable materials used in structural portions, and in any interior and exterior windows and doors in the BuildingPremises.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Repairs. 7.01. 12.01 Tenant shallshall take good care of the Premises, at its sole cost including, without limiting the generality of the foregoing, the Building, all Equipment, roofs, foundations and expenseappurtenances thereto, make such repairs all sidewalks, and curbs in front of or adjacent to the demised premises Premises, and all water, sewer and gas connections, pipes and mains which service the fixtures Premises and appurtenances which neither City nor a utility company is obligated to repair and maintain, and shall put, keep and maintain the Building in good and safe order and working condition, and make all repairs therein as are necessitated by and thereon, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, necessary to keep the usesame in good and safe order and working condition and to comply with all applicable Requirements, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary consistent with the standards of operation and maintenance employed at buildings and improvements located in the Greater Metropolitan Denver area of comparable size, age and class as the Building, normal wear and tear excepted (the "Maintenance Standard"). Tenant shall not commit or suffer, and shall use all reasonable precaution to the purposes for which same are leased to Tenantprevent, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereofwaste, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment When used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there the term "repairs" shall include all alterations, additions, installations, replacements, removals, renewals and restorations. All repairs made by Tenant shall be no allowance to Tenant for a diminution of rental value at least consistent with the Maintenance Standard and no liability on the part of shall be made in compliance with all Requirements, as then in force.
12.02 Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform furnish any services, utilities or facilities whatsoever to the same Premises, nor shall Landlord have any duty or obligation to make any alteration, change, improvement, replacement, restoration or repair to, or to demolish, the Building or any other improvement presently or hereafter located on an overtime or premium pay basisthe Land. Tenant assumes the full and sole responsibility for the condition, operation, repair, alteration, improvement, replacement, maintenance and management of the Premises.
Appears in 1 contract
Repairs. 7.01(a) By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, at its Tenant's sole cost and expense, make such all repairs to the demised premises Premises and every part thereof. Tenant shall, upon the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy expiration or negligence of Tenant or by the use sooner termination of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 term hereof, all damage or injury surrender the Premises to Landlord in the Building or Premisessame condition as when received, including demised premises, usual and to its fixtures, appurtenances ordinary wear and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisestear excepted. Landlord shall have no obligation with respect to alter, remodel, improve, repair, decorate or paint the Premises or any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premisespart thereof. The exterior walls parties hereto affirm that Landlord has made no representations to tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
(b) Anything contained in Paragraph 13(a) above to the contrary notwithstanding. Landlord shall repair and maintain the structural portions of the Building, including the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Buildingbasic plumbing, but the foregoing shall not relieve Tenant of any obligation to restoreheating, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevatorsventilating, air conditioning and heating equipment will cause some vibrationelectrical systems installed or furnished by Landlord, noiseunless such maintenance and repairs are caused in part or in whole by the act, heat neglect, or cold omission of any duty by Tenant, its agents, servants, employees or invitees, in which may be transmitted case Tenant shall pay to other parts Landlord, as additional rent, the reasonable cost of the Building such maintenance and demised premisesrepairs. Landlord shall not be under no obligation liable for any failure to endeavor make any such repairs or to reduce perform any maintenance unless such vibration, noise, heat or cold beyond what is customary in current good building practice failure shall persist for buildings an unreasonable time after written notice of the same type as the Building.
7.04need of such repairs or maintenance is given to Landlord by Tenant. Except as otherwise specifically provided in this LeaseArticle 21 hereof, there shall be no allowance to Tenant for a diminution abatement of rental value rent and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant's business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Building or the demised 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 equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime ordinance now or premium pay basishereafter in effect.
Appears in 1 contract
Sources: Office Building Lease (Virtual Mortgage Network Inc)
Repairs. 7.01. Tenant shall, at its sole cost and expense, be responsible for the maintenance and repair of the demised premises (including all bathrooms and other sanitary facilities located therein), and keep same in good order and condition, including all necessary painting and decorating, and make such repairs to the demised premises and the fixtures and appurtenances therein as and when needed to preserve them in good working order and condition (except that as to structural repairs, Landlord shall be obligated to make same unless they are necessitated by the use, any act, omission, occupancy or negligence of Tenant in violation of Tenant’s obligation under this Lease or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as in which case Tenant shall be so obligated). Tenant shall keep all glass, including windows, doors and when needed to preserve them skylights, clean and in good working order condition and conditionrepair and Tenant shall replace any glass that may be damaged with glass of the same kind and quality. Except as otherwise provided in Section 9.05 hereof, all Tenant shall have no obligation for cleaning exterior glass or replacing any damaged exterior glass other than that damaged by an act of Tenant. All damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment Property caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. Tenant shall promptly make all repairs in or to the demised premises or the Property for which Tenant is responsible, provided that any repairs required to be made to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall be performed only by Landlord. Landlord represents that, as of the date hereof, the Building systems which service the demised premises, including the mechanical, electrical, sanitary, heating, ventilating and air-conditioning Building systems which service the demised premises, are in good working order and condition. Tenant shall not be responsible for any existing violations of the current provisions of Legal Requirements, including the Americans with Disabilities Act.
7.02. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten thirty (30) days after rendition of a ▇▇▇▇ therefor.
7.03. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in If the demised premises includes loading docks, and or related facilities, Tenant shall keep the loading docks and areas adjacent thereto and the driveways and streets within the Property leading to said loading docks free of all dirt, rubbish and other obstructions arising from Tenant’s use or occupancy of any such facilities or the use of such facilities by Tenant’s officers, agents, employees, suppliers or located in the demised premises, invitees including independent contractors making deliveries or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to pick-ups from such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraphloading docks.
7.027.04. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.037.05. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in at the Building Property shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.047.06. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's ’s business operations, but shall not be required to perform the same on an overtime or premium pay basis.
7.07. If Tenant shall install a supplemental air-conditioning system subject to and in accordance with the requirements of this Lease, Tenant shall maintain same in good order and condition, shall enter into a contract for the maintenance thereof with a heating, ventilating and air-conditioning contractor reasonably acceptable to Landlord and shall deliver to Landlord a copy of such contracts and all amendments thereto promptly after execution thereof.
7.08. Notwithstanding anything to the contrary provided in this Lease, if: (I) the demised premises are rendered untenantable in whole or in part, for a period of ten (10) consecutive days, due to (a) the interruption of services as required by Article 21, (b) Landlord’s failure to make repairs as required by this Lease or (c) Landlord’s making of repairs, replacements or additions (other than those made with Tenant’s consent or caused by wrongful or negligent acts or omissions by Tenant, or Tenant’s agents, servants, visitors or licensees), except if such untenantability results from (i) Force Majeure Causes, subject to Article 34, or (ii) events caused by the wrongful or negligent acts or omissions by Tenant, or Tenant’s agents, servants, visitors or licensees, and (II) Tenant promptly vacates, for the full untenantability period, either the entire demised premises, if they are wholly untenantable, or the entire untenantable part of the demised premises, if less than all of the demised premises are untenantable, then, in that case, there shall be a proportionate abatement of basic annual rent from and after said tenth (10th) consecutive day (after Tenant shall have vacated either the entire demised premises, if they are wholly untenantable, or the entire untenantable part of the demised premises, if less than all of the demised premises are untenantable) and continuing for the period of such untenantability. As a condition to Tenant’s entitlement to any such abatement under this Section 7.08, Tenant shall give Landlord on the first (1st) day the untenantability is claimed to have occurred a written notice describing in reasonable detail the circumstance causing such claimed untenantability. If Tenant breaches the immediately preceding sentence, then, any abatement to which Tenant may be entitled under this Section 7.08 shall not commence until such written notice is received by Landlord and all the other prerequisite conditions for Tenant’s entitlement to the abatement have been fully satisfied. Furthermore, in no event shall Tenant be entitled to claim a constructive eviction from the demised premises unless Tenant shall first have notified Landlord in writing of the condition or conditions giving rise thereto, and if the complaints be justified, unless Landlord shall have failed, within a reasonable time after receipt of such notice, to remedy, or commence and proceed with due diligence to remedy such condition or conditions, subject to Force Majeure Causes and the terms of Article 34.
Appears in 1 contract
Sources: Sublease Agreement (Scynexis Inc)
Repairs. 7.01. Except for customary cleaning and trash removal provided by Landlord under Article 5 and damage covered under Article 8, Tenant shall, at its sole cost and expense, make such repairs to shall keep the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them Premises in good condition, working order and condition. Except as otherwise provided in Section 9.05 hereofrepair (including without limitation, all damage or injury carpet, wall-covering, doors, plumbing (from the vertical point of connection for distribution to the Building or Premises, including demised premises, the tap in to the vertical riser) and to its other fixtures, appurtenances equipment, alterations and equipment improvements whether installed by Landlord or Tenant). Tenant shall be responsible for repair and maintenance of restrooms on any full floors leased by Tenant; Landlord shall be responsible for restroom repair and maintenance on multi-tenant floors except for repair and maintenance the need for which is caused by Tenant moving property in or out of its employees, agents, contractors, or visitors. In the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which event that any repairs, restorations and maintenance or replacements are required, Tenant shall promptly arrange for the same either through (a) Landlord for such reasonable charges as Landlord may from time to time establish, or (b) contractors that Landlord generally uses at the Property, or (c) other contractors approved in writing in advance by Landlord (which consent shall not be in quality and class equal to the original work unreasonably withheld, conditioned or installationsdelayed). If Tenant fails to does not make such arrangements and such failure continues for fifteen (15) days after written notice from Landlord, Landlord may, but need not, make such repairs, restoration or maintenance and replacements, same may be made and the costs paid or incurred by Landlord at the expense of Tenant and such expense therefor shall be collectible as additional rent and shall be paid reimbursed by Tenant within ten days promptly after rendition request by Landlord. Except to the extent caused by the negligence or willful misconduct of Landlord, Tenant shall indemnify Landlord and pay for any repairs, maintenance and replacements to areas of the Property outside the Premises, caused as a ▇▇▇▇ thereforresult of moving any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors (notwithstanding anything to the contrary contained in this Lease). Subject to Tenant's obligations set forth aboveExcept as provided in the preceding sentence, or for damage covered under Article 8, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to keep the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant and Common Areas of the Property and the Systems and Equipment in good condition, working order and repair (the Building shall be placed and maintained by Tenant at its expense in settings cost of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted included in Operating Expenses, to other parts of the Building and demised premises. Landlord shall be extent permitted under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the BuildingArticle 3 hereof).
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Sources: Office Lease (SP Plus Corp)
Repairs. 7.01. Tenant shallSection 10.1 Throughout the term of this Lease, Tenant, at its sole cost and expense, make such repairs to shall take good care of the demised premises and Premises, including, without limiting the generality of the foregoing, all equipment, fixtures and appurtenances articles of personal property therein as are necessitated by or thereon and all sidewalks, grounds, parking areas, vaults, chutes, sidewalk hoists, railings, gutters, alleys, landscaping and curbs on the usePremises and will put, act, omission, occupancy or negligence of Tenant or by keep and maintain the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working and safe order and condition, and make all repairs therein and thereon, interior and exterior, structural and nonstructural, ordinary and extraordinary, and unforeseen and foreseen, necessary to keep the same in good and safe order and condition, howsoever the necessity or desirability therefor may occur, and whether or not necessitated by obsolescence or defects, latent or otherwise, but reasonable wear and tear excepted. Except as otherwise provided in Section 9.05 hereofTenant shall not commit or suffer, and shall use all damage reasonable precaution to prevent, waste, damage, or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by . Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole own cost and expense, which repairskeep clean and free from dirt, restorations snow, ice, rubbish, obstructions and replacements encumbrances, the sidewalks, parking areas, grounds, vaults, chutes, sidewalk hoists, railings, gutters, alleys and curbs on the Premises. Landlord shall not be in quality and class equal required to furnish any services, utilities or facilities whatsoever to the original work or installationsPremises. If Tenant fails to It is expressly understood that the Tenant’s will make such repairs, restoration or replacements, same may be made by Landlord at pay for utility services throughout the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesPremises. Landlord shall have no duty or obligation with respect to make any items included in Tenant's Extra Workalteration, change, improvement, replacement or repair to, or constructed or installed in the demised premises by Tenantto demolish, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basisPremises .
Appears in 1 contract
Sources: Lease Agreement (Jaclyn Inc)
Repairs. 7.01. 8.1 Tenant shall, at its all times during the term hereof and at Tenant's sole cost and expense, make such repairs to keep the demised premises Premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them every part thereof in good working order condition and condition. Except as otherwise provided in Section 9.05 hereofrepair, all damage or injury to the Building or Premises, including demised premisesordinary wear and tear excepted, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible except as additional rent and shall be paid by Tenant within ten days after rendition of a is Land▇▇▇▇'▇ therefor▇bligation pursuant to Section 8.2. Subject Tenant shall at the end of the term hereof surrender to Tenant's obligations Landlord the Premises and all Alterations in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, act of God or the elements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, except as specifically set forth above, elsewhere in this Law.
8.2 Landlord shall repair and maintain and repair the exterior of the Building and public structural portions of the Building, all structural elements including the plumbing, heating, air conditioning, ventilating and electrical systems, installed or furnished by Landlord, unless the necessity for such maintenance and repairs is in any way caused by the neglect, fault or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the Buildingreasonable cost of such maintenance and repairs, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisessubject to Section 17.4 hereof. Landlord shall have no obligation with respect not be liable for any failure to make any items included in Tenant's Extra Work, such repairs or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls to perform any maintenance unless Landlord receives written notice of the Building, the portions need for such repairs or maintenance from Tenant and fails to make such repairs or perform such maintenance for a reasonable period of any window time following such notice by Tena▇▇. ▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there ere shall be no allowance to Tenant for a diminution abatement of rental value rent and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to business or interference with Tena▇▇'▇ ▇usiness arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Building or the demised premises Premises or in or to fixtures, appurtenances or and/or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operationstherein, but shall not be required to perform the same on an overtime or premium pay basisprovided such repairs are being diligently pursued by Landlord.
Appears in 1 contract
Sources: Office Lease (E Greetings Network)
Repairs. 7.01Landlord shall maintain the roof and exterior walls of the Building and the Premises in good repair, except that Tenant shall have the responsibility for the maintenance repair and replacement of all glass, doors (interior and exterior), windows, and doorways of the Premises. Tenant shallshall also be responsible for repair, replacement and maintenance of any exterior walls if the necessity therefore should be the result of Tenant's negligence or the negligence of any agent, employee, or licensee of Tenant. Tenant shall keep the interior of the Premises in good repair, maintaining, where necessary, all electrical, plumbing, heating, air conditioning and other mechanical installations and systems servicing only the Premises, as well as damage to plumbing and other systems inside of the Premises if caused by the acts or omissions of Tenant, or Tenant's agents, employees, invitees or licensees inside the Premises. Tenant shall effect all such maintenance, repairs and replacements at its sole cost own expense and expense, make such repairs employing materials and labor of a kind and quality equal to the demised premises and original installations. If Tenant shall fail to maintain, repair or replace equipment or other installations in or about the fixtures and appurtenances therein Premises as are necessitated by the useabove provided, actLandlord, omission, occupancy or negligence of immediately after giving Tenant or by the use notice of the demised premises in a manner contrary necessity for such maintenance, repair or replacement may accomplish the required work and add the costs thereof to the purposes next due rental installment(s) but Tenant shall not be liable to the Landlord for which same are leased any failure to Tenantfulfill the obligations of this paragraph until such time as the Tenant shall be notified, as aforesaid, in writing of the requirement therefore, provided however, in the event of a bona fide emergency, Landlord need not give such notice to Tenant prior to performing such work. With regard to hearing and when needed air conditioning systems in the Premises, Landlord shall provide for the same to preserve them be in good working order upon Tenant's occupancy of the Premises. In addition, Tenant shall maintain at Tenant's sole expense a maintenance and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury service contract with a reputable heating and a1r conditioning service company for the heating and air conditioning systems and provide that such service contract shall not be canceled for any reason without a ten ( l 0) day notice to the Building or Premises, including demised premisesLandlord, and deliver to its fixtures, appurtenances and equipment caused by Tenant moving property in or out Landlord a copy of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installationssuch maintenance service contract. If Tenant fails to make maintain such repairscontract or if Tenant fails to repair, restoration maintain or replacementsreplace if caused by failure to maintain the heating and air conditioning system as needed, same may be made by Landlord at its sole option may accomplish the expense of Tenant same and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇b▇▇▇ therefor. Subject the costs thereof to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines Tenant as Additional Rent and the like located outside failure to pay the same within thirty (30) days of submission of Invoice for the demised premises. Landlord shall have no obligation with respect same to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor be an event of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premisesdefault herein. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice responsible for buildings the replacement of required components of the same type HV AC units as the Building.
7.04. Except required, so long as otherwise specifically provided in Tenant maintains HVAC units to servicing requirements of this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Repairs. 7.0112.01. Tenant shall, at its sole cost and expense, make such repairs to shall take good care of the demised premises Demised Premises and the fixtures and appurtenances therein as are necessitated by and at its sole cost and expense make all repairs to the use, act, omission, occupancy or negligence of Tenant or by the use interior and exterior non-structural components of the demised premises Demised Premises in a manner contrary to the purposes for which same are leased to Tenantaccordance with Article 6, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all All damage or injury to the Building or Demised Premises, including demised premises, and to its fixtures, appurtenances glass, appurtenances, and equipment equipment, caused by Tenant moving property in or out of the Building Building, or by installation or removal by Tenant of furniture, fixtures fixtures, or other property, or resulting from fire, explosion, air-conditioning unit or system, short circuits, flow, or leakage of water, steam, illuminating gas, sewer gas, sewerage, or odors, or by frost, or by bursting or leaking of pipes or plumbing works or gas, or from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct, or other cause of Tenant, its servants, employees, agents, visitors, or licensees, shall be repaired, restored restored, or replaced promptly by Tenant Tenant, at its sole cost and expense, which expense to the reasonable satisfaction of Landlord. All aforesaid repairs, restorations restorations, and replacements shall be in quality and class equal to the original work or installationsinstallations and shall be done in a good and workmanlike manner. If Tenant fails to make such repairs, restoration restorations, or replacements, same may be made by Landlord at the expense of Tenant Tenant, after notice and such expense opportunity to cure pursuant to Article 17, and all sums so spent and expenses incurred by Landlord shall be collectible as additional rent and shall be paid by Tenant within ten (10) days after rendition of a ▇b▇▇▇ or statement therefor.
12.02. Subject Tenant shall, at its expense, make all repairs and replacements (except Structural Portions and major components of the Utilities, which are the sole responsible and liability of the Landlord to Tenant's obligations set forth aboverepair, Landlord shall maintain and replace), and otherwise, necessary or desirable in order to keep in good order and repair the exterior and interior, non-structural components of the Building Demised Premises.
12.03. Tenant, at Tenant’s sole cost and public portions expense, shall regularly monitor the Demised Premises for the presence of mold, mold related conditions, or any conditions that reasonably can be expected to give rise to mold (“Mold Conditions”), including, but not limited to, observed or suspected instances of water damage, mold growth, repeated complaints of respiratory ailments by Tenant’s employees or other occupants of the BuildingDemised Premises, all structural elements or any notice from a governmental agency of complaints regarding the indoor air quality at the Demised Premises and shall promptly notify Landlord in writing if Tenants suspects mold or Mold Conditions to exist at the Demised Premises. In the event mold or Mold Conditions exist at the Demised Premises, then Tenant, at Tenant’s sole cost and expense, shall promptly ensure that mold remediation is conducted pursuant to applicable governmental laws, regulations or guidelines and shall notify Landlord of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesactions Tenant is taking. Landlord shall have has no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance liability to Tenant for a diminution of rental value and no liability on mold or Mold Conditions, if any, existing in the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion Demised Premises as of the Building Tenant Possession Date or that may develop or be discovered throughout the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basisLease term.
Appears in 1 contract
Repairs. 7.019.01 Landlord shall keep and maintain the roof and exterior walls of the buildings presently located on the Premises exclusive of doors, door frames, door checks, windows, and exclusive of window frames located in exterior building walls, in good condition and repair, reasonable wear and tear and loss or damage due to the act or negligence of Tenant, its agents, employees, invitees, licensees, or contractors excepted. Landlord's repairs shall be made within a reasonable time (depending on the nature of the repair) after receiving notice or having actual knowledge of the need for such repair. Landlord shall not be obligated to make any other improvements or repairs of any kind or nature upon the Premises. Without limiting the generality of the foregoing, Landlord has made no promise to Tenant shallto alter, remodel, improve, repair, decorate or clean the Premises or any part thereof and no representations respecting the condition of the Premises have been made to Tenant by or on behalf of Landlord except to the extent expressly set forth in this Lease and Tenant hereby acknowledges that Tenant has inspected the Premises and accepts the Premises "AS IS." Notwithstanding the foregoing, prior to the Commencement Date, Landlord shall repair the heating, ventilating and air conditioning unit so that it is in good working order, at its Landlord's sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. .
9.02 Except as otherwise expressly provided in Section 9.05 9.01, Tenant shall, from and after the date hereof, maintain the Premises in good condition and repair except for normal wear and tear and casualty damage (including replacement of parts and equipment, if necessary) and any and all damage or injury to appurtenances thereto where ever located, including, but without limitation, the Building or exterior and interior portion of all doors, door checks, windows, plate glass, all plumbing and sewage facilities within the Premises, including demised premisesfree flow to the main sewer line, and to its grease traps, hair traps, fixtures, appurtenances heating and equipment caused by air conditioning and electrical systems, sprinkler systems, walls, floors and ceilings. The plumbing and sewage facilities serving the Premises shall not be used for any purpose other than for which they are constructed, nor shall Tenant moving property introduce any matter therein which results in or out blocking such facilities. Tenant shall also pay all other expenses in connection with the maintenance of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premisesPremises, including pipesrepair and upkeep of grounds, lines sidewalks, driveways and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same parking areas in accordance with the immediately preceding paragraphstandard required under this Section 9.02.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted 9.03 Notwithstanding anything to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided contrary set forth in this Lease, there prior to the Commencement Date, Tenant shall be no allowance have the parking areas and driveways repaired, seal coated and stripped by a contractor approved by Landlord. Upon completion thereof, Tenant shall submit an itemized bill from the contractor to Landlord and Landlord shall reimburse Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion one-half (1 /2) of the Building or the demised premises or in or cost for such work up to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basisa maximum of Five Thousand Dollars ($5,000.00).
Appears in 1 contract
Repairs. 7.01A. By entry hereunder, Tenant shall be deemed to have accepted the premises as being in good sanitary order, condition, and repair. Tenant shall, at its Tenant's sole cost and expense, make such repairs keep the premises and every part thereof in good condition and repair (except as hereinafter provided with respect to Landlord's obligations) including without limitations, the maintenance, replacement and repair of any door, plate glass, window casements, glazing, plumbing, pipes, electric wiring and conduits, heating and cooling system (when there is an air conditioning system) Tenant agrees that Landlord is not and shall in no event be responsible or liable to Tenant for the failure of operation of the heating and/or cooling (air conditioning system), or consequential damages, if any, to Tenant or otherwise, by reason of failure of operation of said systems, if any, on the premises. Tenant shall upon expiration or sooner termination of this Lease, surrender the premises to the demised premises Landlord in good condition, broom clean, ordinary wear and tear and damages from causes beyond the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence reasonable control of Tenant or excepted. Any damages to adjacent premises caused by the Tenants use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant repaired at its the sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition Tenant.
B. Notwithstanding the provisions of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth Paragraph 8-A herein above, Landlord shall repair and maintain and repair the structural portion of the building, including the exterior of the Building walls and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, unless such maintenance and all building systems serving repairs are caused in part or in whole by the demised premisesact, including pipesneglect, lines fault or omission of any duty by the Tenant, its agents, servants, employees, invitee's, or any damage caused by breaking and entering, in which case Tenant shall pay to Landlord the like located outside actual cost of the demised premisessuch maintenance and repairs. Landlord shall have no obligation with respect to also make any items included in Tenant's Extra Work, or constructed or installed in the demised premises structural changes required by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premisesgovernmental regulation. Landlord shall not be under no obligation liable for any failure to endeavor make such repairs or to reduce perform any maintenance unless such vibration, noise, heat or cold beyond what is customary in current good building practice failure shall persist for buildings an unreasonable time after written notice of the same type as the Building.
7.04need of such repairs or maintenance is given to Landlord by Tenant. Except as otherwise specifically provided in this Leasemay be caused by the gross negligence of Landlord's contractor, if any, there shall be no allowance to Tenant for a diminution abatement of rental value rent and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant's business arising from the making of any repairs, alterations, additions alterations or improvements improvement in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or and equipment thereoftherein. However, Landlord shall exercise reasonable diligence so as attempt to minimize any interference with Tenant's business operationsuse of the premises in the course of any such repairs, but shall not be required to perform the same on an overtime maintenance, or premium pay basis.structural changes
Appears in 1 contract
Sources: Lease (Heritage Oaks Bancorp)
Repairs. 7.01. (a) Except as provided herein, Tenant shall, at its sole cost and expense, make such repairs to take good care of the demised premises Premises and the fixtures and appurtenances therein as are necessitated by the use(including, actwithout limitation, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, bathroom and plumbing fixtures and appurtenances) and make all repairs thereto as and when needed to preserve them in good working order and conditioncondition and maintain the Premises in a condition consistent with comparable buildings. Except as otherwise provided Tenant, at its sole cost and expense, shall promptly replace all damaged or broken doors and glass in Section 9.05 hereof, all and about the Premises. All damage or injury to the Premises and to its fixtures, appurtenances and equipment or to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by or which arises out of (i) Tenant moving property in or out of the Building Building, or by (ii) Tenant's installation or removal by Tenant of furniture, fixtures or other property, or (iii) the performance or existence of any Alterations performed in the Premises by or on behalf of Tenant or anyone claiming possession through Tenant or (iv) Tenant's installation, use or operation of Tenant's property in the Premises or (v) from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct or other cause on the part of Tenant, its servants, employees, agents, visitors, or licensees, shall be repaired, restored or replaced promptly by Tenant at its Tenant's sole cost and expenseexpense to the reasonable satisfaction of Landlord. Any repairs required to be made by Tenant to the mechanical, electrical, plumbing, sanitary, heating, ventilating, air-conditioning, fire safety or other systems of the Building shall be performed only by contractor(s) designated by Landlord. Any other repairs in or to the Building and the facilities and systems for which Tenant is responsible may be performed by Landlord at Tenant's expense and may be charged to Tenant as additional rent in the event Tenant fails to perform such repairs; All repairs, restorations and replacements made by Tenant shall be in quality and class equal to the original work or installationsinstallations and shall be of a quality at least comparable to the quality installed in the Building. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten thirty (30) days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. (a) Tenant shall not place a load upon any floor of the demised premises Premises exceeding the floor load per square foot area that such floor was designed to carry and that is allowed by law. If Tenant shall desire a floor load in excess of that which such floor was designed to carry and which is allowed by law, Tenant shall submit plans and specifications for such floor load to Landlord for Landlord's review and approval. Tenant shall pay all actual out-of-pocket costs and expenses incurred by Landlord in connection with its review of Tenant's plans and specifications.
7.03(b) Landlord shall not unreasonably withhold or delay its consent to Tenant's request to strengthen and reinforce the floor to provide the live load desired so long as Landlord's architects and engineers, in their sole discretion, find that the work necessary to increase such floor load (i) does not affect adversely the structure of the Building, (ii) will not interfere with the amount or availability of any space adjoining alongside, above or below the Premises, (iii) will not interfere with the occupancy of other tenants in the Building and (iv) may be accomplished without disturbing the load-bearing columns, walls or configuration of the Building. Tenant's plans and specifications shall also provide for the restoration of the floor to its condition prior to such requested strengthening and reinforcement. Tenant shall agree to pay for or reimburse Landlord on demand for the reasonable cost of such strengthening and reinforcement and for the reasonable cost of restoration of the floor to its condition prior to such strengthening and reinforcement, as well as any other reasonable costs to and reasonable expenses of Landlord occasioned by or resulting from such strengthening or reinforcement.
6.3 Business machines and mechanical equipment used by Tenant which that cause excess vibration, beyond what is typical for similar office space, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize Tenant acknowledges that the operation of elevators, air air-conditioning and heating equipment will cause some vibration, noise, heat or cold which that may be transmitted to other parts of the Building and demised premises. Premises and Landlord shall be under no obligation make reasonable efforts to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Buildingminimize same.
7.04. 6.4 Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises Premises or in or to fixtures, appurtenances or equipment thereof, including the erection or operation of a ▇▇▇▇▇, ▇▇▇▇▇▇▇ or sidewalk shed. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operationsoperations and shall exercise reasonable diligence not to block Tenant's windows (except due to or as a result of a Legal Requirement or Landlord's necessary work, maintenance or repairs to the Building), but shall not be required to perform the same on an overtime or premium pay basis.
6.5 Tenant will not clean, nor require, permit, suffer or allow any window in the Premises to be cleaned from the outside in violation of Section 202 of the Labor Law or any other applicable Legal Requirement.
Appears in 1 contract
Repairs. 7.01. 10.1 Tenant shall, at its sole cost and expense, make throughout the Term take good care of the Premises and keep the Premises in good and safe order and condition and shall comply with any requirements relating to repair and maintenance of the Premises contained in any leasehold mortgage then encumbering Tenant's interest in the Premises; provided, however, that for any period of time during which no leasehold mortgage encumbers Tenant's interest in the Premises but a Superior Mortgage encumbers the Real Property and/or the Premises, Tenant shall comply with the reasonable requirements of such repairs Superior Mortgage relating to the demised premises repair and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use maintenance of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and conditionPremises. Except as otherwise provided in Section 9.05 hereof, all damage Tenant shall neither commit nor permit any waste or injury to the Building or Premises, including demised premisesand shall, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its Tenant's sole cost and expense, which make all necessary repairs, restorations and replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, in and to any Improvements, equipment and personal property now or hereafter erected or installed in or on the Premises, including vaults, sidewalks, curbs, water, sewer and gas connections, meters, pipes and mains, and all other Fixtures now or hereafter belonging to, adjoining or connected with the Premises or used in the operation thereof. All repairs, restorations and replacements shall be performed in quality compliance with all Legal Requirements and class equal Insurance Requirements.
10.2 Tenant shall keep the sidewalks and curbs adjoining the Premises clean and free of snow and ice, obstructions and rubbish.
10.3 Tenant shall permit Landlord and any Superior Mortgagee, prospective Superior Mortgagee or prospective purchaser of Landlord's interest in the Real Property (and the authorized representative of each) to enter the original work Premises at all reasonable times, during normal business hours, with reasonable notice and without unreasonable interference with tenants, subtenants or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior occupants of the Building and public portions Premises, for the purpose of permitting Landlord to exercise any right or remedy it may have pursuant to Article 17 and, not more often than once in any Lease Year, for the Building, all structural elements purpose of inspecting the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraphPremises.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Repairs. 7.01. From and after the commencement of and during the Term, the Tenant shall, except to the extent it is Landlord's responsibility or caused by the negligence of the Landlord, at its sole own cost and expense, make such repairs all interior nonstructural repairs, replacements and renewals necessary to keep the demised premises Premises in as good condition, order and repair as the fixtures and appurtenances therein as same are necessitated by at the use, act, omission, occupancy or negligence of Tenant or by the use commencement of the demised premises Term reasonable wear and use and damage by fire and other casualty, taking by eminent domain only excepted, and keep and maintain all portions of the Premises in a manner contrary clean and orderly condition, free of accumulation of dirt, rubbish, and other debris, it being understood that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the purposes for which same are leased to Tenant, as and when needed to preserve them Premises in good working order order, repair and condition. Except From and after the commencement of and during the Term, the Landlord shall make all necessary repairs, replacement and renewals, interior and exterior, structural and nonstructural as otherwise provided Common Expenses as in Section 9.05 hereofParagraph 6 defined, to: keep the Building and all its electrical, mechanical, heating, ventilating and air conditioning, plumbing and other building systems and the parking areas, sprinklers and other improvements on the Property in good condition, order and repair as the same are at the commencement of the Term or thereafter may be put, damage by fire or injury other casualty only excepted; keep all driveways, walkways, parking areas and other improvements on the Property free of snow and sanded; keep all lawns and landscaped areas of the Property watered, fertilized and neatly trimmed; provide cleaning services and utilities to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out common areas of the Building or by installation or removal by Tenant of furnitureat a quality level similar to first class office buildings in suburban Boston. Notwithstanding, fixtures or other propertythe Landlord shall, shall be repaired, restored or replaced promptly by Tenant at its sole own cost and expense, which repairs, restorations and replacements shall be in quality and class equal not as a Common Expense make all repairs necessary to keep the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior structural support elements of the Building in structurally good condition, order and public portions repair, damage resulting from any act (not consented to in writing by the Landlord) and any omissions of the BuildingTenant or its agents, all structural elements of the Buildingcontractors and employees, air-conditioning cooling towers on the roof, from reasonable wear and all building systems serving the demised premises, including pipes, lines use and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, from fire or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraphother casualty only excepted.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Sources: Lease Agreement (Navisite Inc)
Repairs. 7.01. Tenant shallThe Landlord agrees that, at its sole cost and own expense, make such repairs to it will keep and maintain the demised premises Premises, including, without limiting the generality of the foregoing, the roof, exterior, foundation, fire protection system, structural integrity, all utility lines and the connections, interior walls, windows and window glass, flooring, ceiling, fixtures and appurtenances therein as are necessitated by the useoperational parts, actpaving, omissionsidewalks, occupancy or negligence of Tenant or by the use of the demised premises parking areas and landscaping, in a manner contrary condition and repair similar to its condition and repair on the purposes for which same are leased to Tenanteffective date hereof, as ordinary wear and when needed to preserve them in good working order and conditiontear excepted. Except as otherwise provided in Section 9.05 hereofSections 7 and 7.1 of this Lease and as set forth herein the Tenant shall take good care of the Premises and the fixtures in the Premises and shall keep the Premises in good order, condition, and repair at the Tenant's expense during the Term, including the replacement of all damage interior broken glass and exterior glass broken by the Tenant with glass of the same size and quality. If the Tenant does not make necessary repairs within a reasonable time and adequately, the Landlord may, but need not, make such repairs and the Tenant shall promptly pay the Landlord for the cost thereof as additional rent. On the expiration of the Term or on earlier termination or cancellation of this Agreement, the Tenant shall surrender the Premises and the Landlord's fixtures in as good condition as of the time of delivery to the Tenant, subject to reasonable wear and tear. All injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment fixtures caused by moving of the Tenant moving property in or and out of the Building or caused by installation or removal the Tenant and any damage done by Tenant of furniturewater, fixtures steam, electricity, fire or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal substances to the original work Building or installations. If fixtures, or to the property of other tenants in the Building caused by the Tenant fails to make such repairs, restoration or replacements, same may be made repaired by the Landlord at the expense of the Tenant, and the cost thereof shall become immediately due and payable by the Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition upon the delivery of a ▇▇▇▇ therefor. Subject statement of such costs by the Landlord to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in mailing the demised premisessame, or exclusively serving the demised premises. The exterior walls of the Buildingpostage prepaid, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Buildinglast known address.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Repairs. 7.01. (a) Tenant shall keep, maintain and preserve the Premises in first-class condition and repair, and shall, when and if needed, at its Tenant’s sole cost and expense, make such all repairs to the demised premises Premises and every part thereof, including, without limitation, the interior surfaces of the ceilings, walls and floors, all doors, all interior windows, all non-standard plumbing, pipes, electrical wiring, light fixtures and appurtenances therein as are necessitated by the usebulbs, actswitches, omissionfurnishings, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as signs and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances special items and equipment caused installed by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to alter, remodel, improve, repair, decorate or paint the Premises or any items included in Tenant's Extra Workpart thereof. Tenant and Landlord affirm that Landlord has made no representations to Tenant respecting the condition of the Premises, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the Common Areas, or the Project except as specifically set forth in this Lease.
(b) Anything contained in Paragraph 15(a) to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of any window ▇▇▇▇▇ outside the windows Building and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the BuildingBuilding standard plumbing, but the foregoing shall not relieve Tenant of any obligation to restoreheating, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevatorsventilating, air conditioning and heating equipment will cause some vibrationelectrical systems, noiseunless such maintenance and repairs are required in part or in whole by the act, heat neglect or cold omission of Tenant, its agents, servants, employees or invitees, in which may be transmitted case Tenant shall pay to other parts Landlord, as additional rent, the reasonable cost of the Building such maintenance and demised premisesrepairs. Landlord shall not be under no obligation liable for any failure to endeavor make any such repairs or to reduce perform any maintenance unless such vibration, noise, heat or cold beyond what is customary in current good building practice failure shall persist for buildings an unreasonable time after written notice of the same type as the Building.
7.04need of such repairs or maintenance is given to Landlord by Tenant. Except as otherwise specifically provided in this LeaseParagraph 23, there shall be no allowance to Tenant for a diminution abatement of rental value rent and no liability on the part of Landlord by reason of inconvenience, annoyance or any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Building Building, the Premises, the Common Areas, or the demised premises Project 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 equipment thereofordinance now or hereafter in effect. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly provided under this Lease.
(c) As between Landlord and Tenant, Landlord is recognized as the owner of telephone, cable, and any fiber optic wiring serving the Premises (collectively, the “Building Cable”) whether installed as of or following the Commencement Date, except as is specially installed by Tenant for development, demonstration, or testing of Tenant’s products.. Tenant shall be responsible for the maintenance of all Building Cable. Tenant’s access to the Common Areas for the purposes of installing and maintaining the Building Cable is conditioned upon Landlord’s approval of Tenant’s service contract and appropriate insurance policies being obtained by the entity installing the Building Cable. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required responsible and shall have no liability for interruption in or failures of telephone or electronic data transmission services. Tenant shall abide by all reasonable, written and nondiscriminatory rules and regulations hereafter promulgated by Landlord regarding access to perform the same on an overtime Building Cable. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, losses, liabilities, costs and expenses, including, without limitation, actual attorneys’ fees, incurred by Landlord and related to Tenant’s access to or premium pay basiswork performed in connection with the Building Cable.
(d) Landlord shall keep in effect, as part of Operating Expenses, the following maintenance and service contracts: (i) landscaping, (ii) heating, ventilation and air conditioning equipment, (iii) boiler, fired or unfired pressure vessels, (iv) fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection systems, (v) roof covering and drain maintenance, (vii) asphalt and parking lot maintenance, and (viii) janitorial service for the Project and the Premises.
Appears in 1 contract
Repairs. 7.01SECTION 10.01. Tenant shallshall take good care of the Premises and, at its Tenant's sole cost and expense, shall make such all repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenantreplacements, as and when needed to preserve them the Premises in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage except that Tenant shall not be required to make any structural repairs or injury structural replacements to the Building and the Building systems serving the Premises unless necessitated or Premisesoccasioned by the acts, including demised premisesomissions or negligence of Tenant, or any of Tenant's Responsible Parties, or by the specific use or occupancy or manner of use or occupancy of the Premises by Tenant or any such person beyond ordinary wear and tear, in such cases, Landlord may make or cause such structural repairs or structural replacements to be made, but shall not be obligated to do so, and Tenant agrees to its fixturespay to Landlord promptly upon Landlord's demand as Additional Rent, appurtenances and equipment the cost of such repairs or replacements. In the event Landlord elects not to make such repairs or replacements caused by Tenant's negligence, Landlord may require Tenant moving property in to make such repairs or out of the Building or by installation or removal by replacements at Tenant's sole cost and expense. Furthermore, Tenant of furnitureshall, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its Tenant's sole cost and expense, which repairs, restorations maintain and make all repairs and replacements shall be in quality and class equal to the original work water fountain in the Premises. On the Commencement date, Landlord shall Fountain in the Premises in good working order.
SECTION 10.02. Landlord, at its expense, shall keep and maintain the Building (including the roof by excluding those portions of the Premises or installations. If other tenant's premises, to the extent that Tenant fails or other tenants are required to keep and maintain them under leases with Landlord), the Common Areas and the fixtures, appurtenances, systems and facilities serving the Premises, in good working order, condition and repair and shall make such repairs, restoration or replacements, same may all necessary repairs other than those specifically required by this Lease to be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent Tenant, and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall generally maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted provide services to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant consistent with the standards of comparable first-class commercial officer buildings in the Building shall be placed and maintained by Tenant at its expense in settings of corkGreenwich, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the BuildingConnecticut area.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis.
Appears in 1 contract
Repairs. 7.01Landlord shall maintain the Common Areas and the exterior ------- walls, roof and foundation of the building(s) in the Project and the heating, ventilating, air conditioning, electrical, plumbing and mechanical systems provided by Landlord in the building(s), the cost of which shall be included in the Base Rent. Except as set forth herein, Tenant shall, at its expense, keep the Premises and every part thereof, in good condition and repair and, if required by reason of acts or negligence of Tenant, its agents, employees, customers or invitees, or the particular nature of Tenant's use of the Premises, all repairs and replacements otherwise the responsibility of Landlord. Tenant shall be responsible for repairing any and all damage to the Project caused by Tenant including, without limitation, the following: the installation or moving of Tenant's furniture, equipment and personal property. Tenant shall, at its sole cost and expense, make such repairs 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 demised premises and the fixtures and appurtenances therein Premises (except for exterior glass which, subject to reimbursement as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to 3.2 and except as provided in the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out second sentence of the Building or by installation or removal by Tenant of furniture, fixtures or other property, this Section 11 shall be repaired, restored or replaced promptly repaired by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02Landlord). Tenant shall not place a load upon defer any floor repairs or replacements to the Premises by reason of the demised premises exceeding anticipation of the floor load per square foot area which such floor was designed expiration of the Term. Landlord, at Landlord's option, may elect to carry perform all or part of the maintenance, repairs and servicing which is allowed the obligation of the Tenant hereunder and/or the obligation of all of the other tenants of the Project with respect to the premises occupied by law.
7.03. Business machines them, in which event the cost thereof shall be at Landlord's option either billed directly to and mechanical equipment used paid by Tenant which cause vibration, noise, cold as additional rental or heat that may be transmitted to the Building structure or to included in any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04additional rents charged. Except as otherwise specifically provided aforesaid, in this Leasethe event that, there shall be no allowance to Tenant for a diminution at the request of rental value and no liability on the part of Tenant, Landlord by reason of inconvenienceperforms any maintenance, annoyance repairs or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion servicing of the Building or Premises which is the demised premises or in or to fixturesobligation of Tenant hereunder, appurtenances or equipment thereof. then Tenant shall pay Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basisdirectly therefor.
Appears in 1 contract
Sources: Office Lease (Metavante Corp)
Repairs. 7.01. Tenant shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided herein, by entry hereunder Tenant accepts the Premises as being in Section 9.05 hereofgood, all damage or injury to the Building or Premisessanitary order, including demised premises, condition and to its fixtures, appurtenances and equipment caused by repair. Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its Tenant's sole cost and expenseexpense keep the Premises and every part thereof in good condition and repair, which repairs, restorations and replacements shall be in quality and class equal to damage thereto from causes beyond the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense reasonable control of Tenant and such expense ordinary wear and tear excepted. Tenant shall be collectible as additional rent and shall be paid by Tenant within ten days after rendition of a ▇▇▇▇ therefor. Subject to Tenant's obligations set forth above, Landlord shall maintain and repair upon the exterior expiration or sooner termination of the Building Term surrender the Premises to Landlord in the same condition as when received, ordinary wear and public portions tear and damage from causes beyond the reasonable control of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesTenant excepted. Landlord shall have no obligation with respect to any items included in Tenant's Extra Workalter, remodel, improve, repair, decorate, or constructed paint the Premises or installed any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Project except as specifically herein set forth. Anything contained in the demised premises foregoing subparagraph to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of Premises and the Building, including the basic plumbing, air condition and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or wholly by the act, ordinary wear and tear excepted, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or located invitees, in the demised premiseswhich case Tenant shall pay to Landlord, or exclusively serving the demised premises. The exterior walls of the Buildingas additional rent, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission reasonable cost of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning maintenance and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premisesrepairs. Landlord shall not be under no obligation liable for any failure to endeavor make any such repairs or to reduce perform any maintenance unless such vibration, noise, heat or cold beyond what is customary in current good building practice failure shall persist for buildings an unreasonable time after written notice of the same type as the Building.
7.04need of such repairs or maintenance is given to Landlord by Tenant. Except as otherwise specifically provided in this Lease, Paragraph 23 hereof there shall be no allowance to Tenant for a diminution abatement of rental value rent and no liability on the part of Landlord by reason of inconvenience, annoyance any injury or injury to interference with Tenant's business arising from the making of any repairs, alterations, additions alterations or improvements in or to any portion of the Building or the demised premises Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives, the right to make repairs at Landlord's expense under Section 1942 of the California Civic Code, or equipment thereofunder any law, statute or ordinance now or hereafter in effect. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operationsalso have the right, but shall not be the obligation, to undertake any work of repair or maintenance (including cleaning of the Premises) which Tenant is required to perform the same on an overtime hereunder or premium pay basisunder any other provisions of this Lease and which Tenant fails 8 or refuse to perform in a timely and efficient manner. All such work shall be subject to a charge established by Landlord, which shall be payable by Tenant to Landlord promptly upon demand.
Appears in 1 contract
Repairs. 7.01Section 9.01. The Tenant shallshall keep the Demised Premises, including the sidewalks in front thereof, in good condition and repair, and shall redecorate, paint and renovate the Demised Premises as may be necessary to keep them in good condition and repair and good appearance. The Tenant shall keep the Demised Premises and all parts thereof in a clean and sanitary condition and free from trash, flammable material and other objectionable matter. The Tenant shall keep the sidewalks, roadways and landscaped areas forming part of the Demised Premises clean and free of obstructions, snow and ice. Throughout the Term of this Lease, the Tenant, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use will take good care of the demised premises in a manner contrary to Demised Premises and will keep the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and conditioncondition and make all necessary repairs and replacements thereto, structural and non-structural, interior and exterior, ordinary and extraordinary, foreseen and unforeseen. Except as otherwise provided in Section 9.05 hereofThe Tenant shall replace, at the Tenant's expense, all damage or injury to glass in and on the Building or PremisesDemised Premises which may become broken after the date of Tenant's occupancy. When used in this Article, including demised premises, the term "repairs" shall include all necessary replacements and to its fixtures, appurtenances and equipment caused renewals. All repairs made by Tenant moving property in or out of the Building or by installation or removal by Tenant of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be equal in quality and class equal to the original work work. The Tenant shall quit and surrender the Demised Premises at the end of the Term in good order and repair, reasonable wear and tear excepted and in compliance with the requirements stated herein and in a "broom-clean" condition, and shall, by way of example and not by way of limitation, clean and reseal all exposed concrete floors. Should the Tenant fail to keep the Demised Premises in good condition and repair, Landlord, after reasonable notice to Tenant (or installations. If Tenant fails to without notice in the case of an emergency), may, without being obliged, make such the repairs, restoration and Tenant shall pay to Landlord, immediately upon demand, the cost therefor, which shall constitute Additional Rent due hereunder and shall be subject to all remedies by law or replacementsotherwise for the collection of Basic Rent and Additional Rent; however, same nothing herein shall be construed to impose a duty on Landlord to mitigate its damages by undertaking any repair which is Tenant's obligation.
Section 9.02. The Tenant shall not make any alterations, additions or improvements to the Demised Premises without the prior written consent of the Landlord, which Landlord shall not unreasonably withhold or delay. In the event Tenant has not received a response from Landlord to Tenant's request for such alteration, addition or improvement, within ten (10) days of Landlord's receipt of such request, Tenant shall so notify Landlord of its failure to respond, and should Landlord still not respond to Tenant within five (5) days of receipt of such Tenant's notice, Landlord's consent shall be deemed granted. All erections, alterations, additions and improvements, whether temporary or permanent in character, which may be made upon or to the Demised Premises either by the Landlord or the Tenant, except furniture or movable trade fixtures installed at the expense of Tenant and such expense the Tenant, shall be collectible as additional rent the property of the Landlord and shall remain open and be paid surrendered with the Demised Premises as a part thereof at the expiration or sooner termination of this Lease, without compensation to the Tenant; or, in the alternative and at the direction of Landlord, Tenant shall remove all or so much of the property therefrom as directed or such property shall be conclusively deemed abandoned and may be removed by Landlord, and Tenant within ten days after rendition shall reimburse Landlord for the cost of a ▇▇▇▇ thereforsuch removal. Subject to Landlord may have any such property stored at Tenant's obligations set forth above, Landlord shall maintain risk and repair the exterior of the Building and public portions of the Building, all structural elements of the Building, air-conditioning cooling towers on the roof, and all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premisesexpense. Landlord shall have no obligation with respect notify Tenant at the time of its consent, as to any items included in Tenant's Extra Workwhether it will require that Tenant remove, at the expiration or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls sooner termination of the BuildingLease Term, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, but the foregoing shall not relieve Tenant of any obligation to restore, repair, or replace same in accordance with the immediately preceding paragraph.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairserections, alterations, additions or improvements in made by Tenant, and restore the Demised Premises to its preexisting condition and that the Tenant use contractors approved by Landlord. Notwithstanding anything contained herein to the contrary, Tenant may, without the need for obtaining Landlord's prior written consent, make alterations, additions and improvements within the Premises which do not affect the Building Systems (i.e. heating, ventilating, plumbing, electrical or to other utilities) or which do not affect any structural portion of the Building or Building, provided said alteration, addition and/or improvement does not exceed the demised premises or sum of Forty Thousand and 00/100 ($40,000.00) Dollars in or to fixturesthe aggregate in any one (1) Lease year. Tenant shall, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so however, as to minimize any interference said alterations, additions and/or improvements not requiring Landlord's consent, provide Landlord with Tenant's business operations, but shall not be required reasonable prior notice of its intention to perform such alterations, together with information as to the same on an overtime or premium pay basisnature of said alterations, additions and/or improvements, including but not limited to plans and specifications.
Appears in 1 contract
Sources: Lease Agreement (Evivrus, Inc.)