Common use of Repairs Clause in Contracts

Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.

Appears in 4 contracts

Sources: Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc)

Repairs. A. By taking possession 1) Landlord's obligations: a) The landlord must provide and maintain the manufactured home park in a reasonable state of repair, suitable for occupation by a tenant. The landlord must comply with health, safety and housing standards required by law. b) If the landlord is required to make a repair to comply with the above obligations, the tenant may discuss it with the landlord. If the landlord refuses to make the repair, the tenant may seek an arbitrator's order under the Manufactured Home Park Tenancy Act for the completion and costs of the Premisesrepair. c) The landlord is not required to maintain or repair improvements made to the manufactured home site by a tenant occupying the site, Tenant shall be deemed or the assign of the tenant, unless the obligation to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at do so is a term of this tenancy agreement. 2) Tenant's sole cost obligations a) The tenant must maintain reasonable health, cleanliness and expense, keep sanitary standards throughout the Premises manufactured home site and every part thereof in good condition and common areas. The tenant must take the necessary steps to repair damage thereto from causes beyond to the manufactured home site or common areas caused by the actions or neglect of the tenant or a person permitted in the manufactured home park by that tenant. The tenant is not responsible for repairs for reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord manufactured home site or common areas. b) If the tenant does not comply with the above obligations within a reasonable time, the landlord may discuss the matter with the tenant and may seek a monetary order through arbitration under the Manufactured Home Park Tenancy Act for the cost of repairs, serve a notice to end a tenancy, or both. 3) Emergency repairs a) The landlord must post and maintain in good conditiona conspicuous place in the manufactured home park, ordinary wear or give to the tenant in writing, the name and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition telephone number of the Premises or the Building except as specifically herein set forthdesignated contact person for emergency repairs. B. Notwithstanding b) If emergency repairs are required, the provisions of Article 11tenant must make at least two attempts to telephone the designated contact person, and then give the landlord a reasonable time to complete the repairs. A. hereinabovec) If the emergency repairs are still required, Landlord shall repair the tenant may undertake the repairs, and maintain claim reimbursement from the structural portions landlord, provided a statement of account and receipts are given to the landlord. If the landlord does not reimburse a tenant as required, the tenant may deduct the cost from rent. The landlord may take over completion of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make emergency repairs at Landlord's expense under any law, statute time. d) Emergency repairs must be urgent and necessary for the health and safety of persons or ordinance now preservation or hereafter use of property in effect (including the provisions of California Civil Code Sections 1941 manufactured home park and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails are limited to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (repairing i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairmajor leaks in pipes, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraphdamaged or blocked water or sewer pipes, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.or

Appears in 3 contracts

Sources: Manufactured Home Site Tenancy Agreement, Manufactured Home Site Tenancy Agreement, Manufactured Home Site Tenancy Agreement

Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. b. Notwithstanding the provisions of Article 11. A. 11.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 2 contracts

Sources: Office Building Lease (Cross Country Healthcare Inc), Office Building Lease (Cross Country Healthcare Inc)

Repairs. A. By taking possession 13.01 Tenant shall, at its sole expense, keep and maintain the Premises and every part thereof (excepting common use equipment, which Landlord agrees to repair or replace pursuant to Section 5.02 unless damages are due to the neglect or intentional acts of Tenant or its agents, employees, visitors, or licensees), including interior windows, doors, plate glass, any store fronts and the interior of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, good and sanitary order, condition and repair. Tenant shallwill, also, at Tenant's its sole cost keep and expensemaintain all utilities, keep the Premises fixtures, plumbing and every part thereof mechanical equipment used by Tenant in good condition order and repair damage thereto from causes beyond and furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the reasonable control Premises. The standard for comparison and need of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting repair will be the condition of the Premises or at the Building except as specifically herein set forthtime of commencement of this Lease and all repairs will be made by a licensed and bonded contractor approved by Landlord. B. Notwithstanding 13.02 Tenant will not make repairs to the provisions Premises at the cost of Article 11. A. hereinaboveLandlord whether by deductions of rent or otherwise, Landlord shall repair and maintain or vacate the structural portions of Premises or terminate the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and Lease if repairs are caused in part not made. If during the Term, any alteration, addition or in whole change to the Premises is required by the actlegal authorities, neglect, fault or omission of any duty by the Tenant, at its agentssole expense, servants, employees or invitees, in which case Tenant shall pay to Landlord promptly make the reasonable cost of such maintenance and repairssame. Landlord shall not be liable for any failure reserves the right to make any such repairs not made or to perform maintained in good condition by Tenant and Tenant shall reimburse Landlord for all such costs upon demand. 13.03 If repairs deemed necessary by Landlord or any maintenance unless government authority are not made by Tenant within the prescribed time frame as requested in writing, such failure to repair shall persist be an Event of Default subject to the provision of Section 19.01(B) hereof. 13.04 Tenant shall, at its own expense, within thirty days of lease commencement, contract with a vendor acceptable to Landlord for an unreasonable time after written notice the maintenance service of the need of HVAC which will be furnished to the Landlord upon request. If Tenant fails to obtain and maintain such repairs or a maintenance is given to service contract Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives have the right to make repairs obtain such a maintenance service contract at Landlord's the expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.

Appears in 2 contracts

Sources: Standard Industrial Lease (United Stationers Supply Co), Standard Industrial Lease (United Stationers Supply Co)

Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect effect, (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' days prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.

Appears in 2 contracts

Sources: Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc)

Repairs. A. By taking Lessee agrees to act with reasonable care in its use and occupancy of the Leased Premises and the fixtures therein and shall at its sole cost and expense, make all such repairs thereto, including those necessitated by the negligence of Lessee, or any sublessee, their agents, employees or invitees or by the Lessee’s use of the Leased Premised in a manner contrary to the purposes for which same are leased to Lessee, as and when needed to preserve them in their condition at the Commencement Date, except for reasonable wear, tear and use, or damage by fire or other casualty (unless the negligence of Lessee or its agents, employees, contractors or invitees is a supervening cause). All damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or the Building of which the Leased Premises are a part, or to its fixtures, appurtenances and equipment caused by Lessee, its agents, employees, contractors or invitees or by Lessee moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Lessee at its sole cost and expense, to the reasonable satisfaction of Lessor, reasonable wear and tear excepted. All such aforesaid repairs, restorations and replacements shall be in quality and class equal to the original work or installations, reasonable wear and tear excepted. If Lessee fails to make such repairs, restorations or replacements within a reasonable time after written notice from the Lessor, same may be made by Lessor at the reasonable expense of Lessee and such expense shall be collectable as Additional Rent. Lessee expressly will not cause any damage to the hallways or common areas of the Building or the Property, reasonable wear and tear excepted. Except as specifically herein otherwise provided, ▇▇▇▇▇▇ agrees that from and after the date that possession of the PremisesLeased Premises is delivered to Lessee, Tenant shall be deemed and until the expiration of the Term hereof, it will use commercially reasonable efforts to have accepted the Premises as being keep neat and clean and maintain in good, sanitary good order, condition and repair. Tenant shall, at Tenant's sole cost reasonable wear and expensetear excepted, keep the Leased Premises and every part thereof, including without limitation the interior portions of all doors, windows, and plate glass, fixtures and interior walls, floors, ceilings, signs (where permitted) and all wiring, electrical systems, plumbing, interior building appliances, HVAC, and similar equipment exclusively serving the Leased Premises. Lessee shall, at Lessee’s expense, use commercially reasonable efforts to repair and maintain (subject to the provisions of this Lease) the Leased Premises and any part and portion thereof from time to time to assure that the same are kept in good first-class tenantable and attractive condition and repair damage thereto from causes beyond throughout the term of this Lease, reasonable control of Tenant with ordinary wear and tear excepted. Tenant ▇▇▇▇▇▇ further agrees that the Leased Premises shall upon be kept in a clean, sanitary and safe condition in accordance with the expiration laws of the Commonwealth of Massachusetts and local ordinances, and in accordance with all directions, rules and regulations of the Health Officer, Fire Marshal, Building Inspector and other proper officers of the governmental agencies having jurisdiction thereover. Lessee shall not permit or sooner termination of this Lease hereof surrender the Premises commit any waste to the Landlord Leased Premises, Building or Property. Subject to Lessor’s obligations to repair and maintain HVAC in good conditionthe Property, ordinary wear and tear and damage from causes beyond Lessor is not responsible for any repairs, maintenance or cleaning of the reasonable control of Tenant excepted. Except as specifically provided in an addendumkitchen area, if any, within the Leased Premises. Subject to this LeaseLessor’s obligations to repair, Landlord maintain and provide HVAC in the Property, Lessee has the sole responsibility for maintaining and keeping in good repair the kitchen area and/or any appliances, reasonable wear and tear excepted. Notwithstanding the foregoing, Lessor shall have no obligation whatsoever the right, upon reasonable prior written notice to alter▇▇▇▇▇▇, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition assume so much of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions maintenance of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or inviteesLeased Premises as Lessor, in which case Tenant its reasonable discretion deems necessary, provided that in doing so Lessor does not interrupt or interfere with the operation and conduct of ▇▇▇▇▇▇’s business. To the extent that the Lessor elects, it shall pay to Landlord charge Lessee the reasonable out-of-pocket cost of such maintenance and repairsrepair or maintenance. Landlord shall not be liable for any failure to make any All such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there undisputed charges shall be no abatement of rent due and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, payable as Additional Rent hereunder within thirty (30) days after Landlord receives Tenant's of billing. Lessee shall make no alterations or additions to the Leased Premises (reasonable wear and tear excepted) without the Lessor’s prior written notice of the need for such repair (consent, which consent will not be unreasonably withheld, conditioned or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant delayed. All repairs shall be permitted made subject to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of Article 20. Lessor shall be responsible for maintenance and repair of the roof, foundation, and structure of the Building and Property except that for maintenance and/or repair caused by negligence or neglect or Lessee, its agents, employees, contractors or invitees. There shall be no abatement of Rent or liability of Lessee on account of any injury or interference with ▇▇▇▇▇▇’s business with respect to any improvements, alterations or repairs made by Lessor to the Property or any part thereof. Except as otherwise provided in Article 13 below, and subject to Lessee’s obligations in this LeaseArticle 12 above, Lessor shall maintain and keep in reasonable condition, all Building systems, including without limitationlife safety, Paragraph 12sanitary, keeping electrical, HVAC, plumbing, security or other systems, the premises free from liensBuilding foundation, the roof, Building structure, structural floor slabs and columns in good repair, order and condition. In addition, Lessor shall operate and maintain the common areas of the Property in substantially the same manner as comparable combination office and R&D facilities in the vicinity of the Leased Premises.

Appears in 2 contracts

Sources: Lease Agreement (Allurion Technologies Holdings, Inc.), Lease Agreement (Allurion Technologies Holdings, Inc.)

Repairs. A. By taking possession Section 6.1. Tenant covenants to use due care in its use and occupancy of the Premises and not to commit waste. Except as otherwise provided in this Section 6.1, Tenant shall not be obligated to repair any Building Systems. Tenant shall, however, at its own cost and expense, maintain and repair and, to the extent deemed appropriate by Tenant, monitor the Security System. Notwithstanding any provision contained in this Lease to the contrary, all damage or injury to the Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenances (including Building Systems), whether requiring structural or nonstructural repairs, caused by the moving of Tenant's Property or caused by or resulting from any act or omission of, or Alterations made by, Tenant or Persons Within Tenant's Control, shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shallrepaired by Tenant, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond to the reasonable control satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building Systems), or by Landlord at Tenant's sole cost and expense (if the required repairs are structural in nature or affect any Building Systems). All of the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality consistent with first-class office buildings in Memphis and shall be made in accordance with the provisions of Article 5. If Tenant shall fail, after five (5) days notice (or such shorter period as may be required because of an emergency), to proceed with ordinary wear due diligence to make repairs required to be made by Tenant, the same may be made by Landlord, at the expense of Tenant, and tear exceptedthe expenses thereof incurred by Landlord, with interest thereon at the Applicable Rate, shall be paid to Landlord, as Additional Rent, within ten (10) days after rendition of a ▇▇▇▇ or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any Building Systems located in, servicing or passing through the Premises. Section 6.2. Tenant shall not place a load upon any floor of the expiration Premises which exceeds seventy-five (75) pounds per square foot "live load." Tenant shall not locate or sooner termination move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord's prior consent, which consent shall not be unreasonably withheld, and Tenant shall make payment to Landlord of Landlord's costs in connection therewith (if such move is not part of an Alteration). If such safe, machinery, equipment, freight, bulky matter or fixture requires special handling (as determined by Landlord), Tenant shall employ only persons holding a Master Rigger's license to do said work. All work in connection therewith shall comply with the Requirements, and shall be done during such hours as Landlord may designate. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient, in Landlord's reasonable judgment, to absorb and prevent vibration, noise and annoyance. Section 6.3. Landlord shall operate, maintain and make all necessary repairs (both structural and non-structural) to the Building Systems and the public portions of the Building, both exterior and interior, in conformance with standards applicable to first-class office buildings in Memphis, except for those repairs for which Tenant is responsible pursuant to any other provision of this Lease hereof surrender Lease. Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises to the Landlord in good conditionmaking any repairs, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendumalterations, if anyadditions or improvements; provided, to this Leasehowever, that Landlord shall have no obligation whatsoever to alteremploy contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs in connection with such repairs, remodelalterations, improve, repair, decorate additions 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. improvements. Notwithstanding the provisions of Article 11. A. hereinaboveforegoing, if Tenant shall so request, Landlord shall repair and maintain the structural portions of the Buildingemploy contractors or labor at so-called overtime or other premium pay rates or incur other overtime costs in making such repairs, including the basic plumbingalterations, air conditioningadditions or improvements, 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 provided Tenant shall pay to Landlord Landlord, as Additional Rent, within ten (10) days after demand therefor, an amount equal to 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 excess costs incurred by Landlord by reason of compliance with Tenant's request. Except as expressly provided in Article 22 hereofthis Lease, there shall be no abatement allowance to Tenant for a diminution of rent rental value and no liability on the part of Landlord by reason of any inconvenience, annoyance or injury to or interference with Tenant's business arising from the making of Landlord, Tenant or others making, or failing to make, any repairs, alterations alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to its fixtures, appurtenances or equipment. Section 6.4. Without abatement or diminution in rent, Landlord reserves and shall have the following additional rights: 1. To erect, use and maintain pipes and conduits in and through the Premises; provided that all such conduits and pipes shall be located behind then-existing walls, under floors or above suspended ceilings and shall not interfere with the use and operation of the Premises, or any equipment or facilities located therein. 2. Tenant waives the right to make repairs at Landlord's expense under To take any lawand all measures, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 inspections, repairs, alterations, additions and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect improvements to the Premises pursuant or to this Paragraphthe Building, within thirty (30) days after Landlord receives Tenant's written notice as may be necessary or desirable for the safety, protection or preservation of the need for such repair (Premises or such period of time the Building or Landlord's interests, or as may be necessary or desirable in excess of thirty (30) days as is reasonably necessary based upon the nature operation of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensBuilding.

Appears in 2 contracts

Sources: Lease Agreement (Harrahs Entertainment Inc), Lease Agreement (Harrahs Entertainment Inc)

Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear exceptedexpected. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant exceptedexpected. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. b. Notwithstanding the provisions of Article 11. A. 11.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or of maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 2 contracts

Sources: Office Building Lease (Castle Biosciences Inc), Office Building Lease (Castle Biosciences Inc)

Repairs. A. By taking possession If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the Premises, the Common Areas and the portions of the Project serving the Premises and Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to the Tenant Improvements and any Alterations; provided that if the cost of the restoration of the Tenant Improvements and any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, as assigned by Tenant to Landlord, such excess shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Further, if the Premises included any above-Building standard improvements as of the Commencement Date and the restoration of such above-Building standard improvements is not covered by the insurance proceeds received by Landlord, the cost of the restoration of such above-Building standard improvements shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Such restoration shall be to substantially the same condition of such items as prior to the casualty, except for modifications (a) required by Law; (b) required by the holder of a mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the Project. No such modifications shall materially impair access to the Premises and any Common Areas serving the Premises. Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shallresponsible, at Tenant's its sole cost and expense, keep for the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed restoration, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition replacement of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs’s Property. Landlord shall not be liable for any failure to make any such repairs loss of business, inconvenience, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business annoyance arising from the making any casualty or any repair or restoration of any repairs, alterations or improvements in or to any portion of the Building Premises, the Building, or the Premises, or in or to fixtures, appurtenances and equipment thereinProject as a result of any damage from any casualty. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair All work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with subject to the provisions terms and conditions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensArticle 11.

Appears in 2 contracts

Sources: Office Lease (Net), Office Lease

Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord landlord has made no representations representation to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. 11. B. b. Notwithstanding the provisions of Article 11. A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or inviteesinvites, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of by Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 2 contracts

Sources: Sublease (Quokka Sports Inc), Sublease (Quokka Sports Inc)

Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. .* Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear war and tear excepted. Tenant shall shall, upon the expiration or sooner of earlier termination of this Lease the term hereof or any renewal or extension thereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as may be specifically provided in an addendum, if any, to this Leaseaddendum hereto, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically set forth herein set forthor in any addendum hereto. B. (b) Notwithstanding the provisions of Article 11.8 A. hereinabove, (a) Landlord shall repair and maintain the structural portions portion of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Except as provided in Article 19 hereof, there shall be no abatement of rent and no liability of Landlord shall not be liable (i) for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord or (ii) by reason of or any injury to or interference with Tenant's business arising from the making of any __________________ * Upon occupancy, Tenant and Building Manager shall inspect the Premises to determine if the tenant finish is substantially complete per the attached floor plan and establish a list of items, if any, remaining to be finished. repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right right, under any law, statue, or ordinance now or hereafter in effect, to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensexpense.

Appears in 1 contract

Sources: Office Building Lease (Vialog Corp)

Repairs. A. a. By taking possession of the Premisesentry hereunder, Tenant shall be deemed to have accepted Tena▇▇ ▇▇▇epts the Premises as being in good, good and sanitary order, condition and repair. Subject to Paragraph 23 hereof Tenant shall keep, maintain and preserve the Premises in first class condition and repair, normal wear and tear excepted and shall, when and if needed, at Tenant's sole cost and expense, keep make all repairs to the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedthereof. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof the term hereof, surrender the Premises to the Landlord in good conditionthe same condition as when received, usual and ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises Premises, the building, the Project or the Building Common Area except as specifically herein set forth. B. Notwithstanding b. Anything contained in Paragraph 15a above to the provisions of Article 11. A. hereinabovecontrary notwithstanding, Landlord shall repair and maintain the structural portions of the Buildingbuilding and the plumbing, including the basic plumbingheating, ventilating, air conditioning, heating elevator and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault neglect or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 Paragraph 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business Tena▇▇'▇ ▇usiness arising from the making of any repairs, alterations or improvements in or to any portion of the Building building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Office Building Lease (Stac Inc)

Repairs. A. a. By taking possession of the Premisespremises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. b. Notwithstanding the provisions of or Article 11. A. 11.a, hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, repairs alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Office Building Lease (Prime Bancorp Inc)

Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair9.01. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, Except for ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except except as specifically otherwise provided in an addendum, if any, to this LeaseSection 9.02, Landlord shall have perform all maintenance and make all repairs and replacements to the Premises (including the Leasehold Improvements). Tenant shall pay to Landlord the actual cost (including a fee equal to five percent (5%) of actual costs to cover a fee for Landlord’s agent or manager) for (a) all maintenance, repairs and replacements within the Premises (including the Leasehold Improvements), other than maintenance, repairs and replacements to any Building system or component within the Building core serving the tenants in the Building (“Central Systems”) located within the Premises; or (b) all repairs and replacements necessitated by damage to the Project (including the Building structure and the Central Systems) caused by the gross negligence or willful misconduct of Tenant or its agents, contractors, invitees and licensees. Amounts payable by Tenant pursuant to this Section 9.01 shall be payable on demand after receipt of an invoice therefor from Landlord. Landlord has no obligation whatsoever and has made no promise to maintain, alter, remodel, improve, repair, decorate decorate, or paint the Premises or any part thereof once thereof, except as specifically set forth in this Lease. In no event shall Landlord have any obligation to maintain, repair or replace any furniture, furnishings, fixtures or personal property of Tenant. 9.02. Tenant shall keep the initial tenant improvements are completed Premises (including the Leasehold Improvements) in good order and the parties hereto affirm that Landlord has made no in a safe, neat and clean condition. No representations to Tenant respecting the condition of the Premises or the Building or the other portions of the Project have been made by Landlord to Tenant except as specifically herein set forthforth in this Lease. Except as provided in Section 10.01 or specifically consented to by Landlord, Tenant shall not perform any maintenance or repair work or make any replacement in or to the Premises (including the Leasehold Improvements), and any branch of a Central System serving the Premises (“Branch System”), but rather shall promptly notify Landlord of the need for such maintenance, repair or replacement so that Landlord may proceed to perform the same. In the event Landlord specifically consents to the performance of any maintenance or the making of any repairs or replacements by Tenant and Tenant fails to promptly commence and diligently pursue the performance of such maintenance or the making of such repairs or replacements, then Landlord, at its option, may perform such maintenance or make such repairs and Tenant shall reimburse Landlord, on demand after Tenant receives an invoice therefor, the cost thereof plus fifteen percent (15%) of the actual costs to cover a fee for Landlord’s agent or manager. B. Notwithstanding 9.03. All repairs made by Tenant pursuant to Section 9.02 shall be performed in a good and workmanlike manner by contractors or other repair personnel selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; provided, however, that neither Tenant nor its contractors or repair personnel shall be permitted to do any work affecting the Central Systems of the Building. 9.04. Subject to the other provisions of Article 11. A. hereinabovethis Lease imposing obligations regarding repair upon Tenant, Landlord shall repair maintain, throughout the Term of this Lease and maintain any extensions thereof, in good working order the structural portions Common Areas of the Project, as well as the structural, mechanical, electrical, plumbing, fire/life/safety, and any other systems of the Building, including the basic plumbingexterior and interior structure, air conditioning, heating which do not comprise a part of the Premises and electrical systems installed or furnished by Landlord unless such are not leased to others. Said normal maintenance and repairs are caused in part or in whole by the actrepair shall be included as a component of Operating Costs, 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. provided that Landlord shall not be liable responsible, at its sole cost and expense, for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any all capital repairs, alterations or replacements and improvements in or to any portion of the Building or and the PremisesProject, or other than those costs and expenses related to such capital improvements that are to be included in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done Operating Costs in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensSection 5.02(h) hereof.

Appears in 1 contract

Sources: Lease Agreement (Sigmatel Inc)

Repairs. A. a. By taking possession of the Premisesentry hereunder, Tenant shall be deemed to have accepted Tena▇▇ ▇▇▇epts the Premises as being in good, good and sanitary order, condition and repair. Subject to Paragraph 23 hereof. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, normal wear and tear excepted, and shall, when and if needed, at Tenant's sole cost and expense, keep make all repairs to the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedthereof. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof the term hereof, surrender the Premises to the Landlord in good conditionthe same condition as when received, usual and ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the party thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises Premises, the building, the Project or the Building Common Area except as specifically herein set forth. B. Notwithstanding b. Anything contained in Paragraph 15a above to the provisions of Article 11. A. hereinabovecontrary notwithstanding, Landlord shall repair and maintain the structural portions of the Buildingbuilding and the plumbing, including the basic plumbingheating, ventilating, air conditioning, heating elevator and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault neglect or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 Paragraph 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business Tena▇▇'▇ ▇usiness arising from the making of any repairs, alterations or improvements in or to any portion of the Building building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Office Building Lease (Stac Inc)

Repairs. A. By taking possession The Authority shall keep the structural components of the PremisesCSA (including the walls and roof), Tenant the mechanical systems serving the CSA (i.e., HVAC, plumbing, electrical and natural gas systems), and the Authority-owned equipment and fixtures in good repair, subject to Concessionaire’s maintenance obligations set forth above. Authority shall not be required to make any repairs to the CSA, mechanical systems or Authority-owned equipment or fixtures or any other elements of the CSA unless and until Concessionaire has notified Authority in writing of the need for such repairs. Authority shall have a reasonable period of time following receipt of such notice to commence and complete said repairs. Notwithstanding the foregoing, Concessionaire shall repair all damage to the CSA and all improvements on the CSA, including furnishings, fixtures, and equipment, caused by the negligence or willful acts or omissions of Concessionaire, its employees, agents, servants, or licensees. All repairs to the CSA done by or on behalf of Concessionaire shall be deemed of first-class quality in both materials and workmanship, shall be equal to or better than the original in materials and workmanship, and, except in emergencies requiring immediate response, shall have accepted the Premises prior written approval of the Airport Director. All repairs shall conform to the applicable rules and regulations and building codes prescribed from time to time by federal, state, or local authority having jurisdiction over the CSA. Airport Director shall be the sole judge of the quality of the repairs. Concessionaire expressly waives any and all claims for damages of any kind, including but not limited to loss of profits as being in gooda result of the interruption of Concessionaire’s business, sanitary orderresulting from the need for repairs to the CSA, condition and repairthe mechanical systems or Authority-owned equipment or fixtures, whether such repairs are undertaken by the Authority or Concessionaire. Tenant shallConcessionaire shall repaint or refinish, at Tenant's its sole cost and expense, keep high traffic areas of the Premises CSA subject to greater-than-normal wear on a schedule to be specified by Concessionaire, or as may be directed by the Airport Director if Concessionaire fails to specify a reasonable schedule. Concessionaire shall repair or replace Concessionaire’s trade fixtures and every part thereof in good condition equipment that become worn, chipped, dented, or gouged. All repainting and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord refinishing 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 prior written approval of the Premises or the Building except as specifically herein set forthAirport Director. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.

Appears in 1 contract

Sources: Concession Agreement

Repairs. A. By taking possession SECTION 1. Lessor shall keep the foundations, exterior walls (except plate glass or glass or other breakable materials used in structural portions) roof, and sprinklers in good repair. SECTION 2. Lessee shall contract for the maintenance of mechanical equipment. The Lessee shall replace any hot water heater as the need should arise with the same type and quality servicing the Leased Premises. The Lessor shall replace, as needed, the heating and air conditioning equipment, provided the unit has been serviced annually. Lessee will be entitled to apply any benefits which Lessor may have under any warranties on such mechanical systems either by assignment of such warranties to Lessee or through cooperation of Lessor and Lessee in making claims under such warranties. Lessor shall have the option to elect whether to assign warranties or participate in making claims. SECTION 3. Lessor shall not be liable for failure to keep the Leased Premises in repair, unless notice of the Premisesneed for repairs has been given Lessor, Tenant shall be deemed to have accepted after the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises same has come to the Landlord in good conditionexplicit attention of Lessee, ordinary wear a reasonable time has elapsed and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, Lessor has failed to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless make such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord Lessor shall not be liable for any damage done or occasioned by or from the electrical system, the heating and/or air conditioning system, the plumbing and sewer system in, above, upon or about the Leased Premises nor for damage occasioned by water, snow or ice being upon or coming through the roof, walls, windows, doors or otherwise, unless such damages are a result of Lessor's negligence or intentional misconduct in performance or failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenantas above provided. SECTION 4. Except as provided in Article 22 hereofSections 1, there 2 and 3 of this Article, Lessor shall not be no abatement of rent and no liability of Landlord by reason obligated to make repairs, replacements or improvements of any injury to or interference with Tenant's business arising from the making of any repairskind upon said Leased Premises, alterations or improvements in or to any portion of the Building equipment facilities or the Premisesfixtures therein contained, or which shall at all times be kept in or to fixturesgood order, appurtenances condition and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairLessee, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraphin a clean, Landlord agrees to reimburse Tenant for the reasonable, actual sanitary and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done safe condition and in accordance with all applicable laws, ordinances and regulations of any governmental authority having jurisdiction. Lessee shall permit no waste, damage, or injury to the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensLeased Premises.

Appears in 1 contract

Sources: Lease Agreement (Micro Warehouse Inc)

Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate decorate, or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the this condition of the Premises or the Building except as specifically herein set forth. B. (b) Notwithstanding the provisions provision of Article 11.13 A. (a) hereinabove, Landlord shall repair and maintain the structural portions of the Building, Building including the basic plumbing, air conditioning, heating heating, and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided provide in Article 22 24 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Office Building Lease (Sycamore Park Convalescent Hospital)

Repairs. A. (Page -6- Office Building Lease) a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. b. Notwithstanding the provisions of Article 11. A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Office Building Lease (Industrial Training Corp)

Repairs. A. By taking possession of the Premises, SECTION 14.01. Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof the fixtures and appurtenances therein in good order and condition at its sole cost and repair damage thereto from causes beyond the reasonable control expense which are not Landlord's obligations pursuant to any provision of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord and shall have commit no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of waste in the Premises or the Building except as specifically herein set forthBuilding. In addition, Tenant shall make repairs necessitated by its negligence or the negligence of its employees and guests. Tenant's ordinary repairs shall include, without limitation, the following: (a) any installations made by or on behalf of Tenant (excepting the Initial Alterations for a period of twelve (12) months); (b) trade fixtures and other property belonging to Tenant. B. Notwithstanding the provisions of Article 11. A. hereinabove, SECTION 14.02. Landlord shall repair and promptly make all repairs necessary to maintain the structural portions of the Building, including the basic roof, and the Building systems (HVAC, electrical, plumbing, air conditioningmechanical, heating etc.), exterior glass, parking areas and electrical systems installed or furnished by facilities servicing the Premises in proper order, condition, and repair. Unless Landlord unless such maintenance and repairs are caused in part or in whole by has actual knowledge of the actneed for repairs, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay provide a written notice to Landlord that repairs to the reasonable cost of such maintenance and repairsPremises are needed. Landlord shall not be liable for obligated under this Article to repair any failure to make any such repairs damage caused by the negligence of Tenant, its employees or guests, subtenants, or contractors or subcontractors retained by Tenant to perform any maintenance unless such failure work on the Premises. SECTION 14.03. All repairs, restorations or replacements by either party shall persist for an unreasonable time after written notice be of the need of such repairs or maintenance is given to Landlord by Tenantfirst-class quality and done in a good and workmanlike manner. SECTION 14.04. Except as provided otherwise set forth in Article 22 hereofthis Lease, there shall be no abatement allowance to Tenant or diminution of rent Rent and no liability on the part of Landlord by reason of any inconvenience, annoyance or injury to or interference with Tenant's business arising from the making of any repairs, alterations alterations, additions, substitutions or improvements in or to any portion of the Building or the Premises, Premises or in or and to the fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter thereof; provided that in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make each case such repairs, using contractors reasonably approved by Landlordalterations, additions, substitutions or improvements are effected in a manner which does not cause unreasonable inconvenience to Tenant and provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating further that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair in each case all work done by Tenant shall be in connection with such repairs, alterations, additions, substitutions or improvements is done promptly in accordance a good and workmanlike manner consistent with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensa First Class Office Building.

Appears in 1 contract

Sources: Lease Agreement (Freemarkets Inc)

Repairs. A. By taking possession 9.1. Landlord shall keep and maintain the roof, subfloors, structural and exterior portions of the Premises (exclusive of doors, windows, and glass) in repair, provided that Tenant shall give Landlord written notice of the necessity for such repairs, and provided that the damage thereto shall not have been caused by Tenant, its agents, contractors, or employees, in which event Tenant shall be responsible therefor and shall promptly make repairs thereto. Except as expressly set forth in this subsection, Landlord shall be under no liability for repair or maintenance of the Premises, or any part thereof; nor shall Landlord be under any liability to repair or maintain any electrical, plumbing or other mechanical installation. Notwithstanding the above, Tenant shall be deemed obligated to have accepted also notify Landlord of any inherently dangerous condition existing in the Premises as being in good, sanitary order, condition and repair. of the Occupancy Term of which Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedbecomes aware. 9.2. Tenant shall upon provide and maintain its own janitorial services for the expiration interior of the Premises, and shall otherwise keep the interior of the Premises, together with all electrical plumbing, and other mechanical installations and equipment used by or sooner termination in connection with the Premises, in good order, replacement and repair (and any necessary replacement and repair shall be of this Lease hereof equal or better quality as originally delivered to Tenant or shall be as specified by Landlord), except as provided in paragraph 9.4 below, and promptly replace any plate glass which may be broken or damaged with glass of like kind and quality, and surrender the Premises to at the Landlord expiration of the Term in as good condition, condition as when received except for ordinary wear and tear and damage from causes beyond by fire or other casualty included in the reasonable control extended coverage endorsement to Landlord's fire insurance policies. To ensure the continued quality of the equipment, all repairs, replacement and service work on such equipment shall be performed by persons authorized by the manufacturer of the particular equipment, unless Tenant exceptedobtains the prior written consent of Landlord to employ another repair person. Except as specifically provided Tenant may, at its option, enter into a maintenance, repair and service contract which Landlord will assist Tenant in an addendumobtaining. Tenant will not overload the electrical wiring and will not install any additional electrical wiring or plumbing unless it has first obtained Landlord's written consent thereto, and, if anysuch consent is given, Tenant will make such installation at its own cost and expense. Tenant will repair promptly, at its own expense, any damage to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of caused by bringing into the Premises any property for Tenant's use, or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the actinstallation, neglectuse or removal of such property, regardless of fault or omission of any duty by whom such damage shall be caused unless caused by the Tenantwillful misconduct of Landlord, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairscontractors. Landlord shall not be liable responsible for any failure loss by Tenant for water damage due to any cause, including by way of illustration and not of limitation, leaks or bursts of the plumbing, pipes or roof, or damage due to the sprinkler system or other fire protection/extinguishment apparatus. 9.3. If Tenant shall not proceed promptly and diligently to make any repairs or perform any obligation imposed upon it by the preceding subsections within forty-eight (48) hours after receiving written notice from Landlord to make such repairs or perform such obligation, then and in such event Landlord may, at its option, enter the Premises and do and perform the things specified in said notice, without liability on the part of Landlord for any loss or damage resulting from any such action by Landlord, and Tenant agrees to pay promptly upon demand any cost or expense incurred by Landlord in taking such action. It Landlord shall fail to make, or commence to make, any repairs required of the Landlord hereunder within fifteen (15) days after written request therefore by Tenant, Tenant will have the right, by written notice to Landlord within ten (10) days thereafter, which notice shall include a breakdown of the reasonable costs to be incurred by Tenant, to perform any maintenance unless such failure shall persist for an unreasonable time after written notice the work at the expense of the need Landlord. Upon completion thereof, Tenant will provide Landlord with such evidence of the payment of such repairs or maintenance is given costs as reasonably requested and Landlord shall reimburse the Tenant for the expense thereof. In the event that Landlord shall fail to do so, Tenant will have no right to offset the same against any sums due Landlord by Tenant. Except as provided in Article 22 hereofhereunder, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives but will have the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of bring a similar nature); provided, however, if separate action against Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs collection of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienssaid expenses.

Appears in 1 contract

Sources: Lease Agreement (Universal Security Instruments Inc)

Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. b. Notwithstanding the provisions of Article 11. A. 8.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the roof, foundation and walls, and basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 18 hereof, there shall be no abatement of rent and no liability of Landlord by reason of or any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Office Building Lease (Health Net Inc)

Repairs. A. By taking possession Subject to the provisions of Paragraphs 9 and 58 of this lease, during the full term of this lease, Landlord shall make all structural repairs to the Demised Premises, Tenant except those which shall be deemed to have accepted been occasioned by the Premises as being in goodacts of omission or commission of Tenant, sanitary orderits agents, condition and repair. Tenant shallemployees or invitees, which repairs Landlord shall make at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises Structural repairs are hereby defined to be repairs to the Landlord in good conditionroof supports, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendumbearing walls, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed foundation and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairssteel. Landlord shall not be liable for any failure perform all maintenance and repair work with reasonable diligence and in a workmanlike manner and agrees to make any such repairs or use commercially reasonable efforts to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or minimize interference with Tenant's business arising from operations at the making Demised Premises. Except for Landlord's obligations specifically set forth in this Paragraph 48, Tenant shall, at its own cost and expense, keep the Demised Premises in good condition, repair and appearance at all times throughout the term of any repairsthis lease including, alterations or improvements in or to any portion without limitation, (i) maintenance, repair and replacement of the Building or electrical, plumbing, sprinkler, heating, air conditioning, ventilation, life safety and all other mechanical systems servicing the Demised Premises; (ii) regularly-scheduled cleaning and maintenance of the interior of the Demised Premises; (iii) the maintenance, or in or to fixturesrepair and replacement of all windows, appurtenances doors and equipment therein. Tenant waives plate glass; and (iv) maintenance, repair and replacement of the right to make repairs at Landlord's expense under any lawroof, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord other than with respect to the Premises pursuant roof area described in Paragraph 47 above and the roof supports described in this Paragraph 48(a). Tenant shall at all times obtain and keep in full force and effect for the benefit of Landlord and Tenant with a responsible company doing business in Suffolk County a service, repair and maintenance contract with respect to this Paragraphthe heating, within thirty ventilating and air conditioning systems servicing the Demised Premises. A copy of such contract and renewals thereof shall, upon issuance and thereafter not later than ten (3010) days after prior to expiration, be furnished to Landlord receives Tenant's written notice together with evidence of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienspayment.

Appears in 1 contract

Sources: Lease Agreement (Standard Microsystems Corp)

Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof; surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendumherein, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, b. Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses as provided in Article 7 hereof. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives shall waive the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Office Building Lease (Colorado Business Bankshares Inc)

Repairs. A. By taking possession SECTION 1. Landlord shall maintain the foundations, exterior walls (except plate glass or other breakable material used in structural portions) and roof of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof shopping center in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with repair, ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination Except for costs of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear routine maintenance and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition costs of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part which is not covered by insurance shall be borne by Landlord. If the need for any such repair is directly or in whole indirectly attributable to or results from the business activity being conducted within the Premises or becomes necessary by reason of the act, neglect, fault or omission negligence of any duty by the Tenant, its agents, servants, employees employees, or inviteesanyone else for whose acts Tenant is responsible or by reason of anyone illegally entering in or upon the Premises, in and if such repair is caused by a risk which case 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 pay commence repairs it is required to Landlord perform as soon as, reasonably practicable after receiving written notice from Tenant of the reasonable cost of necessity for such maintenance and repairs. Landlord shall not be liable for any failure obligated to make any such repairs repairs, replacements or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason improvements of any injury kind to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or 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 own expense, shall maintain the Premises at all times in or to fixturesgood order, appurtenances condition and equipment thereinrepair 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 waives shall permit no waste, damage, or injury to the right 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 at Landlordwithout liability to Tenant for any loss or damage that may occur to Tenant's expense under any lawstock or business by reason thereof, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make makes such repairs, using contractors reasonably approved by Tenant shall pay to Landlord, provided (i) on demand, the costs thereof. SECTION 3. Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairshall replace forthwith, at its own cost and expense, any cracked or broken glass with glass of the same quality, including plate glass or glass or other breakable materials used in structural portions, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs in any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for interior and exterior windows and doors in the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensPremises.

Appears in 1 contract

Sources: Lease Agreement (Famous Dave S of America Inc)

Repairs. A. (a) By taking possession entry hereunder with the exception of the Premisespunch list items, Tenant shall be deemed to have accepted accepts the Premises as being in good, good and sanitary order, condition and repair, reasonable wear and tear excepted. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, at Tenant's sole cost and expense, keep make all repairs to the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedthereof. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof the term hereof, surrender the Premises to the Landlord in good conditionthe same condition as when received, usual and ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall Shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building or the Common Area except as specifically herein set forth. B. Notwithstanding (b) Anything contained in Paragraph 15(a) above to the provisions of Article 11. A. hereinabovecontrary notwithstanding, Landlord shall repair and maintain the structural portions of the BuildingBuilding and the plumbing, including the basic plumbingheating, ventilating, air conditioning, heating elevator and electrical systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault neglect or omission of any duty by the Tenant, its agents, servants, employees employees, or invitees, in which case Tenant shall pay to Landlord Landlord, as additional rent, the reasonable cost of such maintenance and repairs. repair Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall result in an unreasonable interference with Tenant's business or shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 Paragraph 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect. (c) Tenant's Self-Help Rights. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and Section 1942 and any successor successive sections or statutes of a similar nature); provided, however, subject to the termination rights set forth in Paragraph 23 and 24, if Landlord fails to perform any maintenance or repair work required of Landlord with respect to the Premises pursuant to this Paragraph, Subparagraph 15(b) above within thirty (30) days after Landlord receives Tenant's written ,notice of the need for such repair repairs (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required such work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord following delivery of an additional two (2) business days' prior written notice to Landlord indicating that Tenant intends to undertake will be undertaking such repairrepairs, and (ii) Tenant shall be entitled to recover from Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual reasonable and documented costs of such repair performed repairs made by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by If Tenant makes any such repairs pursuant to this Subparagraph 15(b), the performance of such repairs shall be done in accordance with the provisions of this LeaseLease including, including without limitation, Paragraph 12, keeping the premises free from liensParagraphs 14 and 16 hereof.

Appears in 1 contract

Sources: Consent to Sublease (2themart Com Inc)

Repairs. A. By taking possession of the Premisesa. Subject to Landlord’s obligations pursuant to Section 10(b) below, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's its sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in Section 10(b) below or in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, b. Landlord shall repair and maintain the common areas, exterior of the Building, structural portions of the Building, including the roof, basic plumbing, air conditioning, heating heating, and electrical and sprinkler systems installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses, except as otherwise provided herein. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as specifically provided in Article 22 hereofParagraph 21 below regarding reconstruction after a casualty, and so long as Tenant’s access to, and use and enjoyment of, the Premises shall not be unreasonably interfered with, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Except in the event of an emergency involving imminent threat to life or substantial property damage, Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including effect. c. Notwithstanding the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, howeverforegoing, if Landlord fails to make any repairs or to perform any repair work maintenance required of Landlord with respect to the Premises pursuant to this Paragraphhereunder and within Landlord’s reasonable control, within and such failure shall persist for an unreasonable time (not less than thirty (30) days days) after Landlord receives Tenant's written notice of the need for such repair (repairs or maintenance is given to Landlord and unless Landlord has commenced such repairs or maintenance during such period of time and is diligently pursuing the same, Tenant may (but shall not be required to) following a second notice (which notice shall have a heading in excess of thirty at least 12-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (305) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs after receipt of such repair performed by Tenantsecond notice, but without any off-set rights against rent perform such repairs or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done maintenance in accordance with the provisions of this LeaseLease governing Tenant’s repairs and Alterations and Tenant shall be entitled to offset all third party costs and expenses incurred by Tenant therefor against the subsequent monthly installment of Base Rent, including without limitation, Paragraph 12, keeping the premises free from liensprovided Tenant delivers to Landlord appropriate invoices and back-up documentation regarding such costs and expenses.

Appears in 1 contract

Sources: Lease (Brickell Biotech, Inc.)

Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, good and sanitary order, condition condition, and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and from ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate decorate, or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. . Notwithstanding the provisions of Article 11. A. hereinabove13(a), Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless the need for such maintenance and repairs are caused caused, in part or in whole whole, by the act, neglect, fault fault, or omission of any duty by the Tenant, its agents, servants, employees employees, or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof24, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations alterations, or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances appurtenances, and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute statute, or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Lease Agreement (Synon Corp)

Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. (b) Notwithstanding the provisions of Article 11.9 A. (a) hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in In part or in In whole by the act, neglect, fault or omission of any duty by the Tenant, its Its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 24 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including effect, including, but not by way of limitation sections 1932, 1933, 1941, and 1942 of the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period State of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensCalifornia.

Appears in 1 contract

Sources: Office Building Lease (Saba Petroleum Co)

Repairs. A. By taking possession of The Tenant covenants with the Landlord to repair, maintain and keep at the Tenant’s own cost, except insofar as the obligation to repair rests upon the Landlord pursuant to this Lease, the Leased Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof including Leasehold Improvements in good condition and repair damage thereto from causes beyond the substantial repair, reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond condemnation excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for the exclusion therefrom of defects not sufficient to impair the Tenant’s use of the Leased Premises while using them in a manner consistent with this Lease. The Landlord may enter the Leased Premises, after giving the Tenant reasonable control advance, verbal notice (which shall not be required in the event of an emergency) and view the condition thereof, and the Tenant covenants with the Landlord to repair, maintain and keep the Leased Premises in good and substantial repair, reasonable wear and tear and damage from condemnation excepted. Except If the Tenant shall fail to repair as specifically provided in an addendumaforesaid after 10 days notice to do so, if any, to this Lease, the Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint may effect the Premises or any part thereof once the initial tenant improvements are completed repairs and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsthereof to the Landlord on demand. The Tenant covenants with the Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice that the Tenant will at the expiration of the need of such repairs Term or maintenance is given to Landlord by Tenantsooner termination thereof peaceably surrender the Leased Premises and appurtenances in good and substantial repair and condition, reasonable wear and tear and damage from condemnation excepted. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.Indemnification

Appears in 1 contract

Sources: Lease Agreement (American Pharmaceutical Partners Inc /De/)

Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease term hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. (b) Notwithstanding the foregoing provisions of this Article 11. A. hereinabove1 1, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure materially and adversely affects Tenant's possession and shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to terminate this Lease in the event of any failure to make repairs or maintenance and the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Lease Agreement (Commercial Concepts Inc)

Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof thereof, in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. b. Notwithstanding the provisions of Article 1111 . A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. , Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Office Building Lease (Qt 5 Inc)

Repairs. A. By taking possession The Tenant agrees to maintain the Premises in good repair during the term of this Lease, at its own expense, including the floors, walls, ceiling, interior or exterior doors, inside plumbing, all heating, ventilating, air conditioning and other equipment and fixtures installed by the Landlord. Tenant agrees that it will at its own expense repair, maintain and replace when necessary all equipment (including but not limited to heating and air conditioning, doors and/or door closures), fixtures, windows and floor coverings and that it will redecorate the Premises when necessary. Tenant agrees that it will have done at its own expense any work for or about the Premises resulting from or associated with Tenant's occupancy which may be required by law or regulation or lawful authority. Landlord agrees within a reasonable time after receipt of written notice from the Tenant to make all repairs reasonably necessary to the structural portion of the Premises and roof, including gutters and all downspouts, subject to Paragraph 16. The Tenant also agrees, at his own expense, to repair any damage to the common areas and facilities (defined in Paragraph 7) caused by the operation of its business or by the actions of its employees, agents or invitees on or about the Premises, Tenant shall be deemed the Building, Land or the common areas and facilities, including, without limitation, any damage to have accepted the Premises as being in goodparking areas caused by the operation (including without limitation, sanitary orderthe driving, condition and repair. Tenant shallloading or unloading) of delivery vans, at trucks, carts or vehicles of any sort servicing Tenant's sole cost and expense, business or the Premises. The Tenant also agrees at his own expense to keep in effect during the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination term of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections extension or statutes of renewal thereof a similar nature); providedfull service contract (preventative maintenance ) on the heating, however, if Landlord fails to perform any repair work required of Landlord ventilating and air conditioning equipment with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably a licensed contractor approved by Landlord, provided (i) which approval shall not be unreasonably withheld. Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance provide Landlord with the provisions a copy of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensMaintenance contract upon request.

Appears in 1 contract

Sources: Lease Agreement (Strayer Education Inc)

Repairs. A. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall shall, upon the expiration or sooner termination of this Lease hereof hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Office Building Lease (Ambassadors International Inc)

Repairs. A. By (a) Subject to Landlord’s obligations referred to in Paragraph 11 with respect to placing the Premises in compliance with applicable Title 24/ADA requirements and Landlord’s Work as of the Commencement Date, by taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary good order, condition and repair. Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear repair, and tear excepted. Tenant shall surrender the Premises to Landlord upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good such condition, ordinary reasonable wear and tear tear, casualty, condemnation and damage from causes beyond the reasonable control of Tenant Landlord’s obligations excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forththereof. B. (b) Notwithstanding the provisions of Article 11. A. Paragraph 13(a) hereinabove, Landlord shall shall, at Landlord’s expense, replace, repair and maintain the Project and the Premises, including the structural portions of the Building, including the basic structure, plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless Landlord fails to commence such failure shall persist for an unreasonable time repairs within ten (10) days after Tenant gives written notice of the need of such repairs or maintenance is given to Landlord by Tenantand to prosecute such repairs diligently to completion within a reasonable time. Except as provided in Article 22 Paragraph 24 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building Project or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance Law now or hereafter in effect (including effect. Tenant waives the provisions of California Sections 1932 (1) 1941, and 1942 of the Civil Code Sections 1941 and 1942 and and/or any similar or successor sections statute regarding Tenant’s right to terminate this Lease or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make repairs and deduct such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for expenses from the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant due under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liens.

Appears in 1 contract

Sources: Lease Agreement (Netmanage Inc)

Repairs. A. By taking possession Landlord shall make all repairs necessary to maintain the plumbing, air conditioning, and electrical systems, windows, floors (excluding floor coverings), and all other items which do not constitute a part of the PremisesPremises and are installed or furnished by Landlord, except repairs of Tenant's trade fixtures and property and installations which Tenant was obligated to make or which were performed by Landlord or others at Tenant's request or expense. Landlord shall not, however, be obligated for any of such repairs until the expiration of a reasonable period of time after receipt of written notice from Tenant that such repairs are needed. In no event shall Landlord be obligated under this Paragraph to repair any damage caused by any act, omission or negligence of the Tenant or its employees, agents, invitees, licensees, subtenants, contractors, subcontractors or assignees. Tenant shall be deemed to have accepted take good care of the Premises as being in good, sanitary order, condition and repairthe fixtures and appurtenances therein. Tenant shall, at Tenant's its sole cost and expense, keep repair and replace all damage or injury to the Premises and every part thereof Building and to fixtures and equipment caused by Tenant or its employees, agents, invitees, licensees, subtenants, contractors, or subcontractors, or assignees, including, but not limited to, injury or damage resulting from all or any of them moving in good condition or out of the Building or by installation or removal of furniture, fixtures or other property, which repairs and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear replacements shall be in quality and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises class equal to the original, undamaged condition. If Tenant fails to make such repairs or replacements, the same may be made by Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding accordance with the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsParagraph 26N hereof. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any inconvenience, injury to to, or interference with Tenant's business arising from the making of any repairs, alterations alterations, additions or improvements in or to any portion of the Premises or the Land and Building or the Premises, to any appurtenances or in or to fixtures, appurtenances and equipment therein. Tenant waives the right Landlord shall use reasonable efforts to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect minimize such inconveniences and interference (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if but Landlord fails shall not be required to perform any repair such work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (normal business hours or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required workon an overtime basis), then Tenant . There shall be permitted to make no abatement of rent because of such repairs, using contractors reasonably approved by Landlordalterations, additions or improvements, except as may be specifically provided (i) Tenant first gives in Paragraph 11 hereof. Landlord an additional two (2) business days' prior written notice indicating that Tenant intends covenants to undertake make reasonable efforts to implement such repairrepairs, alterations, additions or improvements in a timely and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenantexpeditious manner, but without any off-set rights against rent or any in no event shall Landlord be required to perform such work at times other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensthan during Normal Business Hours.

Appears in 1 contract

Sources: Lease Agreement (Sonic Foundry Inc)

Repairs. A. By taking possession of the Premises, Section 14.01. Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof the fixtures and appurtenances therein in good order and condition at its sole cost and repair damage thereto from causes beyond the reasonable control expense which are not Landlord’s obligations pursuant to any provision of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord and shall have commit no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of waste in the Premises or the Building except as specifically herein set forthBuilding. In addition, Tenant shall make repairs necessitated by its negligence or the negligence of its employees and guests. Tenant’s ordinary repairs shall include, without limitation, the following: (a) any installations made by or on behalf of Tenant (excepting the Initial Alterations for a period of twelve (12) months); (b) trade fixtures and other property belonging to Tenant. B. Notwithstanding the provisions of Article 11. A. hereinabove, Section 14.02. Landlord shall repair and promptly make all repairs necessary to maintain the structural portions of the Building, including the basic roof, and the Building systems (HVAC, electrical, plumbing, air conditioningmechanical, heating etc.), exterior glass, parking areas and electrical systems installed or furnished by facilities servicing the Premises in proper order, condition, and repair. Unless Landlord unless such maintenance and repairs are caused in part or in whole by has actual knowledge of the actneed for repairs, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay provide a written notice to Landlord that repairs to the reasonable cost of such maintenance and repairsPremises are needed. Landlord shall not be liable for obligated under this Article to repair any failure to make any such repairs damage caused by the negligence of Tenant, its employees or guests, subtenants, or contractors or subcontractors retained by Tenant to perform any maintenance unless such failure work on the Premises. Section 14.03. All repairs, restorations or replacements by either party shall persist for an unreasonable time after written notice be of the need of such repairs or maintenance is given to Landlord by Tenantfirst-class quality and done in a good and workmanlike manner. Section 14.04. Except as provided otherwise set forth in Article 22 hereofthis Lease, there shall be no abatement allowance to Tenant or diminution of rent Rent and no liability on the part of Landlord by reason of any inconvenience, annoyance or injury to or interference with Tenant's business arising from the making of any repairs, alterations alterations, additions, substitutions or improvements in or to any portion of the Building or the Premises, Premises or in or and to the fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter thereof; provided that in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make each case such repairs, using contractors reasonably approved by Landlordalterations, additions, substitutions or improvements are effected in a manner which does not cause unreasonable inconvenience to Tenant and provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating further that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair in each case all work done by Tenant shall be in connection with such repairs, alterations, additions, substitutions or improvements is done promptly in accordance a good and workmanlike manner consistent with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensa First Class Office Building.

Appears in 1 contract

Sources: Lease Agreement (Ariba Inc)

Repairs. A. By taking possession Landlord shall make, as an Operating Expense of the Building, all repairs necessary to maintain the plumbing, heating, ventilating, air conditioning, electric systems, external windows and floors (excluding carpeting and floor coverings), provided, however, that Landlord shall not be obligated to make any such repairs until the expiration of a reasonable period of time after receipt of written notice from Tenant that such repair is needed. In no event shall Landlord be obligated under this Section 13 to repair any damage caused by any act, omission or negligence of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors. If Tenant requires maintenance, servicing, repair or replacement of any special plumbing, heating or air conditioning systems installed for Tenant's benefit in the Leased Premises, whether or not such systems are tied into the standard Building systems, such maintenance, servicing, repair or replacement shall be made at the sole expense of Tenant, unless the need for such repairs is caused, in whole or in part, by the negligence or wilful misconduct of Landlord, its agents or employees. Tenant shall be deemed to have accepted maintain the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Leased Premises and every part thereof the fixtures and appurtenances therein in good condition and repair damage thereto from causes beyond the at all times, reasonable control of Tenant with ordinary wear and tear excepted. Except to the extent released by Landlord pursuant to the waiver of subrogation provision in Section 23 hereof, Tenant shall upon the expiration reimburse Landlord for all costs and expenses of repairing and replacing all damage or sooner termination of this Lease hereof surrender the Premises injury to the Landlord in good conditionLeased Premises and the Building and to fixtures and equipment caused by Tenant or its employees, ordinary wear and tear and damage from causes beyond agents, invitees, licensees, subtenants, or contractors, or as the reasonable control result of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises all 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 them moving in or out of the Premises Building or the Building except by installation or removal of furniture, fixtures or other property. Such costs and expenses shall be collectible as specifically herein set forth. B. Notwithstanding the provisions Additional Rent and paid by Tenant within fifteen (15) days after rendition of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsa ▇▇▇▇ therefor. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations alterations, additions or improvements in or to any portion of the Leased Premises or the Building or the Premises, to any appurtenances or in or to fixtures, appurtenances and equipment therein. There shall be no abatement of rent because of such repairs, alterations, additions or improvements or because of any delay by Landlord in making the same. Tenant waives the right shall give to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's prompt written notice of any accidents to, or defects in plumbing, electrical, heating and air conditioning systems and apparatus located in the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensLeased Premises.

Appears in 1 contract

Sources: Lease Agreement (Worldgate Communications Inc)

Repairs. A. By taking possession 10.1 Landlord shall not be required to make any repairs or replacements of any kind or character on the Premises during the Lease Term except repairs to the exterior walls, corridors, window, roof and other structural elements and equipment of the PremisesBuilding, Tenant shall be deemed to have accepted the Premises as being except when such repairs are caused by fire or other casualty, in goodwhich event, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove13 shall govern and control. Landlord shall not be responsible for termite, or other insect, or vermin eradication. Subject to the provisions of any waiver contained in Section 12.2, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and not be required to make any repairs are caused in part or in whole occasioned by the act, neglect, fault acts or omission negligence of any duty by the Tenant, its agents, servantsemployees, employees or contractors and invitees, in which case . Tenant shall pay give immediate written notice to Landlord of the reasonable cost of such maintenance need for repairs or corrections and repairs. Landlord shall not be liable for any failure have a reasonable time to make any such repairs or corrections. ▇▇▇▇▇▇▇▇'s liability hereunder shall be limited to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need cost of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment thereincorrections. Tenant waives the provisions of any law permitting Tenant the right to make repairs and deduct the expense of such repairs from the rent due under the lease. 10.2 Landlord may, at Landlord's its option and at the cost and expense under of Tenant, repair or replace any law, statute damage or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect injury done to the Premises pursuant to this ParagraphBuilding or any part thereof, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed caused by Tenant, but without any off-set rights against rent its agents, employees, contractors or any other amounts payable by Tenant under this Leaseinvitees. Any repair work done by Tenant shall be done pay such costs, plus an administrative fee equal to fifteen percent (15%) of the costs, to Landlord on the next date an installment of Base Rental is due following notice from Landlord of the costs. ▇▇▇▇▇▇ further agrees throughout the Lease Term to maintain and keep the interior of the Premises in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensgood repair and condition at Tenant's expense.

Appears in 1 contract

Sources: Office Lease (Phymed Inc)

Repairs. A. By taking possession 16.1. Subject to the other provisions of the Premisesthis LEASE, Tenant LANDLORD shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shallmake, at Tenant's its sole cost and expense, keep only those repairs necessary to maintain the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control BUILDING (exclusive of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if anyTENANT'S PERSONALTY), to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic include plumbing, heating, ventilating, air conditioning, heating conditioning and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the actsystems, neglectwindows, fault or omission of any duty by the Tenantfloor slabs; provided, its agentshowever, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord that LANDLORD shall not be liable for any failure obligated to make any such repairs until the expiration of a reasonable period of time after receipt of written notice from TENANT that such repair is needed. In no event shall LANDLORD be obligated under this Section to repair any damage caused by any act or omission of TENANT or its employees, agents, invitees, licensees, subtenants or contractors. 16.2. Except as LANDLORD is obligated for repairs as provided hereinabove, TENANT shall make, at its sole cost and expense, all repairs necessary to perform any maintenance unless maintain the PREMISES and TENANT'S PERSONALTY. TENANT shall keep the PREMISES and TENANT'S PERSONALTY therein neat and in good, operable and orderly condition. All repairs by TENANT to TENANT'S PERSONALTY or otherwise required of TENANT hereunder shall be of first-class quality and be done in a good and workmanlike manner. If TENANT refuses or neglects to make such failure shall persist for an unreasonable time repairs, or fails to diligently prosecute the same to completion after written notice from LANDLORD of the need therefor, LANDLORD may (in addition to and not in lieu of any other rights and remedies) make such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there at the expense of TENANT and such expense shall be collectible as additional rent upon demand without set-off or deduction; provided that any such repairs by LANDLORD shall not prejudice any other rights or remedies of LANDLORD and LANDLORD shall have no abatement obligation to perform such repairs. 16.3. Unless caused by the gross negligence or willful misconduct of rent and no liability of Landlord LANDLORD, LANDLORD shall not be liable by reason of any injury to or interference with Tenant's TENANT'S business arising from the making of any repairs, alterations alterations, additions or improvements improvement in or to the PREMISES or any other portion of the Building or the Premises, or in PROPERTY or to fixtures, any appurtenances and or equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant There shall be permitted to make no abatement of rent because of such repairs, using contractors reasonably approved alterations, additions or improvements, except as expressly provided in Section 19 hereof. LANDLORD shall use its reasonable efforts to avoid interference with TENANT'S use of the PREMISES. 16.4. Unless caused by Landlordthe gross negligence or willful misconduct of LANDLORD, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends LANDLORD shall not be liable to undertake such repairTENANT for any damage occasioned by plumbing, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs electrical, gas, water, steam or other utility pipes, systems or facilities or by the bursting, stopping, leaking or running of any repair as permitted under this Paragraphtank, Landlord agrees to reimburse Tenant for sprinkler, washstand, water closet or pipes in or about the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent PREMISES or any other amounts payable portion of the PROPERTY, nor for any damage occasioned by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with water being upon or coming through or around the provisions roof or any flashing, window, skylight, vent, door, or the like; nor for any damage arising out of this Leaseany acts of negligence of other TENANTS or occupants of the BUILDING, including without limitation, Paragraph 12, keeping occupants of adjacent property or the premises free from lienspublic.

Appears in 1 contract

Sources: Lease Agreement (Be Free Inc)

Repairs. A. By taking possession (a) Subject to the provisions of Paragraphs 9 and 58 of this lease, during the full term of this lease, Landlord shall make all structural repairs to the Demised Premises, Tenant except those which shall be deemed to have accepted been occasioned by the Premises as being in goodacts of omission or commission of Tenant, sanitary orderits agents, condition and repair. Tenant shallemployees or invitees, which repairs Landlord shall make at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises Structural repairs are hereby defined to be repairs to the Landlord in good conditionroof supports, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendumbearing walls, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed foundation and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairssteel. Landlord shall not be liable for any failure perform all maintenance and repair work with reasonable diligence and in a workmanlike manner and agrees to make any such repairs or use commercially reasonable efforts to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or minimize interference with Tenant's business arising from operations at the making Demised Premises. Except for Landlord's obligations specifically set forth in this Paragraph 48, Tenant shall, at its own cost and expense, keep the Demised Premises in good condition, repair and appearance at all times throughout the term of any repairsthis lease including, alterations or improvements in or to any portion without limitation, (i) maintenance, repair and replacement of the Building or electrical, plumbing, sprinkler, heating, air conditioning, ventilation, life safety and all other mechanical systems servicing the Demised Premises; (ii) regularly-scheduled cleaning and maintenance of the interior of the Demised Premises; (iii) the maintenance, or in or to fixturesrepair and replacement of all windows, appurtenances doors and equipment therein. Tenant waives plate glass; and (iv) maintenance, repair and replacement of the right to make repairs at Landlord's expense under any lawroof, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord other than with respect to the roof area described in Paragraph 47 above and the roof supports described in this Paragraph 48(a). Tenant shall at all times obtain and keep in full force and effect for the benefit of Landlord and Tenant with a responsible company doing business in Suffolk County a service, repair and maintenance contract with respect to the heating, ventilating and air conditioning systems servicing the Demised Premises. A copy of such contract and renewals thereof shall, upon issuance and thereafter not later than ten (10) days prior to expiration, be furnished to Landlord together with evidence of payment. (b) Notwithstanding anything to the contrary contained in this lease, if there exists the need for a repair in the Demised Premises pursuant for which Landlord is responsible hereunder (other than an Emergency Repair [as hereinafter defined] or an Immediate Repair [as hereinafter defined]), and Landlord has failed to this Paragrapheither (i) commence and diligently pursue the completion of such repair, or (ii) deliver written notice to Tenant disputing the necessity of, or Landlord's responsibility for, the subject repair (either such action being herein referred to as a "Landlord Repair Response"), within thirty (30) days after Landlord receives Tenant's following written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work)thereof by Tenant, then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided may deliver a five (i) Tenant first gives Landlord an additional two (25) business days' prior written day notice indicating that Tenant intends of Tenant's intention to undertake such repair, and arrange for the performance of the subject repair for the account of Landlord. lf there has still not occurred a Landlord Repair Response by the expiration of the aforementioned five (ii) Landlord fails to commence such repair within such two (25) business day period. If , then Tenant performs any may arrange for the performance of the subject repair as permitted under this Paragraph, and Landlord agrees to shall promptly reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any offout-set rights against rent or any other amounts payable of-pocket expenses incurred by Tenant under in connection therewith. However, Tenant acknowledges and agrees that (y) the exercise by Tenant of the foregoing self-help right shall be limited to the boundaries of the Demised Premises only or, subject to the further restrictions set forth in subsection (z) below, those portions of the Building which Tenant is entitled to use pursuant to this Leaselease or which materially adversely affects Tenant's access to and use of the Demised Premises, and (z) if any aspect(s) of the repair or restoration work would affect, touch or concern the Building systems or the common areas and/or exterior portions of the Building, then Tenant shall only engage a subcontractor(s) approved by Landlord for the performance of the subject work. Any For purposes of this Paragraph 48(b) only, the term "Emergency Repair" shall mean and refer to any repair work done by which, if not promptly performed, will likely result in imminent material harm to persons and/or personal property. In the event an Emergency Repair is necessary, Tenant shall be done in accordance with permitted to immediately perform the provisions Emergency Repair, as set forth herein, without notice to Landlord. For purposes of this LeaseParagraph 48(b) only, including without limitationthe term "Immediate Repair" shall mean and refer to any repair which, Paragraph 12if not promptly performed, keeping will materially and adversely affect Tenant's normal use and occupancy of the premises free Demised Premises. In the event an Immediate Repair is necessary, Tenant shall be permitted to perform the Immediate Repair, as set forth herein, in the event Landlord has failed to commence such Immediate Repair within three (3) business days of written notice from liensTenant of the need for such Immediate Repair.

Appears in 1 contract

Sources: Lease Agreement (Standard Microsystems Corp)

Repairs. A. By taking possession Landlord shall keep the exterior roof and walls of the Premisesbuilding in which the Demised Premises are situated in good repair, but the Tenant shall give to the Landlord seven (7) days written notice of needed repairs, and the landlord shall have a reasonable time thereafter to make them, provided, however, that should such damage be deemed occasioned by an act of the Tenant, the Landlord shall assume no responsibility whatever for the repair thereto, and in addition, the Landlord may hold the Tenant responsible for such damage. Landlord has no obligations for repairs of any kind, nature or description except as specifically set forth herein, and there shall be no setoff against payment of rent for any reason. Representations and covenants by the Landlord as to have accepted the Demised Premises as being shall be enforceable by the Tenant in goodthe manner prescribed by law, sanitary order, condition and repairthe refusal to pay rent shall be a breach of the lease and not a setoff. Tenant shall, at Tenant's sole its own cost and expense, keep take good care of and make necessary repairs, structural and otherwise, to the Premises interior of the Demised Premises, and every part thereof the fixtures and equipment therein and appurtenances thereto, including the exterior and interior windows, doors and entrances, store fronts, signs, showcases, floor coverings, interior walls, columns and partitions; and lighting, heating, plumbing and sewage facilities, and electrical equipment. Landlord shall maintain the air conditioning installations and appurtenances in good repair and order. Tenant is responsible for cleaning all ducts and replacing and maintaining the appurtenances in good repair and order . Tenant is responsible for cleaning all ducts and replacing all filters. Reasonable written notice to Landlord, specifying the repairs to be made, constitutes and absolute condition and repair damage thereto from causes beyond the reasonable control precedent to Landlord's duty of Tenant with ordinary wear and tear exceptedrepair. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except pay as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of additional rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant $30.00 per month for the reasonable, actual and documented costs purpose of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensan air conditioner maintenance policy.

Appears in 1 contract

Sources: Lease Agreement (Rose Group of Nevada)

Repairs. A. By taking possession of Tenant shall replace as necessary all light bulbs, fluorescent tubes, ballasts and other lighting devices in lighting fixtures within the Premises, . Tenant shall be deemed to have accepted responsible for the repair and maintenance of any minor issues within the premises. (Example: replacement of air filters, the fixing or replacement of a leaky faucet, etc.) The Landlord shall be responsible for the repair, replacement, and or maintenance of any major issues within the premises. (Example: repair or replacement of a burst/broken water line/pipe/main, the repair of any electrical issues that were caused by something other than the negligence of the tenant, etc.) Except as set forth herein, Tenant shall, at its expense, keep the interior of the Premises as being in good, sanitary order, good condition and repairrepair and shall also be responsible for the entire cost of all repairs and replacements otherwise the responsibility of Landlord hereunder that are required by reason of acts or negligence of Tenant, its agents, employees, customers or invitees. Tenant shall be responsible for repairing any damage to the Building caused by the installation or moving of Tenant's furniture, equipment and personal property. Tenant shall, at Tenant's sole cost and its expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in or adjacent to the Premises. Tenant shall at all times keep the Premises in a clean, orderly, neat and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedsafe condition. Tenant shall upon not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration or sooner termination of this Lease hereof surrender the Premises to Term. In the Landlord in good conditionevent that, ordinary wear and tear and damage from causes beyond at the reasonable control request of Tenant excepted. Except as specifically provided in an addendum, if any, to this LeaseTenant, Landlord shall have no obligation whatsoever to alterperforms any maintenance, remodel, improve, repair, decorate repairs or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition servicing of the Premises or which is the Building except as specifically herein set forth. B. Notwithstanding the provisions obligation of Article 11. A. hereinaboveTenant hereunder, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case then Tenant shall pay to Landlord the reasonable cost of such maintenance and repairsdirectly tberefor. Tenant shall give Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need for any such repairs to be made by Landlord, and Landlord shall be under no liability for damage or injury, however caused, in the event of its failure to make such repairs unless it shall have received such notice from Tenant and failed to make such repairs within a reasonable time after receipt of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment thereinnotice. Tenant hereby waives the any right to make repairs at Landlord's expense under expense. Landlord may make any lawalterations, statute improvements or ordinance now repairs which Landlord may deem necessary for the preservation, safety or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice improvement of the need Premises. Not withstanding the above, Landlord shall be responsible for such the repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature and replacement of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairroof and Building structure, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs replacement of any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensHVAC equipment.

Appears in 1 contract

Sources: Office Lease (Coronado Industries Inc)

Repairs. A. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. *Except latent defects. B. b. Notwithstanding the provisions of Article 11. A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. *Except Landlords gross negligence or willful misconduct or breach of contract of Landlord, Landlord's agent or contractor. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Office Lease (Portal Software Inc)

Repairs. A. By taking possession of the Premises14.1 Except as otherwise provided in Article 14.2, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the non-structural portions of the Premises and every part thereof in good condition and repair, including the maintenance, cleaning and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear all interior glass panels and tear exceptedpartitions. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building Premises, except as specifically herein set forth. B. Notwithstanding forth in this Lease. Tenant shall, subject to the provisions of Article 1113.3, upon the expiration of the Term, surrender the Premises to Landlord in the same condition as received, ordinary wear and tear and casualty damage excepted. At the expiration of the Term, Tenant shall remove all trash and rubbish from the Premises and return the Premises in broom clean condition. A. hereinabove14.2 Notwithstanding anything to the contrary contained in Article 14.1, and subject to Article 14.3, and Tenan▇'▇ ▇▇ligation to pay Expense Rent pursuant to Article 5, Landlord shall repair and maintain the common areas, the structural portions of the BuildingBuilding and the structural portion of the Premises, if any, and all building systems, including the basic plumbing, air conditioning, heating conditioning and electrical systems installed or furnished by Landlord unless Landlord. To the extent such maintenance and repairs are caused in part or in whole repair is necessitated by the act, neglect, fault of or omission of any duty by the Tenant, its agents, servants, employees employees, licensees, or invitees, in which case Tenant shall pay to Landlord Landlord, upon receipt of written notice thereof, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an any unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by TenantTenant and Landlord has not commenced to make the repair or perform the maintenance within thirty (30) days. Except as provided in Article 22 21 hereof, and so long as Landlord is making reasonable efforts to minimize interference, there shall be no abatement of rent and no liability of Landlord by reason of any injury to to, or interference with Tenant's business with, Tenan▇'▇ ▇▇siness arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, . Tenan▇ ▇▇▇▇es that the Premises described herein do not constitute a "Dwelling Unit" or "Dwelling" as the term is used in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect Section 1940 et seq. Notwithstanding anything to the Premises pursuant contrary in the Lease, Landlord shall perform all such repair and maintenance required to this Paragraph, be performed by Landlord within thirty (30) days after Landlord receives Tenant's receipt of written notice of from Tenant describing the need for such repair (or such period of time work, unless the defect constitutes an emergency, in excess of thirty (30) days which case Landlord shall cure the defect as is reasonably necessary based upon quickly as possible. Notwithstanding anything to the nature contrary contained in this Lease, if Landlord shall fail to perform any of the required work)terms, provisions, covenants or conditions to be performed or complied with by Landlord pursuant to this Lease after expiration of all applicable notice and cure periods for Landlord's and any mortgagee's benefit as set forth in the Lease, then Tenant shall be permitted may, at Tenant's option without any obligation to make such repairsdo so, using contractors reasonably approved by after delivery of an additional written notice to Landlord, provided perform any such term, provision, covenant, or condition. If Tenant so performs any of Landlord's obligations hereunder, the amount of the reasonable and actual cost and expense incurred by Tenant shall immediately be owing by Landlord to Tenant, and Landlord shall promptly pay to Tenant upon demand the a reasonable undisputed amount thereof with interest thereon from the date of payment at the greater of (i) Tenant first gives Landlord an additional two ten percent (210%) business days' prior written notice indicating that Tenant intends to undertake such repairper annum, and or (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as the highest rate permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensapplicable law.

Appears in 1 contract

Sources: Valuation and Qualifying Accounts (Syncor International Corp /De/)

Repairs. A. By taking possession Subject to the provisions of Paragraphs 9 and 58 of this lease, during the full term of this lease, Landlord shall make all structural repairs to the Demised Premises, Tenant except those which shall have been occasioned by the acts of omission or commission of Tenant, its agents, employees or invitees, which repairs Landlord shall make at Tenant’s sole cost and expense. Structural repairs are hereby defined to be deemed repairs to have accepted the Premises as being roof supports, the bearing walls, foundation and the structural steel. Landlord shall perform all maintenance and repair work with reasonable diligence and in gooda workmanlike manner and agrees to use commercially reasonable efforts to minimize interference with Tenant’s business operations at the Demised Premises. Except for Landlord’s obligations specifically set forth in this Paragraph 48, sanitary order, condition and repair. Tenant shall, at Tenant's sole its own cost and expense, keep the Demised Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear repair and tear appearance at all times throughout the term of this lease including, without limitation, (i) maintenance, repair and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition replacement of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinaboveelectrical, Landlord shall repair and maintain the structural portions of the Buildingplumbing, including the basic plumbingsprinkler, heating, air conditioning, heating ventilation, life safety and electrical all other mechanical systems installed or furnished by Landlord unless such servicing the Demised Premises; (ii) regularly-scheduled cleaning and maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion interior of the Building or Demised Premises; (iii) the Premisesmaintenance, or in or to fixturesrepair and replacement of all windows, appurtenances doors and equipment therein. Tenant waives plate glass; and (iv) maintenance, repair and replacement of the right to make repairs at Landlord's expense under any lawroof, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord other than with respect to the Premises pursuant roof area described in Paragraph 47 above and the roof supports described in this Paragraph 48(a). Tenant shall at all times obtain and keep in full force and effect for the benefit of Landlord and Tenant with a responsible company doing business in Suffolk County a service, repair and maintenance contract with respect to this Paragraphthe heating, within thirty ventilating and air conditioning systems servicing the Demised Premises. A copy of such contract and renewals thereof shall, upon issuance and thereafter not later than ten (3010) days after prior to expiration, be furnished to Landlord receives Tenant's written notice together with evidence of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienspayment.

Appears in 1 contract

Sources: Assignment and Assumption of Lease Agreement (Standard Microsystems Corp)

Repairs. A. By taking possession (a) Tenant shall, at its own cost and expense, keep in good repair all portions of the Premises, including but not limited to glass and plate glass doors, any special store front, interior walls and finish work, floors and floor coverings, and supplemental or special heating and air conditioning systems owned by Tenant, and shall take good care of the Premises and its fixtures and permit no waste, except for normal wear and tear. Except as otherwise provided in this ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ shall not be obligated to repair any Building Systems (as defined in Subparagraph 7(a)). Notwithstanding any provision to the contrary, all damage or injury to the Building, or to its fixtures and appurtenances (including Building Systems), resulting from any act or omission of, or Alterations made by Tenant or persons within Tenant's control shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. repaired by Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond expense to the reasonable control satisfaction of Tenant with ordinary wear Landlord if the required repairs are non-structural in nature and tear excepteddo not affect any Building Systems or by Landlord at Tenant's sole cost and expense if the required repairs are structural in nature or affect any Building Systems. If Tenant shall upon fail, after ten (10) days notice (or such shorter period as may be required because of an emergency) to proceed with due diligence to make required repairs, the expiration or sooner termination of this Lease hereof surrender same may be made by Landlord, and the Premises to expenses incurred with interest at the Landlord in good conditionApplicable Rate (as defined below), ordinary wear and tear and damage from causes beyond the reasonable control of Tenant exceptedshall be paid as Additional Rent within ten (10) days after demand. Except as specifically otherwise provided in an addendumthis Subparagraph 6(a), if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure required to make any repairs or improvements to the Premises, other than structural, mechanical or electrical repairs necessary for safety and tenantability, and such repairs or shall be made during Business Hours. (b) Landlord shall operate, maintain and make all necessary repairs to perform any maintenance unless such failure shall persist for an unreasonable time after written notice the Building Systems and the public portions of the need Building in conformance with standards applicable to non-institutional, office buildings in Atlanta, except for those repairs for which Tenant is responsible pursuant to this Lease. Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall perform such repairs or maintenance is given to Landlord by Tenantwork during Business Hours. Except as expressly provided in Article 22 hereofthis Lease, there shall be no abatement allowance to Tenant for a diminution of rent rental value and no liability on the part of Landlord by reason of any for inconvenience, annoyance or injury to or interference with Tenant's business arising from the making of Landlord, Tenant or others making, or failing to make, any repairs, alterations alterations, additions or improvements in or to any portion of the Building or the Premises, or in or to its fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensequipment.

Appears in 1 contract

Sources: Sublease Agreement (Internet Commerce Corp)

Repairs. A. By taking possession (a) Landlord shall keep the Common Areas of the Building and the Project in a clean and neat condition. Landlord shall make all repairs to the Premises, the Building or the Project made necessary by any gross negligence or willful misconduct of Landlord or any of its assignees, tenants, employees or their respective agents, representatives, contractors or other persons permitted in or invited to the Project by Landlord. Subject to subparagraph (b) below, and as an Operating Cost of the Project, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant shall be deemed to have accepted the Premises as being directly or in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof common with other tenants in good condition and repair damage thereto from causes beyond and to replace same at the end of such equipment’s normal and useful life, reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant casualty loss excepted. Except as specifically expressly provided in an addendum, if any, to Paragraph 9 of this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the PremisesProject. (b) Tenant, at its expense shall keep the Premises and all fixtures (and any equipment or fixtures installed by or for Tenant, for Tenant’s exclusive use) contained therein in or to fixturesa safe, appurtenances clean and equipment thereinneat condition, and shall bear the cost of maintenance and repair thereof. Tenant waives the right to shall make all repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant not required to this Paragraph, within thirty be made by Landlord under subparagraph (30a) days after Landlord receives Tenant's written notice above with replacements of the need for such repair (any materials to be made by use of materials of equal or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then better quality. Tenant shall be do all decorating, remodeling, alteration and painting in the Premises required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Premises, the Building or the Project made necessary by any gross negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to make such repairs, using contractors reasonably approved the Premises or the Project by Landlord, provided (i) Tenant. If Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair repairs or replacements within such two fifteen (215) business day period. If Tenant performs any repair as permitted under this Paragraphdays after written Notice from Landlord, Landlord agrees to reimburse may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent cost thereof. (c) Upon the expiration or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions earlier termination of this Lease, including without limitationTenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Except as otherwise set forth in Paragraph 124(b) of this Lease, keeping Tenant shall remove from the premises free Premises all trade fixtures, furnishings and other personal property of Tenant and all computer and phone cabling and wiring from liensthe Premises, shall repair all damage caused by such removal, and shall restore the Premises to its original condition, reasonable wear and tear excepted. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or personal property, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant’s expense, appropriate the same for itself, and/or sell the same in its discretion.

Appears in 1 contract

Sources: Office Lease (EVO Transportation & Energy Services, Inc.)

Repairs. A. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, order condition and repair. .Tenant shall, at Tenant's ’s sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. .Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. excepted Except as specifically provided in an addendumaddendum to this Lease, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. (b) Notwithstanding the provisions of Article 11. A. hereinabovel2 a.herein above, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. .Except as provided in Article 22 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's T▇▇▇▇▇’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. .Tenant waives the right to make repairs at Landlord's ’s expense under any law, statute or ordinance now or hereafter in effect (including effect.Landlord shall maintain the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of building in a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord manner which is commensurate with respect to other comparable buildings in the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from liensCarlsbad Palomar Airport Class “A” office market.

Appears in 1 contract

Sources: Office Building Lease (Southwest Community Bancorp)

Repairs. A. By taking possession Tenant shall at its own cost and expense keep and maintain all parts of the PremisesPremises and such portion of the Building and improvements within the exclusive control of Tenant in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original. Tenant as part of its obligations hereunder shall be deemed to have accepted keep the Premises in a clean and sanitary condition. Tenant will, as being far as possible keep all such parts of the Premises from deterioration due to ordinary wear and from falling temporarily out of repair, and upon termination of this Lease in good, sanitary order, any way Tenant will yield up the Premises to Landlord in good condition and repair, loss by fire or other casualty covered by insurance to be maintained by Landlord pursuant to subparagraph 10A hereof excepted (but not excepting any damage to glass). Tenant shall, at Tenant's sole its own cost and expense, keep enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all heating and air conditioning systems and equipment serving the Premises (and every part a copy thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear exceptedshall be furnished to Landlord). Tenant shall upon the expiration or sooner termination of this Lease hereof surrender shall, at its own cost and expense, repair any damage to the Premises to the Landlord in good condition, ordinary wear and tear and damage resulting from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. Notwithstanding the provisions of Article 11. A. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord unless such maintenance and repairs are and/or caused in part whole or in whole part by the act, neglect, fault negligence or omission misconduct of any duty by the Tenant, its agents, servantsemployees, employees or invitees, or any other person entering upon the Premises as a result of Tenant's business activities or caused by Tenant's default hereunder. B. Landlord shall at its expense maintain in which case good repair, reasonable wear and tear and any casualty covered by insurance to be maintained by Landlord pursuant to subparagraph 10A excepted, the foundation, roof and walls of the Building. Tenant shall pay to immediately give 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 any defect or need for repairs, after which Landlord shall have reasonable opportunity to repair same or cure such defect. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the need provisions of this Lease shall be limited to the cost of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs curing of such repair performed by Tenantdefect. The term "walls" as used herein shall not include windows, but without any off-set rights against rent glass or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Leaseplate glass, including without limitationdoors, Paragraph 12, keeping the premises free from liensspecial store fronts or office entries.

Appears in 1 contract

Sources: Lease Agreement (Globecomm Systems Inc)

Repairs. A. a. By taking possession of the Premises, Tenant shall be he deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair repair, damage thereto from causes beyond the reasonable control of Tenant with and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage damage, from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof once the initial tenant improvements are completed and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. B. b. Notwithstanding the provisions of Article 11. A. a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating heating, and electrical systems systems, installed or furnished by Landlord Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. , Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises, Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (30) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repair, and (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraph, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienseffect.

Appears in 1 contract

Sources: Lease Agreement (Sionix Corp)

Repairs. A. By taking possession of the PremisesResident shall promptly request, Tenant shall in writing, any repairs to be deemed made to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair damage thereto from causes beyond the reasonable control of Tenant with ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or its fixtures, alarm devices, and other equipment that belong to Agent except in the case of emergency when oral requests for repairs to the management office will be accepted. In any part thereof once circumstance or situation which involves immediate, imminent, or substantial risk of harm or damage to property or person, their health or safety, Resident shall notify Agent immediately of such circumstances, situation, malfunction, or necessity for repair. Such circumstances may include but not be limited to malfunctions of equipment, fixtures, alarm devices, overflowing sewage, utilities (electrical shorts, gas leaks, or uncontrollable running water), smoke, fire, explosions, or any other cause. Upon Agent’s actual receipt of Resident’s written request for repairs (or upon Agent’s oral notification in case of an emergency), Agent shall act with reasonable diligence and in a commercially reasonable manner depending on the initial tenant improvements facts and circumstances in making such repairs. Refrigerator repairs are completed not considered an EMERGENCY [buy dry ice and use coolers] and contact Agent during regular business hours for repairs. Regardless of the parties hereto affirm that Landlord has made no representations extent of damage to Tenant respecting the condition of the Premises or the Building reason for any repair or any desired renovation, Agent may also upon written notice immediately terminate this Lease, if in Agent’s sole and absolute discretion, any repair or renovation would be either impractical or dangerous if Resident continued to occupy the Premises. After any request for repair by Resident, or during the making of any repair by Agent, the Lease shall continue in full force and effect and the rent shall not ▇▇▇▇▇ during any such period, except as specifically herein set forth. B. Notwithstanding in the provisions event of Article 11. A. hereinabovea casualty event making the Premises unfit for habitability. In the event that repairs are necessary due to the negligence of Resident, Landlord Resident shall be responsible for any and all vendor charges incurred. In the event that an appointment is scheduled with a vendor at the request of Resident and said appointment cannot be fulfilled due to an act/omission of Resident, Resident shall be responsible for any and all vendor charges incurred. In the event of any casualty, Owner shall under no circumstances be obligated to Resident for finding or paying for replacement accommodations, and for any other expense, damage, or inconvenience suffered by Resident. In making any repair or maintaining the Premises or property, Agent may temporarily turn off equipment and interrupt utilities to the Premises or property or temporarily take any additional action reasonably necessary, in Agent’s sole and absolute discretion, to affect the repair or perform the maintenance, and to avoid damage to property, the Premises, or the community all without any liability to Resident whatsoever. Resident shall not under any circumstances whatsoever either deduct from rent for any repairs or make any repair and maintain attempt to deduct the structural portions of the Buildingcost from rent owed to Agent, including the basic plumbingunless authorized by statute. Resident shall have no authority or power, air conditioningexpress or implied, heating and electrical systems installed to create or furnished by Landlord unless such maintenance and repairs are caused in part cause any mechanic’s or in whole by the actmaterial men’s lien, neglect, fault charge or omission encumbrance of any duty by kind against the TenantPremises, its agents, servants, employees the property or invitees, in which case Tenant any portion thereof. Resident shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make promptly cause any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord liens that have arisen by reason of any injury work claimed to have been undertaken by or interference with Tenant's business arising from the making of any repairsthrough Resident to be released by payment, alterations or improvements in or to any portion of the Building or the Premisesbonding, or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect otherwise within fifteen (including the provisions of California Civil Code Sections 1941 and 1942 and any successor sections or statutes of a similar nature); provided, however, if Landlord fails to perform any repair work required of Landlord with respect to the Premises pursuant to this Paragraph, within thirty (3015) days after Landlord receives Tenant's written notice of the need for such repair (or such period of time in excess of thirty (30) days as is reasonably necessary based upon the nature of the required work), then Tenant shall be permitted to make such repairs, using contractors reasonably approved request by Landlord, provided (i) Tenant first gives Landlord an additional two (2) business days' prior written notice indicating that Tenant intends to undertake such repairAgent, and shall indemnify Agent against losses arising out of any such claim or claims (ii) Landlord fails to commence such repair within such two (2) business day period. If Tenant performs any repair as permitted under this Paragraphincluding, Landlord agrees to reimburse Tenant for the reasonable, actual and documented costs of such repair performed by Tenant, but without any off-set rights against rent or any other amounts payable by Tenant under this Lease. Any repair work done by Tenant shall be done in accordance with the provisions of this Lease, including without limitation, Paragraph 12, keeping the premises free from lienslegal fees and costs of court).

Appears in 1 contract

Sources: Residential Rental Agreement