Common use of Repairs Clause in Contracts

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant will, at its own expense and subject to the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom.

Appears in 2 contracts

Samples: Office Lease (21st Century Telecom Group Inc), 21st Century Telecom Group Inc

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Repairs. Subject 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 Force Majeure events (as defined in Article 35(A))reasonable delays for insurance adjustment, Tenant will, at its own expense and subject to the provisions of Article 8 all other terms of this LeaseArticle, keep restore the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair , the Common Areas and tenantable condition at all times during the Term portions of this Lease, the Project serving the Premises and Tenant shall promptly and adequately repair assign to Landlord all damages insurance proceeds payable to Tenant as to the Tenant Responsible Premises (except reasonable wear Improvements and tear and as otherwise any Alterations; provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and that if the cost of general conditions at 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's then published rates) , such excess shall be deemed additional rent reserved under this Lease due 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 payable within thirty 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 (30a) days after delivery required by Law; (b) required by the holder of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in mortgage on the Building, or as Landlord may be required the lessor of a ground or underlying lease with respect to do the Property; or (c) to the Common Areas reasonably deemed desirable by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the PremisesLandlord, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance which are consistent with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to character of the Premises or the Building or any equipment located in the Building, Landlord Project. No such modifications shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's impair access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of Tenant’s Property. Landlord shall not be liable for any loss of business, inconvenience, or Tenant's ability to conduct its business in annoyance arising from any casualty or any repair or restoration of any portion of the Premises, and if such the Building, or the Project as a result of any damage from any casualty. All work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access by Tenant shall be subject to the Premises or Tenant's ability to conduct its business in the Premises terms and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromconditions of Article 11.

Appears in 2 contracts

Samples: Office Lease, Office Lease

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant willshall, at its Tenant’s own expense and subject to the provisions of Article 8 of this Leaseexpense, keep the "Tenant Responsible Premises" (as defined below in this Article 7) , including all improvements, fixtures and furnishings therein, in good order, repair and tenantable condition at all times during the Term of this LeaseLease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and Tenant shall promptly and adequately repair all damages subject to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the prior approval of Landlord, and within any reasonable period of time specified by Landlord. If , promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant does not do sofails to make such repairs, ten (10) days Landlord may, after written notice from Landlord to Tenant and Tenant’s failure to repair within five (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may5) business days thereafter, but need not, make such repairs or replacements and replacements, and Tenant shall pay Landlord the amount paid by out-of-pocket costs thereof, plus a percentage of such out-of-pocket costs (to be uniformly established for the Building and/or the Project, but in no event greater than seven percent (7%) thereof) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements (including Landlord's overhead and profit and forthwith upon being billed for same. Subject to the cost terms of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Article 27, below, Landlord may, but shall not be required so to doto, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or to the Building Project or to any equipment located in the Building, Project as Landlord shall be allowed to take into and upon the Premises all material that desire or deem necessary or as Landlord may be required to make do by governmental or quasi-governmental authority or court order or decree; provided, however, except for emergencies, any such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and entry into the Premises during ordinary business hours, by Landlord shall be performed in a manner so long as (except in case of an emergency) the performance of such work during ordinary business hours does not to materially interfere with Tenant's ’s use of, or access to the Premises or Tenant's ability to conduct its business in to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises statute, or Tenant's ability to conduct its business ordinance now or hereafter in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromeffect.

Appears in 2 contracts

Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)

Repairs. Subject Tenant and its agents shall have been given full opportunity to Force Majeure events (as defined in Article 35(A))inspect and examine the Premises prior to occupancy and, by entry hereunder, Tenant willaccepts the Premises in its present "as is" condition, except for latent defects, and without any warranty as to the condition of the Premises or the Building; provided, however, Landlord warrants that all tenant improvements constructed by Landlord in the Premises shall be free from material defects for a period of one (1) year from the date the Premises are delivered to Tenant by Landlord. Except as required by Landlord in the next paragraph below, Tenant shall, at its own Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, ordinary wear and tear and damage thereto by fire, earthquake, act of God or the elements excepted. If Tenant does not make such repairs, Landlord may, after reasonable notice to Tenant, make such repairs and Tenant shall pay (the costs thereof and any accrued interest thereon upon demand. In the event Tenant makes any repairs to the Premises or Building at the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect, Tenant shall do so only after having given reasonable notice to Landlord and Tenant shall only incur reasonable costs in making such repairs and shall make only such repairs as are reasonable, necessary and prudent under the prevailing circumstances. Landlord shall, at Landlord's expense subject to the provisions of Article 8 of this Lease5, keep the "Tenant Responsible Premises" (as defined below in this Article 7) structural portion including the HVAC, plumbing and electrical systems of the Building in good repair and tenantable condition at all times during order, condi- Upon the expiration or sooner termination of the Term of this Leasehereof, and Tenant shall promptly and adequately repair all damages surrender the Premises to Landlord in the Tenant Responsible Premises (except reasonable same condition as when received, ordinary wear and tear and as otherwise provided in Article 25 damage thereto by fire, earthquake, act of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises God or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromelements excepted.

Appears in 2 contracts

Samples: Lease Agreement (Cygnet Financial Corp), Lease Agreement (Cygnet Financial Corp)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant willa) Tenant, at its own expense expense, shall maintain and subject to the provisions of Article 8 of this Lease, keep the "Premises and each and every part thereof (except only that portion of the Premises, if any, that Landlord expressly elects to maintain and so notifies Tenant Responsible in writing, in which case such maintenance shall be done at Tenant's expense), including, without limitation, all utility pipes and conduit, fixtures, heating, ventilating and air conditioning equipment exclusively serving the Premises" (as defined below , all signs, locks, doors, door frames, door checks, windows, window frames, storefronts, skylights and other openings in the roof or exterior walls and floor coverings in a first class order, condition and repair and shall make replacements necessary to keep the Premises in this Article 7) in good repair and tenantable condition at all times during condition. All replacements shall be of quality equal to or exceeding that of the Term of this Lease, and original. Tenant shall promptly make any and adequately repair all damages repairs suggested at the time of the annual maintenance/inspections. Should Tenant fail to commence these repairs and replacements or otherwise maintain the Tenant Responsible Premises within three (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (103) days after written notice from Landlord demand by Landlord, or shall Tenant commence but fail to complete any repairs or replacements within a twenty (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists)20) day period after written demand by Landlord, Landlord may, but need not, may make such the repairs or replacements and the amount paid shall be promptly reimbursed by Landlord Tenant for such repairs and replacements (including Landlord's overhead and profit and the cost thereof, together with interest at the maximum lawful rate from the date of general conditions commencement of the work. Tenant shall repair promptly at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so its expense any damage to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do caused by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect employees or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements caused by installation or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance removal of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's personal property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and . Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements in good condition and additions in repair the roofs and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromHVAC system.

Appears in 2 contracts

Samples: Alpha Technologies Group Inc, Alpha Technologies Group Inc

Repairs. Subject a. By Lessee. Within ten (10) working days of occupying the Premises, --------- Lessee shall be deemed to Force Majeure events (have accepted the Premises as defined being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the date of such possession, subject to all applicable laws, covenants, conditions, restrictions, easements, and other matters of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any portion of the Project. Lessee shall further be deemed to have accepted Lessee Improvements constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, excluding only the punch list items referred to in Article 35(A))4.a. above. Lessee shall at Lessee's sole cost and expense, Tenant willkeep every part of the Premises in good condition and repair, at its own expense damage thereto from causes beyond the control of Lessee (and subject not caused by any act or omission of Lessee or Lessee's Agents) and ordinary wear and tear excepted. If Lessee fails to maintain the provisions of Article 8 of Premises as required by this Lease, keep Lessor may give Lessee notice to do such acts as are reasonably required to so maintain the "Tenant Responsible Premises" (as defined below Premises and if Lessee fails to commence such work immediately in this Article 7) in good repair and tenantable condition at all times during an emergency or where immediate action is required to protect the Term Premises or any portion of this Leasethe Project, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written such notice from Landlord (is given under other circumstances, and diligently prosecute it to completion, then Lessor or sooner Lessor's agents, in an emergency situation addition to all of the rights and remedies available hereunder or other situation giving or threatening by law and without waiving any alternative remedies, shall have the right to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises and to do such acts and expend such funds at all reasonable times the expense of Lessee as are reasonably required to make perform such repairs work. Any amount so expended by Lessor shall be paid by Lessee to Lessor as additional rent, upon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the Premises to the extent such damage is caused by Lessor's or alterationsLessor's agents active negligence or willful misconduct. In no event shall Lessor have any liability to Lessee for any other damages, improvements and additionsor for any inconvenience or interference with the use of the Premises by Lessee, or for any consequential damages, including but not limited to ducts and all other facilities for air conditioning servicelost profits, as Landlord a result of performing any such work. Except as specifically provided in an addendum, if any, to this Lease, Lessor shall deem necessary have no obligation whatsoever to alter, remodel, improve, repair, decorate or appropriate for paint the safety, preservation Premises or improvement any part thereof and the parties hereto affirm that Lessor has made no representations or warranty to Lessee respecting the condition of the Premises or any part of the Building or any equipment located Project except as specifically set forth in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromthis Lease.

Appears in 1 contract

Samples: Sublease and Agreement (Inktomi Corp)

Repairs. Subject to Force Majeure events (A) Except as defined set forth in Article 35(A)), Tenant will, at its own expense Paragraph 5(B) and subject to reimbursement under Article 3, Landlord shall cause all necessary repairs to be made to the provisions roof, structural portions of Article 8 the Building and all existing Building systems, including the electrical and plumbing systems (including sprinklers) (excluding any equipment in the laboratories), exterior doors, windows, corridors and other common areas of this Leasethe Building and the Project and Landlord shall cause the Building and the Project to be kept in a safe, clean and neat condition and shall use reasonable efforts to keep the "Tenant Responsible Premises" all equipment used in common with other tenants (such as defined below in this Article 7plumbing, heating, air conditioning and similar equipment) in good repair condition and tenantable condition at all times during the Term repair. Although Landlord will make direct payments for these repairs, Tenant’s obligation to pay its share of this Lease, and Tenant shall promptly and adequately repair all damages increase in Project Operating Expenses (to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided extent set forth in Article 25 3) which will supply funds to Landlord to pay for certain of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such these repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall will not be required so to do, enter diminished. For the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement first year of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the BuildingTerm, Landlord shall be allowed responsible for the repair and maintenance of all HVAC equipment at the Premises; however, following the expiration of the first year of the Term, Tenant shall be solely responsible for all HVAC units and components with respect to take into and upon any lab areas of the Premises all material and any other areas that are serviced by the same HVAC system. In no event shall Landlord be responsible for any hoods or other equipment in the lab area of the Premises, regardless of the date of installation. Except as may be required to make such repairsexpressly set forth herein, alterations, improvements or additions and, during the continuance there shall be no abatement of any said work, to temporarily close doors, entryways, public space Rent and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty no liability of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere any injury to or interference with Tenant's access business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises Building or Tenant's ability the Project or in or to conduct its business in the Premisesfixtures, appurtenances and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises equipment therein or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromthereon.

Appears in 1 contract

Samples: Cytosorbents Corp

Repairs. Subject to Force Majeure events (as defined in Article 35(A))Tenant, Tenant willafter the commencement of the term of this Lease, shall, at its own expense expense, maintain the Premises in as good condition and subject repair as the Premises were upon the commencement of this term, except for (1) reasonable wear and use during the term of this Lease, or any extension thereof, (2) structural repairs (3) repairs required to be made by Landlord pursuant to the provisions of Article 8 paragraphs D and K of this Lease, keep (4) repairs made necessary by reason of fire or other casualty, or by the "Tenant Responsible Premises" negligent acts or omissions by Landlord or is agents or (5) as defined below otherwise specifically provided for in this Article 7) in good Lease. U. DESTRUCTION OR DAMAGE BY FIRE OR OTHER HAZARDS. The parties hereto agree that if the improvements erected or to be erected upon the Premises are partially or totally destroyed or damaged by fire or other hazard then Landlord shall promptly provide Tenant with an estimated time frame for completion of the restoration and promptly repair and tenantable condition at all times during restore such improvements as soon as it is reasonably practical to restore them so that they are restored substantially to the Term of this Leaseprior existing condition, subject to such changes as Tenant may reasonably require, and provided, however, that such changes will not increase the cost of restoration unless Tenant agrees to pay for such increased cost. Due allowance, however, shall promptly and adequately repair all damages be made for reasonable time necessary for Landlord to adjust the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and loss with the approval insurance companies insuring the Premises at the time of the happening of the fire or the casualty, but in no event shall such adjustment result in Landlord not being obligated to make such restoration, and in any event the restoration must commence within 45 days after the happening of such fire or other casualty, and the completion thereof must be pursued diligently after such fire, casualty, or disaster with reasonable allowance made for delay occasioned by strike, lockouts, or conditions beyond the control of Landlord, and within but in any reasonable period of time specified by Landlord. If Tenant does not do soevent, ten (10) days said restoration must be completed on or before one year after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance happening of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom.fire

Appears in 1 contract

Samples: Commercial Lease (Intuit Inc)

Repairs. (a) Subject to Force Majeure events (as defined in Article 35(A)), Tenant will, at its own expense and subject to the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property existsParagraph 5(b), Landlord mayshall make all necessary repairs to and maintain the structural portions of the Building, but need notincluding the exterior walls, exterior doors, windows, corridors, foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, escalators, elevator cabs, plazas, art work, sculptures, washrooms, mechanical, electrical and telephone closets and other common areas and public areas of the Building (collectively, "Building Structure") and Landlord shall keep the Building in a safe, clean and neat condition, and make all necessary repairs to and maintain all equipment used in common with other tenants, such repairs or replacements as elevators, plumbing, heating, ventilating and air conditioning ("HVAC"), intrabuilding network cabling and similar equipment (including primary and secondary loops connected to the core), and the amount paid by Landlord for such repairs mechanical, electrical, life safety, plumbing and replacements sprinkler systems (including Landlord's overhead connected to the core) ("Building Systems"), in first-class condition and profit repair and shall operate the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under Building as a first-class office building. Notwithstanding anything in this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord mayto the contrary, but Tenant shall not be required so to do, enter the Premises at all reasonable times to make such repairs any repair to, modification of, or alterations, improvements addition to the Building Structure and/or the Building Systems except and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement extent required because of Tenant's use of the Premises for other than normal and customary business office operations. Except as provided in Paragraphs 14 and 15 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with or interruption of Tenant's business arising from the failure of any such equipment or the making of any repairs, alterations or improvements in or to any portion of the Building or any in or to fixtures, appurtenances and equipment located in the Buildingtherein; provided, or as however, Landlord may be required shall use commercially reasonable efforts to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of perform such work during ordinary business hours does not unreasonably interfere in a manner and at such times as will minimize any interference with Tenant's ability to conduct its normal and customary business in operations. Tenant waives the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, right to make repairsrepairs at Landlord's expense under Section 1942 of the California Civil Code, alterationsor under any law, improvements statute or additions ordinance now or hereafter in effect. Landlord shall have no obligation to repair until a reasonable time after receipt of notice or knowledge of the need for repair. The cost of all such work by Landlord, except to the Premises or the Building or any equipment located in the Buildingextent excluded by an exception to Operating Expenses, Landlord shall be allowed included in Operating Expenses pursuant to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromParagraph 3.

Appears in 1 contract

Samples: Lease (Resources Connection Inc)

Repairs. Subject The Lessor shall have no duty to Force Majeure events (the Lessee to make any repairs or improvements to the premises except structural repairs necessary for safety and tenantability, repairs necessary to provide water, sewer, electricity and HVAC service to the Laboratory space, and such other repairs as defined in Article 35(A))are provided for herein. The Lessee shall not cause or permit any waste, Tenant willdamage, or injury to the premises. The Lessee, at its own expense and subject to the provisions of Article 8 of this Leasesole expense, shall keep the "Tenant Responsible Premises" (premises as defined below in this Article 7) now or hereafter constituted with all improvements made thereto in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlordexcepted), and within shall make all repairs, replacements, and renewals necessary to maintain the premises. All repairs, replacements, and renewals shall be at least equal in quality of materials and workmanship to that originally existing in the premises. In the event that the Lessee fails to make any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery written demand from the Lessor specifying the repairs and replacements needed to be done that are the responsibility of a xxxx therefor by Landlord. Landlord the Lessee, the Lessor may, but shall not be required so to, make such repairs and replacements for the Lessee’s account, and the expense thereof shall constitute and be collectible as additional rent; provided, however, that if the Lessee has commenced diligently to doeffect such repairs or replacements but such repairs or replacements can not be completed within said thirty-day period, enter the Premises at all Lessee shall have a reasonable times period of time to complete such repairs or replacements before the Lessor can make such repairs or alterationsreplacements on the Lessee’s behalf. The Lessee shall indemnify, improvements defend and additionshold the Lessor harmless against all costs, expenses, liabilities, losses, damages, suits, fines, penalties, claims, and demands, including but not limited reasonable counsel fees, attributable directly to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required Lessee’s failure to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance comply with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or personforegoing, and the rent reserved herein Lessee shall not call upon the Lessor for any disbursement or outlay whatsoever in no way xxxxx while said repairs, alterations, improvements or additions are being madeconnection therewith, and Tenant expressly releases and discharges the Lessor of and from any liability therefor. The Lessor shall indemnify, defend and hold the Lessee harmless against all costs, expenses, liabilities, losses, damages, suits, fines, penalties, claims, and demands, including reasonable counsel fees, attributable directly to Lessor’s failure to comply with the foregoing, and the Lessor shall not be entitled to maintain call upon the Lessee for any off-set disbursement or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions outlay whatsoever in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premisesconnection therewith, and if such work during ordinary business hours is not expressly releases and discharges the Lessee of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during from any other hours Tenant shall pay for all overtime and additional expenses resulting therefromliability therefor.

Appears in 1 contract

Samples: Science Laboratory Lease Agreement (ArborGen Inc.)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant will, at its own expense and subject to the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) Premises in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except for reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages damaged or broken interior glass (including any glass demishing demising walls and signs thereon), fixtures and appurtencesappurtenances, under the cited direct supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists)at Landlord's election, Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlordlandlord's overhead and profit and the cost of general conditions at Landlord's then published rateswhich amount shall not exceed ______) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlordforthwith. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall desire or deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, required to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for to Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while abatx xxxle said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any offset-set off or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and but if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom.

Appears in 1 contract

Samples: Quaker Fabric Corp /De/

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant willshall, at its Tenant's own expense and subject to the provisions of Article 8 of this Leaseexpense, keep the "Tenant Responsible Premises" (as defined below in this Article 7) , including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and tenantable condition at all times during the Term of this LeaseLease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and Tenant shall promptly and adequately repair all damages subject to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the prior approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to promptly and adequately repair all damage to person the Premises and replace or property exists)repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, Landlord mayshall have the exclusive right, at Landlord's option, but need notnot the obligation, to make such repairs or replacements and replacements, and Tenant shall pay to Landlord the amount paid by Landlord cost thereof, including Landlord's standard, reasonable fee for its involvement with such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlordreplacements, promptly upon being billed for same. Landlord may, but shall not be required so to doto, enter the Premises at all reasonable times times, upon reasonable prior notice to Tenant, except in the case of an emergency, to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or to the Building Project or to any equipment located in the Building, Project as Landlord shall be allowed to take into and upon the Premises all material that desire or deem necessary or as Landlord may be required to make such repairsdo by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection I of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, alterationsstatute, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors ordinance now or hereafter in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromeffect.

Appears in 1 contract

Samples: Office Lease (Corgentech Inc)

Repairs. Subject to Force Majeure events (The premises have been inspected by Lessee and by entry hereunder Lessee accepts the premises as defined being in Article 35(A))good, Tenant willsanitary order, condition and repair. Lessee shall, at its own expense Lessee's sole cost and subject to the provisions of Article 8 of this Leaseexpense, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at all times during keep the Term of this Leasepremises neat, clean, sanitary, and Tenant in a good condition and state of repair. Lessee's duty to repair shall promptly include without limitation the replacement of glass of all windows and adequately repair all damages to the Tenant Responsible Premises (doors as may become cracked or broken, and except for reasonable wear and tear and damage by fire or other unavoidable casualty, shall at all times preserve the premises in as otherwise good repair as they now are or may hereafter be put. Lessee hereby waives all rights to make any repairs at the expense of Lessor as may be provided by law, statute or ordinance nor or hereafter in Article 25 effect. Lessee's responsibility to repair shall not include the roof, or the structural portions of exterior walls and foundation, unless the need for repair for these items results or arises from negligence of Lessee, his agents or employees, or as a result of illegal entry by employee's or agents or disgruntled ex-employees of Lessee. It is specifically understood and agreed that Lessor has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint the premises or any part hereof and that no representations respecting the condition of the premises or the building of which the premises are a part have been made by Lessor to Lessee except as specifically herein set forth. Lessee shall upon the expiration or sooner termination of this Lease) , quit and replace or repair all damages or broken interior glass (including any glass demishing walls surrender the premises to Lessor without notice in the same condition as when received, ordinary wear and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlordtear excepted, and within any reasonable period of time specified by Landlord. If Tenant does not do soin a neat, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening broom-clean condition delivering up to give rise Lessor all keys belonging to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrompremises.

Appears in 1 contract

Samples: Lease (International Knife & Saw Inc)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), 14.01 Tenant willshall, at its own expense sole cost, keep and subject maintain the Leased Premises and appurtenances and every part thereof (excepting exterior walls and roofs Which Landlord agrees to repair) including by way of illustration and not by way of limitation all windows, and skylights, doors, any store front and the interior of the Leased Premises, including all plumbing heating, air conditioning, sewer, electrical systems and all fixtures and all other similar equipment serving the Leased Premises in good and sanitary order, condition, and repair. Tenant shall be responsible for all pest control within the Leased Premises, including but not limited to the provisions eradication of Article 8 any ants or termites should infestation be observed during the ten-n of this the Lease. Xxxxxxxx agrees to provide to Tenant at the commencement date of the Lease, a letter certifying that there are no termites present in the Building or that the Building has been treated for termites. Tenant shall, at its sole cost, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at maintain all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereonutilities, fixtures and appurtencesmechanical equipment used by Tenant in good order, under the cited supervision and with the approval of Landlordcondition, and within any reasonable period of time specified by Landlordrepair. If All windows shall be kept reasonably clean. In the event Tenant does not do so, ten fails to maintain the Leased Premises as required herein or fails to commence repairs (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid requested by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published ratesin writing) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. such request, or fails diligently to proceed thereafter to complete such repairs, Landlord mayshall have the right in order to preserve the Leased Premises or portion thereof, but shall not be required so to doand/or the appearance thereof, enter the Premises at all reasonable times to make such repairs or alterations, improvements have a contractor make such repairs and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate charge Tenant for the safetycost thereof as additional rent, preservation or improvement together with interest at the rate of twelve percent (12%) per annum from the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City date of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any making such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrompayments.

Appears in 1 contract

Samples: Lease Agreement (Optio Software Inc)

Repairs. Subject By entry hereunder Tenaxx xxxepts the Premises as being in the condition in which Landlord is obligated to Force Majeure events (as defined in Article 35(A))deliver the Premises, Tenant will, at its own expense and subject to the any applicable provisions of Article 8 Exhibit "C"; except for any defects which Tenaxx xxxcribes in any "punch-list" described in Exhibit "C" and latent Building defects. Tenant shall deliver written notice of this Leaseany latent Building defect to Landlord within ten (10) business days following Tenaxx'x xiscovery thereof, keep and Tenaxx'x xailure to deliver such notice shall be deemed an admission by Tenant that the "subject defect was not a latent defect. Landlord shall promptly investigate and repair any defects identified in the Latent Building Defect Notice which exist and shall diligently pursue such repair to completion. Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition shall, at all times during the Term and at Tenant's sole cost and expense, keep the Premises (including, without limitation, any Tenant Improvements, Alterations (including the antennae described in Section 42 below) and Tenant's furniture, fixtures, equipment and personal property in the Premises) in good condition and repair (regardless of the cost therefor and/or the time remaining on the Term), ordinary wear and tear, damage thereto by fire (unless caused by or contributed to by Tenant), earthquake, act of God or the elements excepted. Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises and all rights under Sections 1932(1), 1941 and 1942 of the California Civil Code or any successor statute. Tenant shall at the end of the Term surrender to Landlord the Premises and all Alterations thereto that are to remain in the Premises in the same condition as when received, ordinary wear and tear and damage by fire (unless the same is caused by or contributed to by Tenant), earthquake, act of God or the elements excepted. Tenant shall remove all of its personal property and equipment from the Premises prior to the expiration of the Term or earlier termination of this Lease, and if Tenant shall promptly fails to remove the same, Landlord may do so and adequately repair all damages store or dispose of the same at Tenant's sole cost. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Tenant Responsible Premises (Premises, except reasonable wear and tear and as specifically otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under . No representations respecting the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement condition of the Premises or Premises, the Building or any equipment located the Project have been made by Landlord to Tenant, except as specifically provided in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromthis Lease.

Appears in 1 contract

Samples: Office Lease (Act Networks Inc)

Repairs. Subject Landlord shall maintain and repair the exterior of and the public portions of the Building and ail Building systems servicing the Demised Premises. Tenant shall, throughout the term of this lease, take good care of the Demised Premises (which includes the setback space) including the windows and window frames and, the fixtures and appurtenances therein and at Tenant's sole cost and expense promptly make all repairs thereto and to Force Majeure events (the Building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees. Tenant shall also repair all damage to the Building and the Demised Premises caused by the moving of Tenant's fixtures, furniture or equipment All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails, after 15 days notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible, as defined in Article 35(A))additional rent, after rendition of a xxxx or statement therefor, if the Demised Premises be or become infested with vermin, Tenant willshall, at its own expense and subject expense, cause the same to the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at all times during the Term of this Lease, and be exterminated. Tenant shall promptly give Landlord prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the Demised Premises and adequately repair all damages following such notice, Landlord shall remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. There shall be no allowance to the Tenant Responsible Premises (except reasonable wear for a diminution of rental value and tear and as otherwise provided in Article 25 no liability on the part of this Lease) and replace Landlord by reason of inconvenience, annoyance or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of injury to business arising from Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation others making or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times failing to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, additions or improvements and additions in the Premises, and (except in cases or to any portion of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any the Demised Premises or in and to the fixtures, appurtenances or equipment located thereof. The provisions of this Article 4 with respect to the making of repairs shall not apply in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere fire or other casualty with Tenant's access regard to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant which Article 9 shall pay for all overtime and additional expenses resulting therefromapply.

Appears in 1 contract

Samples: Lease Agreement (Arbinet Thexchange Inc)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant willshall, at its Xxxxxx's own expense and subject to the provisions of Article 8 of this Leaseexpense, keep the "Tenant Responsible Premises" (as defined below in this Article 7) , including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and tenantable condition at all times during the Term of this LeaseLease Term. In addition, Tenant shall, at Xxxxxx's own expense, but under the supervision and Tenant shall promptly and adequately repair all damages subject to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the prior approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to promptly and adequately repair all damage to person the Premises and replace or property exists)repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, Landlord mayshall have the exclusive right, at Landlord's option, but need notnot the obligation, to make such repairs or replacements and replacements, and Tenant shall pay to Landlord the amount paid by Landlord actual and reasonable cost thereof, including Landlord's standard fee generally applicable to the Building for its involvement with such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlordreplacements, promptly upon being billed for same. Landlord may, but shall not be required so to doto, enter the Premises at all reasonable times pursuant to Article 27 of this Lease, below, to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or to the Building Project or to any equipment located in the Building, Project as Landlord shall be allowed to take into and upon the Premises all material that desire or deem necessary or as Landlord may be required to make such repairsdo by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, alterationsstatute, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors ordinance now or hereafter in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromeffect.

Appears in 1 contract

Samples: Office Lease (Atara Biotherapeutics, Inc.)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant willshall, at its Tenant's own expense and subject to the provisions of Article 8 of this Leaseexpense, keep the "Tenant Responsible Premises" , including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as defined below in this Article 7) dishwashers, garbage disposals, and insta-hot dispensers), in good order, repair and tenantable condition at all times during the Term of Lease Term. Except as expressly set forth in this LeaseArticle 7 below, and Tenant shall promptly and adequately not be required to maintain or repair all damages Building utility systems located in the core areas of the Building, or in other areas of the Building (including, without limitation, the Premises), to the extent such systems are a part of the general Building utility systems and not a part of the improvements in the Premises. In addition, Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereonshall, fixtures and appurtencesat Tenant's own expense, but under the cited supervision and with subject to the prior approval of Landlord, and within any reasonable period of time specified in writing by Landlord. If , promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided 795344.01/WLA 377082-00004//ejs/ejs -22- 000 X. Xxxxxxxx Xxxxxxxxx [Arrowhead Pharmaceuticals, Inc.] however, that if Tenant does not do so, ten (10) days after fails to make such repairs within a reasonable period of time following Landlord’s written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists)that such repairs are required, Landlord may, but need not, make such repairs or replacements and replacements, and Tenant shall pay Landlord the amount paid by reasonable and actual cost thereof, including a percentage of such cost (to be uniformly established for the Building and/or the Project and not to exceed five percent (5%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery following receipt of a xxxx therefor an itemized invoice for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required so to doto, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant upon reasonable prior written notice (except in cases the case of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make such repairs, alterations, improvements or additions to the Premises or to the Building Project or to any equipment located in the Building, Project as Landlord shall be allowed to take into and upon the Premises all material that deem necessary or as Landlord may be required to make such repairs, alterations, improvements do by governmental or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt quasi-governmental authority or temporarily suspend Building services and facilities without being deemed court order or held guilty of eviction of Tenant or for damages for Tenant's property, business or persondecree, and the rent reserved herein Landlord shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled use all commercially reasonable efforts during any such entry to maintain minimize any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere interference with Tenant's access to the Premises or Tenant's ability to conduct its business ’s operations in the Premises. Tenant hereby waives and releases any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises statute, or Tenant's ability to conduct its business ordinance now or hereafter in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromeffect.

Appears in 1 contract

Samples: Office Lease (Arrowhead Pharmaceuticals, Inc.)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), 4.01. Tenant willshall take good care of the demised premises and the fixtures and appurtenances therein and shall promptly, at its own expense sole cost and expense, make all repairs and replacements, necessary to keep the demised premises in good working order and condition including structural repairs when these which are made necessary by the act, omission or negligence of Tenant or its agents or employees (subject to the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and Section 7.05 hereof). Except as otherwise provided in Article 25 Section 3.05 of this Lease) ,* all damage or injury to the demised premises and replace to its fixtures, glass, appurtenances and equipment or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any to its fixtures, glass, appurtenances and equipment located caused by the moving of Tenant's property in or out of the Building, or as Landlord may be required to do by the City installation or use of Chicago Tenant's property, or by the order use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, shall be repaired, restored or decree of any court or replaced promptly by any other governmental authorityTenant at its sole cost and expense, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such which repairs, alterations, improvements restorations and additions replacements shall be in the Premises, quality and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions class equal to the Premises original work or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required installations. If Tenant fails to make such repairs, alterationsrestorations or replacements**, improvements or additions andsame may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a xxxx therefor. Landlord, during the continuance of any said workat Landlord's expense, to temporarily close doors, entryways, public space shall effect all necessary repairs and corridors replacements in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction the demised premises which are not the obligation of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromhereunder.***

Appears in 1 contract

Samples: Agreement (First Albany Companies Inc)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant willLandlord, at its own expense cost and subject expense, shall maintain the ------- common areas and common area improvements of the Project (and, to the provisions extent necessary to comply with Environmental Laws, the Land), all utility infrastructure from (i) the point of Article 8 connection to the lines of this Lease, keep the applicable utility provider to (ii) the connection point to the Premises (the "Tenant Responsible Premises" (as defined below in this Article 7) Utility Infrastructure"), the foundation, the roof, and the structural soundness of the exterior and load-bearing walls of the Building in good repair condition and tenantable condition at all times during the Term of this Leaserepair, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear excluded, and as otherwise provided in Article 25 accordance with and discharging obligations (other than obligations of Tenant under this Lease) under applicable law, provided, however, that Tenant acknowledges and replace agrees that notwithstanding the foregoing, Landlord's costs for common area maintenance and roof maintenance are among the costs described in Paragraph 2C that are paid in part by Tenant as Tenant Costs, and further provided that nothing in this Paragraph 4.A. shall relieve Tenant of any of its repair or repair all damages maintenance obligations as set forth in this Lease. The term "walls" as used herein shall not include windows, glass or broken interior glass (including plate glass, any glass demishing walls doors, special store fronts or office entries, and signs thereonthe term "foundation" as used herein shall not include loading docks. The term "roof" shall not include any devices or equipment installed or otherwise located on the roof by or for the benefit of Tenant or any other tenant of the Project, fixtures and appurtences, under no such device or equipment may be so located without the cited supervision and with the approval prior written consent of Landlord, to be given or withheld in its reasonable discretion. Tenant shall immediately give Landlord written notice of defect or need for repairs, after which Landlord shall have reasonable opportunity to effect such repairs or cure such defect. If Landlord fails to perform its obligations under this section and Landlord does not begin to cure such failure within any 30 days after Tenant delivers to Landlord written notice thereof (or within a reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located notification in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases event of an emergency) of any and thereafter diligently pursue the cure thereof to completion (even if such repairscure period extends beyond 30 days), alterationsthen Tenant may, improvements and additions after giving such 30-day written notice thereof (or such shorter written notice, or if necessary oral notice, as is reasonable under the circumstances in the Premises, and (except in cases event of an emergency) to Landlord, perform Landlord's unperformed obligations. If Tenant shall so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenantperform Landlord's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be requiredobligations, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, then Landlord shall be allowed reimburse Tenant for the reasonable cost thereof, within 15 days after Tenant delivers to take into and upon the Premises all material that Landlord a written request therefor, together with such supporting documentation as Landlord may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromreasonably request.

Appears in 1 contract

Samples: Lease Agreement (Luminex Corp)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant willshall, at its Tenant’s own expense and subject to the provisions of Article 8 of this Leaseexpense, keep the "Tenant Responsible Premises" (as defined below in this Article 7) , including all improvements, fixtures, equipment, window coverings, and furnishings therein, in good order, repair and tenantable condition at all times during the Term of this LeaseLease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and Tenant shall promptly and adequately repair all damages subject to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the prior approval of Landlord, and within any reasonable period of time specified by Landlord. If , promptly and adequately repair all damage to the Premises and repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear, or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant does not do sofails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair or commence and diligently proceed to repair within ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord maythereafter, but need not, make such repairs or replacements and replacements, and Tenant shall pay Landlord the amount paid by cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and not to exceed seven percent (7%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for (including Landlord's overhead i) maintaining the Building Common Areas in a manner consistent with the character of the Building as a first-class office building, and profit (ii) repairs to the exterior windows, walls, floor slabs, foundation and roof of the Building, the structural portions of the floors of the Building, and the cost systems and equipment including without limitation (except as expressly provided to the contrary herein) all mechanical, electrical, plumbing and HVAC of general conditions the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required so to doto, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or to the Building or to any equipment located in the Building, Building as Landlord shall be allowed to take into and upon the Premises all material that desire or deem necessary or as Landlord may be required to make such do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions andrequired by governmental or quasi-governmental authorities or court order or decree, during or (iii) repairs which are the continuance obligation of Tenant hereunder, any said worksuch entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to temporarily close doorsitems (ii) and (iii) above, entryways, public space and corridors in the Building Landlord shall use commercially reasonable efforts to provide reasonable notice and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's ’s use of, or access to, the Premises. If Landlord fails to make such repair, Tenant may, after written notice to Landlord and Landlord’s failure to repair or commence to repair within ten (10) business days thereafter, but need not, make such repairs and replacements, and Landlord shall pay Tenant the cost thereof upon being billed for same. If Landlord’s failure to perform such required repair makes the Premises or Tenant's ability unfit for the Permitted Use for a period continuing for one hundred eighty (180) days beyond notice to conduct its business in the PremisesLandlord, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and then Tenant nonetheless desires to shall have the same done during right to terminate this Lease upon written notice to Landlord within thirty (30) days thereafter. Tenant hereby waives any other hours Tenant shall pay for and all overtime rights under and additional expenses resulting therefrom.benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. 0000 Xxxxx Xxxxxx Genworth Financial Wealth Management, Inc.

Appears in 1 contract

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

Repairs. Subject Except for ordinary janitorial maintenance which shall be furnished by Lessor five days per week on a regularly scheduled basis, which scheduled days may be modified from time to Force Majeure events (as defined in Article 35(A))time, Tenant willand except for maintenance of Building systems, Lessee shall, at its own expense sole cost and subject expense, keep and maintain the Premises and appurtenances and every part thereof, including without limitation walls, floors, ceilings, doors, solar control tinting on interior windows, electrical facilities and equipment within the Premises (except exterior walls, windows and roofs), in good and sanitary order, condition and repair. By entry hereunder, Lessee accepts the Premises as being in good and sanitary order, condition and repair, except for the list of items to be mutually agreed upon in writing by Lessor and Lessee, delivery of Lessee's preliminary list of said items to occur no later than twenty (20) days following Lessee's occupancy of the Premises, and except for defects not discoverable by inspection, and agrees on the last day of the term of this Lease or earlier termination of this Lease pursuant to the provisions of Article 8 of hereof, to surrender to Lessor said Premises with said appurtenances in the same condition as when received, excepting normal wear and tear or destruction by casualty. Except as set forth to the contrary in this Lease, keep in the "Tenant Responsible Premises" (event that the provisions of any statute, law, ordinance or governmental rule, regulation or requirement now in force and effect, or hereafter enacted or promulgated by any federal, state or local authority, requires by reason of Lessee's use of the Premises any alterations, additions, improvements, repairs, deletions or other modifications or acts of any kind to be done to the Premises or any part thereof, the same shall be done at the sole cost and expense of Lessee, excluding any structural changes not related to or affected by Lessee's alterations, additions, improvements, repairs, deletions or other modifications or acts. Except as defined below specifically set forth in this Article 7) in good repair and tenantable condition at all times during the Term of this Lease, it is specifically understood and Tenant shall promptly agreed that Lessor has no obligation and adequately repair all damages has made no promises to alter, remodel, improve, repair, decorate, paint or otherwise modify the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace Premises, or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlordpart thereof, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and that no representations respecting the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement condition of the Premises or the Building have been made by Lessor to Lessee. If Lessee fails to perform Lessee's obligations hereunder, Lessor may, at Lessor's option, enter the Premises and put the same in good order, condition and repair, and the cost arising or in connection therefrom shall become due and payable as additional rental by Lessee to Lessor upon demand, but nothing contained in this sentence shall be deemed to impose any equipment located duty upon Lessor, or affect in any manner the obligations placed upon Lessee, as a result of Lessor's action. Except in the Buildingevent Lessor or its agents is determined to have been grossly negligent or to have exhibited willful misconduct, there shall be no abatement or as Landlord may be required reduction of rental or other amounts due under this Lease, by reason of injury to do by or interference with Lessee's use of the City Premises arising from or in connection with the making of Chicago or by the order or decree of any court or by any other governmental authorityalterations, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such additions, improvements, repairs, alterations, improvements and additions deletions or other modifications in or to any portion of the Building or the Premises, and (except or in cases or to fixtures, appurtenances, improvements, equipment or other property therein, nor liability of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business Lessor arising therefrom or in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromconnection therewith.

Appears in 1 contract

Samples: Lease (Resourcephoenix Com Inc)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant willshall, at its Tenant's own expense and subject to the provisions of Article 8 of this Leaseexpense, keep the "Tenant Responsible Premises" (as defined below in this Article 7) , including all improvements, fixtures and furnishings therein, and the floor or floors of Premises, in good order, repair and tenantable condition condition, reasonable wear and tear excepted and damage by casualty excluded and governed by Article 11, below, at all times during the Term of this LeaseLease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and Tenant shall promptly and adequately repair all damages subject to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the prior approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to promptly and adequately repair all damage to person the Premises and replace or property exists)repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, Landlord mayshall have the exclusive right, at Landlord's option, but need notnot the obligation, to make such repairs or replacements and replacements, and Tenant shall pay to Landlord the amount paid by Landlord cost thereof, including Landlord's standard fee for its involvement with such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlordreplacements, promptly upon being billed for same. Landlord may, but shall not be required so to doto, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or to the Building Project or to any equipment located in the Building, Project as Landlord shall be allowed to take into and upon the Premises all material that desire or deem necessary or as Landlord may be required to make such repairsdo by governmental or quasi- governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar Jaw, alterationsstatute, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors ordinance now or hereafter in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromeffect.

Appears in 1 contract

Samples: Office Lease (Atlantic Acquisition Inc.)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), 4.01. Tenant willshall take good care of the demised premises and the fixtures and appurtenances therein and shall promptly, at its own expense sole, cost and expense, make all repairs necessary to keep the demised premises in good working order and condition, including structural repairs when those are made necessary by the act, omission or negligence of Tenant or its agents or employees (subject to the provisions of Article 8 Section 7.05 hereof). Except as otherwise provided in Section 3.05 of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages damage or injury to the Tenant Responsible Premises (except reasonable wear demised premises and tear to its fixtures, glass, appurtenances and as otherwise provided in Article 25 of this Lease) and replace equipment or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any to its fixtures, glass, appurtenances and equipment located caused by the moving of Tenant's property in or out of the Building, or as Landlord may be required to do by the City installation or use of Chicago Tenant's property, or by the order use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, shall be repaired, restored or decree of any court or replaced promptly by any other governmental authorityTenant at its sole cost and expense, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such which repairs, alterations, improvements restorations and additions replacements shall be in the Premises, quality and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions class equal to the Premises original work or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required installations. If Tenant fails to make such repairs, alterationsrestorations or replacements, improvements or additions andsame may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a xxxx therefor. Landlord, during the continuance of any said workat Landlord's expense, to temporarily close doors, entryways, public space and corridors shall effect all necessary repairs in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction the demised premises which are not the obligation of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromhereunder.

Appears in 1 contract

Samples: Trans World Gaming Corp

Repairs. Subject to Force Majeure events (as defined in Article 35(A))a) By taking possession of the Premises, Tenant willshall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at its own expense Tenant's sole cost and subject to the provisions of Article 8 of this Leaseexpense, keep the "Tenant Responsible Premises" (as defined below in this Article 7) Premises and every part thereof in good repair condition and tenantable condition at all times during repair, damage thereto from causes beyond the Term reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of this LeaseLease hereof, and Tenant shall promptly and adequately repair all damages surrender the Premises to the Tenant Responsible Premises (except reasonable Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Except as otherwise specifically provided in Article 25 of an addendum, if any, to this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord mayshall have no obligation whatsoever to alter, but need notremodel, make such repairs improve, repair, decorate, or replacements paint the Premises or any part thereof and the amount paid by parties hereto affirm that Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under has made no representations to Tenant respecting this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement condition of the Premises or the Building except as specifically herein set forth. (b) Notwithstanding the provision of Article 13(a) hereinabove, Landlord shall repair and maintain structural portions of the Building including the basic plumbing, air conditioning, heating, and electrical systems installed or any equipment located furnished by Landlord, unless such maintenance and repairs are caused in the Building, part or as Landlord may be required to do in whole by the City act, neglect, fault or omission of Chicago or any duty by the order Tenant, its agents, servants, employees or decree invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Except as provide in Article 24 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any court injury to or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere interference with Tenant's ability to conduct its business in arising from the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make making of any repairs, alterations, alterations or improvements in or additions to any portion of the building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required right to make such repairsrepairs at Landlord's expense under any law, alterations, improvements statute or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors ordinance now or hereafter in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromeffect.

Appears in 1 contract

Samples: Lease Agreement (Sycamore Park Convalescent Hospital)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant will, at its own expense and subject to the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) Premises in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages damaged or broken interior glass (including any glass demishing demising walls and signs thereon), fixtures and appurtencesappurtenances, under the cited direct supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists)at Landlord's election, Landlord may, but not need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published ratesconditions) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlordforthwith. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air aid conditioning service, as Landlord shall desire or deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, required to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for to Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while abatx xxxle said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any offset-set off or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and but if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom.

Appears in 1 contract

Samples: Winston Furniture Co of Alabama Inc

Repairs. Subject a. Except as provided by Exhibit B to Force Majeure events (as defined in Article 35(A))this Lease, Tenant will, at its own expense and subject to shall accept the provisions Premises in "as is" condition as of Article 8 the date of execution of this Lease. Tenant agrees that the Premises in such condition are in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the "Tenant Responsible Premises" (as defined below in this Article 7) Premises and every part thereof in good repair condition and tenantable condition at all times during repair, damage covered by Landlord's fire and extended coverage policy and ordinary wear and tear excepted, and upon the Term expiration or sooner termination of this Lease shall surrender the Premises to the Landlord in good condition, damage covered by Landlord's fire and extended coverage policy and ordinary wear and tear excepted. Further, Tenant shall pay to Landlord the cost of repairing or replacing any interior or exterior glass panels caused in part or in whole by the act of Tenant, its agents, servants, employees or invitees. Except as specifically provided in Exhibit B to this Lease, and Tenant shall promptly and adequately repair all damages Landlord has no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements part thereof and the amount paid by parties hereto affirm that Landlord for such repairs and replacements (including Landlord's overhead and profit and has made no representations to Tenant respecting the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement condition of the Premises or the Building or any equipment located in the Building, or except as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premisesspecifically herein set forth. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom.------------------------ Please Initial

Appears in 1 contract

Samples: Cybergold Inc

Repairs. Subject to Force Majeure events 19.01 Tenant, throughout the Term, shall take good care of the Leased Property, the fixtures and appurtenances therein (as defined including, without limitation, any equipment installed by Tenant in Article 35(A)), Tenant will, at its own expense and subject to accordance with the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages installations required for the furnishing to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided Leased Property of the services enumerated in Article 25 of this Lease) 4 hereof), and replace the entrance doors thereto and, at Tenant’s sole cost and expense, shall make all repairs to the Leased Property, whether structural or repair all damages non-structural, foreseen or broken interior glass (including any glass demishing walls unforeseen, ordinary or extraordinary, as and signs thereon, fixtures when needed to preserve the same in good working order and appurtences, under the cited supervision condition and to comply with the approval Operating Standard. In addition, all damage or injury to any part of the Facility, or to its fixtures, equipment and appurtenances, or to the sidewalks or curbs adjacent to the Facility, whether requiring structural or nonstructural repairs, caused by or resulting from (i) the moving of any FF&E or (ii) any act, omission, neglect or improper conduct of, Tenant’s servants, employees, invitees or licensees, or (iii) Tenant’s Changes or the performance thereof, shall be repaired promptly, either by Landlord at Tenant’s sole cost and expense, to the satisfaction of Landlord or, at Landlord’s option, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due performed by Tenant at Tenant’s sole cost and payable within thirty (30) days after delivery expense. All the aforesaid repairs shall be of a xxxx therefor by Landlord. Landlord may, but quality or class equal to the original work or construction and shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, made in accordance with the preceding grammatical paragraph, provisions of Article 6 hereof. If Tenant fails to proceeds with due diligence to make repairsany repairs required to be made by Tenant, alterationsand such failure continues for five (5) Business Days after the giving of notice by Landlord (except that no such notice or five (5) Business Days period shall be required in any circumstance in which Landlord reasonably deems prompt action required in order to avoid risk of injury to person or damage to property, improvements or additions to which Landlord otherwise reasonably deems an emergency), same may be made by Landlord, and the Premises or the Building or any equipment located in the Building, expenses thereby incurred by Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance collectible as Tenant Charges. Tenant shall give Landlord prompt notice of any said workdefective condition in any mechanical, to temporarily close doorselectric, entrywayssanitary, public space and corridors in plumbing, utility or other service system (or any part thereof) located in, servicing or passing through the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromLeased Property.

Appears in 1 contract

Samples: Operating Lease (Wilshire Enterprises Inc)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), 14.01 Tenant willshall, at its own expense sole cost, keep and subject maintain the Leased Premises and appurtenances and every part thereof (excepting exterior walls and roofs which Landlord agrees to repair) including by way of illustration and not by way of limitation all windows, and skylights, doors, any store front and the interior of the Leased Premises, including all pluming, heating, air conditioning, sewer, electrical systems and all fixtures and all other similar equipment serving the Leased Premises in good and sanitary order, condition, and repair. Tenant shall be responsible for all pest control within the Leased Premises; including, but not limited to the provisions eradication of Article 8 any ants or terminates should infestation be observed during the term of this the Lease. To the best of Landlord's knowledge, the Leased Premises is free of any insects or rodents. Tenant shall, at its sole cost, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at maintain all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereonutilities, fixtures and appurtencesmechanical equipment used by Tenant in good order, under condition and repair. All windows shall be washed and cleaned as often as necessary to keep them clean and fee from smudges and stains. In the cited supervision and with event Tenant fails to maintain the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten Leased Premises as required herein or fails to commence repairs (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid requested by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published ratesin writing) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. such request, or fails diligently to proceed thereafter to complete such repairs, Landlord mayshall have the right in order to preserve the Leased Premises or portion thereof, but shall not be required so to doand/or the appearance thereof, enter the Premises at all reasonable times to make such repairs or alterations, improvements have a contractor make such repairs and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate charge Tenant for the safetycost thereof as additional rent, preservation or improvement together with interest at the rate of twelve percent (12%) per annum from the Premises or date of making such payments. Xxxxxxxx agrees to inspect the Building or any mechanical equipment located in the Building, or as Landlord may be required Leased Premises to do by the City of Chicago or by the insure it is in good working order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromlease commencement.

Appears in 1 contract

Samples: Lease Agreement (Innotrac Corp)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant willshall, at its Tenant’s own expense and subject to the provisions of Article 8 of this Leaseexpense, keep the "Tenant Responsible Premises" , including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as defined below in this Article 7) dishwashers, garbage disposals, and insta-hot dispensers), and the carpet or other floor covering on the floor or floors of the Building on which the Premises are located, in good order, repair and tenantable condition at all times during the Term of this LeaseLease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and Tenant shall promptly and adequately repair all damages subject to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the prior approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to promptly and adequately repair all damage to person the Premises and replace or property existsrepair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear, damage caused by Landlord or any Landlord Party, and damage caused by other events beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs after notice and a reasonable opportunity to cure (provided that such notice and cure right shall not be applicable in the case of an emergency), Landlord may, but need not, make such repairs or replacements and replacements, and Tenant shall pay Landlord the amount paid by reasonable cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not in excess of three percent (3%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for maintaining in good condition and making repairs to the Common Areas, the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment (including Landlord's overhead the base building utility systems and profit and base building utility equipment) of the cost Building, except to the extent that such repairs are required due to the negligence or willful misconduct of general conditions Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required so to doto, enter the Premises at all reasonable times upon reasonable prior notice to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord Tenant (except that no notice shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located be required in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases event of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make such repairs, alterations, improvements or additions to the Premises or to the Building Project or to any equipment located in the Building, Project as Landlord shall be allowed to take into and upon the Premises all material that deem reasonably necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases any and all rights it may have at law or in equity to make such repairs, alterations, improvements or additions and, during repairs at the continuance expense of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom.Landlord

Appears in 1 contract

Samples: Office Lease (Blucora, Inc.)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), 14.01 Tenant willshall, at its own expense sole cost, keep and subject maintain the Leased Premises and appurtenances and every part thereof (excepting exterior walls and roofs which Landlord agrees to repair) including by way of illustration and not by way of limitation all windows, and skylights, doors, any store front and the interior of the Leased Premises, including all plumbing, heating, air conditioning, sewer, electrical systems and all fixtures and all other similar equipment serving the Leased Premises in good and sanitary order, condition, and repair. Tenant shall maintain, but shall not be responsible to replace items of a capital nature, except the HVAC system. Tenant shall be responsible for all pest control within the Leased Premises, including, but not limited to the provisions eradication of Article 8 any ants or termites should infestation be observed during the term of this the Lease. Tenant shall, at its sole cost, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at maintain all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereonutilities, fixtures and appurtencesmechanical equipment used by Tenant in good order, under the cited supervision and with the approval of Landlordcondition, and within any reasonable period of time specified by Landlordrepair. If All windows shall be washed and cleaned as often as necessary to keep them clean and free from smudges and stains. In the event Tenant does not do so, ten fails to maintain the Leased Premises as required herein or fails to commence repairs (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid requested by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published ratesin writing) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. such request, or fails diligently to proceed thereafter to complete such repairs, Landlord mayshall have the right in order to preserve the Leased Premises or portion thereof, but shall not be required so to doand/or the appearance thereof, enter the Premises at all reasonable times to make such repairs or alterations, improvements have a contractor make such repairs and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate charge Tenant for the safetycost thereof as additional rent, preservation or improvement together with interest at the rate of twelve percent (12%) per annum from the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City date of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any making such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrompayments.

Appears in 1 contract

Samples: Lease Agreement (Novoste Corp /Fl/)

Repairs. Subject to Force Majeure events (as defined in Article 35(A))A. By taking possession of the Premises, Tenant willshall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at its own expense Tenant's sole cost and subject to the provisions of Article 8 of this Leaseexpense, keep the "Tenant Responsible Premises" (as defined below in this Article 7) Premises and every part thereof in good repair condition and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additionsrepair, including but not limited to ducts the maintenance, replacement. and repair of any storefront, doors, window casements and glazing and upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in good condition and repair, in both cases ordinary wear and tear excepted. Tenant shall make all repairs to the Premises and to the rest of the Property which are made necessary as a result of any misuse or neglect by Tenant or by its officers, employees, agents or invitees, and all such repairs shall be at least equal in quality to the original work. Landlord, on behalf of Tenant, may make any such repairs which are not promptly made by Tenant and may charge the cost thereof (including a supervision fee of eighteen percent (18%) of the other facilities for air conditioning servicecosts of such repair) to Tenant, as which costs Tenant shall pay promptly, but in any event not later than five (5) days after demand by Landlord. Landlord shall deem necessary have no obligation whatsoever to alter, remodel, improve, repair, decorate or appropriate for paint the safety, preservation Premises or improvement any part thereof; and the parties hereto affirm that neither Landlord nor any agent of Landlord has made any representation or warranty to Tenant with respect to the condition of the Premises or the Building rest of the Property or any equipment located in with respect to the Buildingsuitability of either for the conduct of' Tenant's business or profession therein. Tenant shall maintain all plumbing fixtures (e.g., or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authoritysinks, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premisestoilets, and (except in cases of an emergencydrains) so long as and all electrical fixtures within the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions Premises to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into plumbing and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any offelectrical stub-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromouts.

Appears in 1 contract

Samples: Office Lease (Newport International Group Inc)

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Repairs. Subject In connection herewith, the Landlord represents (i) The property shall be maintained consistent with generally accepted practices associated with a first class research and development building (ii) it shall provide snow plowing for the parking areas (iii) it shall remove snow and ice from walkways (iv) it shall provide landscaping services so that the property is maintained in a neat and clean condition. The same, however, shall be deemed a common area maintenance charge subject to Force Majeure events (inclusion as defined in Article 35(A))Additional Rent. From and after the commencement of and during the Term, the Tenant willshall, at its own expense cost and subject expense: make all other repairs, non-structural, interior and exterior, necessary to the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises" , including all electrical other than common systems, mechanical, heating, ventilating and air conditioning (including any roof top unit), plumbing (other than in common areas) and other building systems [excluding sewer and gas systems and all capital repairs and replacements] serving the Premises, in as defined below in this Article 7) in good condition, order and repair and tenantable condition as the same are at all times during the commencement of the Term of this Leaseor thereafter may be put, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear use, damage by fire or other casualty caused by the Landlord and as otherwise provided repairs which are expressly the obligation of the Landlord hereunder only excepted (it being understood, however, that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Premises in Article 25 of this Lease) good order, repair and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlordcondition). If Tenant does not do so, ten (10) days after written notice from the Landlord (or sooner shall fail to cure any default by the Landlord in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved its obligations under this Lease due and payable within Paragraph 10, thirty (30) days after delivery notice from the Tenant to the Landlord of a xxxx therefor by Landlord. Landlord maysuch default (or, but shall not be required so in the event of imminent danger of injury to dopersons or damage to property, enter after telephone notice of such default) or to commence such cure and diligently prosecute the Premises at all reasonable times same to make such repairs or alterationscompletion, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for in the safety, preservation or improvement absence of any Terminable Default on the part of the Premises or Tenant hereunder, the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairscure such default for the Landlord's account as was specified in such notice, alterationsin which event the Tenant may offset against the Basic Rent next accruing under this Lease, improvements cumulatively until exhausted, the reasonable costs and additions expenses it can demonstrate were incurred in and about good faith in the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance cure of such work during ordinary business hours does not materially interfere with Tenant's access default plus interest thereon at the Lease Interest Rate, but in no event shall any such offset reduce the amount of Basic Rent payable below the amount from time to time necessary for the Premises or Tenant's ability Landlord to conduct its business in make payments of principal, interest and other expenses payable under any first Mortgage perfected against the Premises, including any real estate taxes or other expenses which are or could become a lien upon the Premises, except to the extent such taxes and other expenses are actually paid by the Tenant. The Landlord shall provide the Tenant with evidence of such payments as the Tenant may reasonably require. Notwithstanding the foregoing, if such work during ordinary business hours is not of an emergency nature and does not materially interfere with the Landlord disputes the Tenant's access allegation of default or the Tenant's right to take any action under this paragraph, any action taken by the Tenant under this paragraph or the costs and expenses incurred in any action taken by the Tenant under this paragraph, shall not afford the Tenant the right to offset any amounts due the Landlord until (i) the parties in good faith attempt to meet and resolve any such dispute within 10 days after notice from the Landlord to the Premises Tenant or Tenant's ability within ten days after the 30-day period, or telephone notice specified above, whichever first occurs; or (ii) determination of such dispute by a court of appropriate jurisdiction. Notwithstanding anything to conduct its business the contrary as contained in this Paragraph, the Premises Landlord shall be solely and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay exclusively liable for all overtime repairs and additional expenses resulting therefromreplacements which are capital in nature.

Appears in 1 contract

Samples: Adaptive Broadband Corp

Repairs. Subject a. By Lessee. By taking possession of the Premises, Lessee shall be --------- deemed to Force Majeure events (have accepted the Premises as defined being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the date of such possession, subject to all applicable laws, covenants, conditions, restrictions, easements, and other matters of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any portion of the Project. Lessee shall further be deemed to have accepted Lessee Improvements constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, excluding only the punch list items referred to in Article 35(A))4.a. above. Lessee shall at Lessee's sole cost and expense, Tenant willkeep every part of the Premises in good condition and repair, at its own expense damage thereto from causes beyond the control of Lessee (and subject not caused by any act or omission of Lessee or Lessee's Agents) and ordinary wear and tear excepted. If Lessee fails to maintain the provisions of Article 8 of Premises as required by this Lease, keep Lessor may give Lessee notice to do such acts as are reasonably required to so maintain the "Tenant Responsible Premises" (as defined below Premises and if Lessee fails to commence such work immediately in this Article 7) in good repair and tenantable condition at all times during an emergency or where immediate action is required to protect the Term Premises or any portion of this Leasethe Project, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written such notice from Landlord (is given under other circumstances, and diligently prosecute it to completion, then Lessor or sooner Lessor's agents, in an emergency situation addition to all of the rights and remedies available hereunder or other situation giving or threatening by law and without waiving any alternative remedies, shall have the right to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises and to do such acts and expend such funds at all reasonable times the expense of Lessee as are reasonably required to make perform such repairs work. Any amount so expended by Lessor shall be paid by Lessee to Lessor as additional rent, upon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the Premises to the extent such damage is caused by Lessor's active negligence or alterationswillful misconduct. In no event shall Lessor have any liability to Lessee for any other damages, improvements and additionsor for any inconvenience or interference with the use of the Premises by Lessee, or for any consequential damages, including but not limited to ducts and all other facilities for air conditioning servicelost profits, as Landlord a result of performing any such work. Except as specifically provided in an addendum, if any, to this Lease, Lessor shall deem necessary have no obligation whatsoever to alter, remodel, improve, repair, decorate or appropriate for paint the safety, preservation Premises or improvement any part thereof and the parties hereto affirm that Lessor has made no representations or warranty to Lessee respecting the condition of the Premises or any part of the Building or any equipment located Project except as specifically set forth in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromthis Lease.

Appears in 1 contract

Samples: Office Lease (Inktomi Corp)

Repairs. Subject Tenant shall be responsible for and keep all parts of the demised premises and the appurtenances thereto in good, safe, tenantable condition, slightly in appearance, and in good order and repair. This article shall not abrogate Landlord's responsibilities for repairs to Force Majeure events (as defined in Article 35(A))all portions of the demised premises where the need for such repairs is attributable to Landlord's act, Tenant will, at its own expense and subject to acts and/or negligence or when such repairs are expressly made the provisions responsibility of Article 8 Landlord under another article of this Leaselease, keep including, without limiting the generality of the foregoing, the articles hereof, captioned "Tenant Responsible PremisesDAMAGE CLAUSE" and "CONDEMNATION". Landlord shall in no event be required to make any repairs, replacements or corrections which are necessitated by (as defined below in this Article 7i) in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable ordinary wear and tear and as otherwise provided in Article 25 to the applicable improvements, (ii) abuse or faulty maintenance by Tenant, its agents or employees or (iii) acts of this Lease) and replace the Tenant, its agents or repair all damages employees. Landlord shall not be liable for any damage to the building or broken interior glass (including any glass demishing walls and signs thereonTenant's fixtures, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, installations or improvements which occur ten (10) days after the date Tenant has actual knowledge of a breach by Landlord of an obligation to repair hereunder but before the date Tenant gives written notice from to Landlord (setting forth such breach, provided such damage could have been avoided if such notice were given. DAMAGE CLAUSE If the whole or sooner in an emergency situation any part of any building or other situation giving improvement located upon the demised land shall during the term hereof, be damaged or threatening to give rise to damage to person destroyed by fire or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be casualty required to do be insured against by Tenant hereunder, Tenant shall, subject to Unavoidable Delays,, promptly remove any resulting debris and repair, restore or rebuild the City of Chicago damaged or by destroyed improvements substantially in accordance with the order plan or decree of any court or by any other governmental authority, provided that Landlord gives Tenant plans pursuant to which such property was constructed and to a condition whereby they will have a value not less than their value just prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premisessaid loss. In the event Landlord or its agents or contractors shall elect or be requiredTenant, in accordance good faith, is disputing with its insurer the preceding grammatical paragraph, amount of loss payable to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any Tenant by said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or personinsurer, and for that reason the rent reserved herein repair and restoration work required hereunder is delayed, Tenant hereby agrees that Tenant shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and indemnify Landlord for Landlord's damages occasioned by such delay. Tenant shall not be entitled obligated to maintain any offperform the undertakings set forth in this paragraph unless and until Landlord has delivered to Tenant or caused to be delivered to Tenant, without cost to Tenant, a complete set of the as-set built plans and specifications for the damaged or counterclaim for damages of any kind against Landlord by reason thereofdestroyed improvements. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access Anything herein to the Premises contrary notwithstanding, it is understood and agreed that, if such damage or Tenant's ability to conduct its business destruction of the type provided for in the Premisespreceding paragraph of this article shall have taken place at a time when the term (or the extended term) of this lease is scheduled to expire within a period of three (3) years thereafter, then, and in such event, Tenant shall have the right and option to terminate the term of this lease, by giving Landlord notice of its election so to do within 90 days after such damage or destruction shall have taken place, and if such work notice is given the term of this lease shall terminate as of the last day of the month immediately following the month during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to which such notice shall have the same done during any other hours been given. Tenant shall pay be under no duty to restore or rebuild any building or other improvement located upon the demised land if the term of this lease shall be terminated under the provisions of this article, except that Tenant agrees to restore the building or other improvement to an architectural whole, or in lieu thereof, Tenant may deliver the insurance proceeds to Landlord (or, if Tenant is self-insured, an amount equal to what such proceeds would presumably have been had insurance been maintained as provided for all overtime and additional expenses resulting therefromin this lease).

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Repairs. Subject to Force Majeure events Landlord shall maintain and repair the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (as defined in Article 35(A)including elevator shafts), stairs, parking garage, stairwells, elevator cabs, plazas, art work, sculptures, washrooms, and all common and public areas (the "BUILDING STRUCTURES"), and the mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which are not part of Tenant's improvements or were not originally constructed by or for the benefit of Tenant willor another tenant (the "BUILDING SYSTEMS"). Tenant shall, at its Tenant's own expense and subject to the provisions of Article 8 of this Leaseexpense, keep the "Tenant Responsible Premises" (as defined below in this Article 7) , including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and tenantable condition at all times during the Term of this LeaseLease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and Tenant shall promptly and adequately repair all damages subject to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the prior approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to promptly and adequately repair all damage to person the Premises and replace or property exists)repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs or replacements and replacements, and Tenant shall pay Landlord the amount paid by reasonable cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlordforthwith upon being billed for same. Landlord may, but shall not be required so to doto, enter the Premises at all reasonable times and following reasonable notice to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or to the Building Project or to any equipment located in the Building, Project as Landlord shall be allowed to take into and upon the Premises all material that desire or deem necessary or as Landlord may be required to make such repairsdo by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, alterationsstatute, improvements or additions and, during ordinance now or hereafter in effect. Any repair work by Landlord pursuant to the continuance terms of any said work, this Article 7 shall be conducted in a commercially reasonable manner so as to temporarily close doors, entryways, public space and corridors in minimize disruption to the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction business of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom.

Appears in 1 contract

Samples: Office Lease (Gadzoox Networks Inc)

Repairs. Subject to Force Majeure events (Landlord shall repair and maintain the structural portions of the Buildings, and the plumbing, heating, ventilating, airconditioning and electrical systems installed or fumished by Landlord and located within or outside the Premises, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant or the "Tenant Parties," as that term is defined in Article 35(A))Section 10.1, below, in which event ------------ Tenant willshall pay to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall, at its Tenant's own expense and subject expense, pursuant to the provisions of Article 8 terms of this Lease, including without limitation Article 8 hereof. keep the "Tenant Responsible -------- Premises" (as defined below in this Article 7) , including all improvements, fixtures and furnishings therein, in good order, repair and tenantable condition at all times during the Term Lease Term, reasonable wear and tear excepted. If either Landlord or Tenant fails in its obligations to make, or to commence making and diligently pursue, a repair under the terms of this Lease, and Tenant shall promptly and adequately repair all damages after reasonable notice, assumed to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery in nonemergency situations, the other party may accomplish the repair at the expense of the party failing to make the repair, provided such expense is reasonable, and provided the party charged has had a xxxx therefor by Landlordfair opportunity to accomplish the repair. Landlord may, but shall not be required so to doto, enter the Premises at all reasonable times to make such repairs or repairs, alterations, improvements and additions, including but not limited additions to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or to the Building Project or to any equipment located in the Building, Project as Landlord shall desire or deem necessary or as Landlord may be required to do by the City of Chicago governmental or by the quasi-governmental authority or court order or decree of any court or by any other governmental authoritydecree. Tenant hereby waives and CREEKSIDE PLAZA x TriNet Employer Group, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct Inc. releases its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, right to make repairsrepairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, alterationsstatute, improvements or additions to the Premises ordinance now or the Building or any equipment located hereafter in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromeffect.

Appears in 1 contract

Samples: Attornment and Nondisturbance Agreement (Trinet Group Inc)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant will, at its own expense and subject to The Lessee shall notify the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtencesSublessee that, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements lease agreement between him and the amount paid by Landlord for such repairs and replacements lessor, if (including Landlord's overhead and profit and i) the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of entirety or a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement significant part of the Premises Building have been damaged or destroyed, or (ii) any impediments have occurred due to which the Building Sublessee may not access, or any equipment located in it is difficult for him to access, the Building, or as Landlord may be required to do by the City car park and the Common Area and the access thereto is necessary for his uninterrupted occupying and using the object of Chicago or by lease (the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises“Access”), and (except in cases moreover if, acting bona fide, the lessor determines that the time limit required for the removal of an emergency) so long as the performance damage or destruction of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and restore them to interrupt the condition immediately preceding the damage or temporarily suspend Building services destruction, including the restoration of all improvements made at the lessor’s expense, will not exceed ninety (90) days, then the lessor shall generally (i) arrange the repair and facilities without being deemed removal of the damage and destruction and arrange the restoration of all improvements made at the lessor’s expense or held guilty (ii) restore the Access. The Lessee agrees with the Sublessee that he shall forward to the Sublessee a letter received from the lessor in this respect. At the same time the Lessee shall notify the Sublessee that if the lessor reasonably determines that the approximate time limit required for the repair exceeds ninety (90) days or if the repair is longer by more than 60 days, then the Lessee may terminate the lease agreement by notice. Should the Lessee exercise that right, this Sublease Agreement shall expire upon the expiry of eviction of Tenant or for damages for Tenant's property, business or person, the lease agreement and the rent reserved herein Lessee shall notify thereof the Sublessee in no way xxxxx while said repairsadvance. Similarly, alterationsthis Sublease Agreement shall expire if the lessor has terminated the lease agreement. If the damage, improvements destruction or additions are being madeloss of the Access have occurred in the last year of the lease period, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building Lessee and the Premises during ordinary business hours, so long as (except in case of an emergency) lessor may terminate the performance of such work during ordinary business hours does not materially interfere with Tenant's access lease agreement by notice delivered to the Premises or Tenant's ability to conduct its business other party and the termination of the lease agreement shall effect in the Premises, and if such work during ordinary business hours is not termination of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have Sublease Agreement as of the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromdate.

Appears in 1 contract

Samples: Sublease Agreement (Lionbridge Technologies Inc /De/)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant willa) Landlord shall make, at its own expense sole cost and subject expense, all repairs necessary to maintain the provisions of Article 8 of this Leaseplumbing, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair air conditioning and tenantable condition at all times during the Term of this Leaseelectrical systems, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises exterior windows, floors (except reasonable wear and tear and as otherwise provided in Article 25 of this Leasecarpeting) and replace all other items which constitute a part of the Premises and are installed or repair all damages or broken interior glass (including furnished by Landlord; provided, however, that Landlord shall not be obligated for any glass demishing walls and signs thereon, fixtures and appurtences, under of such repairs until the cited supervision and with the approval expiration of Landlord, and within any a reasonable period of time specified after written notice from Tenant that such repair is needed. In no event shall Landlord be obligated under this paragraph to repair any damage caused by Landlordany act, omission, accident or negligence of the Tenant or its employees, agents, invitees, licensees, subtenants, or contractors. (b) Except as the Landlord is obligated for repairs as provided herein above, Tenant shall make at its sole cost and expense all repairs necessary to maintain the Premises and shall keep the Premises and the fixtures therein in neat and orderly condition. If the Tenant does not do sorefuses or neglects to make such repairs, ten (10) days or fails to diligently prosecute the same to completion, after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists)of the need therefore, Landlord may, but need not, may make such repairs or replacements at the expense of Tenant and the amount paid by Landlord for such repairs and replacements expense, along with a fifteen (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates15%) percent service charge, shall be deemed collectible as additional rent reserved under this Lease due and payable within thirty rent. (30c) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do liable by the City of Chicago or by the order or decree reason of any court injury to or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) interference with Tenant's business arising from the making of any such repairs, alterations, additions or improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements this Article 17 in or additions to the Premises or the Building or to any appurtenances or equipment located in the Building, therein. Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business. There shall be allowed to take into and upon the Premises all material that may be required to make no abatement of rent because of such repairs, alterations, improvements additions or additions andimprovements, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors except as provided in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromparagraph 21 hereof.

Appears in 1 contract

Samples: World Health Alternatives Inc

Repairs. Subject 12.01 Tenant shall take good care of the Demised Premises and Tenant’s Roof Top Space (and RTS Property therein) and the fixtures and appurtenances therein or outside the Premises as permitted hereunder, including any Supplemental HVAC System and the Private Shuttle Elevator (subject to Force Majeure events (as defined in Article 35(A)Section 2.03E and Section 5.10 hereof), Tenant willin each case, at its own Tenant’s sole cost and expense and (unless required as a result of the negligence or willful misconduct of Landlord or any Landlord Party, in which case the same shall, subject to the provisions of Article 8 Section 14.01B hereof, be performed by Tenant at Landlord’s sole cost and expense), make all repairs thereto as and when needed in Tenant’s reasonable discretion to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible for pursuant to the provisions of Articles 17 and 18 hereof; it being agreed, however, that Tenant shall have no obligation to make structural repairs unless the need for such repair was necessitated by reason of (a) any cause or condition arising out of any Tenant Changes, any Supplemental RTS Work or other alterations or installations in the Demised Premises, the Private Shuttle Elevator or, after Substantial Completion of the RTS -Build-out Work therein, Tenant’s Roof Top Space (whether made by Tenant or by Landlord on behalf of Tenant) or as hereinafter provided in this Section 12.01, or (b) Tenant’s particular manner of use or occupancy (as opposed to mere office use), or (c) any breach of any of Tenant’s covenants or agreements under this Lease, keep or (d) any negligence or willful misconduct by Tenant, any Tenant Party, any Related Entity or any contractor, subcontractor, licensee or invitee thereof, or (e) Tenant’s use or manner of use or occupancy of the "Premises or Tenant’s Roof Top Space as a “place of public accommodation” within the meaning of the ADA. Tenant Responsible acknowledges that such obligation applies to, without limitation: (i) all distributions within the Demised Premises of the Base Systems serving the Demised Premises (from the point of connection within the Demised Premises" ) and (as defined below ii) any such Base System located outside of the Demised Premises to the extent it exclusively serves the Demised Premises or Tenant’s Roof Top Space but in this Article 7) such event Landlord shall perform such repairs at Tenant’s sole but reasonable cost and expense. All damage or injury to the Demised Premises or Tenant’s Roof Top Space, in each case, whether structural or non-structural, and to its fixtures, glass, appurtenances and equipment or to the Building, or to its fixtures, glass, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, or from any other cause of any other kind or nature whatsoever due to the negligence or willful misconduct of Tenant, its employees, agents, visitors or licensees or any other Tenant Party or Related Entity, shall be repaired, restored or replaced promptly by Tenant at its sole but reasonable cost and expense to the reasonable satisfaction of Landlord. All aforesaid repairs, maintenance, restorations and replacements shall be in quality and class equal to the original work or installations and shall be done in a good repair and tenantable condition at workerlike manner. At all times during the Term of this Lease, as required under the Unit Ground Lease, Tenant shall (A) not cause any waste to or upon the Building, the Unit, the Demised Premises, the Roof Top Garden Space or the Common Elements or any part thereof, nor permit or suffer any waste to or upon the Building, the Unit, the Demised Premises, the Roof Top Garden Space or the Common Elements; (B) not cause physical damage (other than as part of any Tenant Change permitted hereunder or as caused by a casualty or taking) to the Building, the Unit, the Demised Premises, the Roof Top Garden Space or the Common Elements or any part thereof; (C) maintain, repair, keep, use and occupy the Demised Premises and Tenant’s Roof Top Space in compliance with the DUO; and (D) keep the Demised Premises and Tenant’s Roof Top Space free of graffiti. Tenant shall promptly make, at Tenant’s sole cost and adequately repair expense, all damages repairs in and to the Demised Premises and Tenant’s Roof Top Space for which Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided is responsible, using only the contractor for the trade or trades in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of question approved by Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) which approval shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs granted or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, withheld in accordance with the preceding grammatical paragraph, provisions of Article 13 hereof. Any other repairs in or to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord the Unit and/or the Common Elements, or any portion thereof, or the facilities and systems thereof for which Tenant 105 is responsible shall be allowed to take into performed by Landlord at Tenant’s sole cost and upon expense. Landlord and Tenant agree that for the purposes of this Section 12.01, (a) core lavatories on any full floor of the Premises all material that may be required to make such repairsand any bathroom(s) located within the 51st Floor Space and (b) Tenant’s Roof Top Space, alterationsin each case, improvements or additions andare not Building common areas, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, FC Limited Common Elements nor Common Elements and Tenant shall maintain, repair and/or make replacements thereto, as appropriate, at Tenant’s sole cost and expense, subject to the terms of this Lease. Landlord shall have no obligation to clean, repair, replace or maintain any “private” plumbing fixtures or facilities (i.e., plumbing fixtures and facilities other than those that would be the common toilets in a multi-tenant floor) or the rooms in which they are located but the foregoing shall not be entitled vitiate Landlord’s obligation to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and plumbing therefor that is part the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access Base Systems to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not point of an emergency nature and does not materially interfere with Tenant's access connection to the Premises or Tenant's ability to conduct its business applicable Office Space Portion in accordance with the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromterms hereof.

Appears in 1 contract

Samples: Datadog, Inc.

Repairs. Subject A. By taking possession of the Premises, Lessee shall be deemed to Force Majeure events (have accepted the Premises as defined being in Article 35(A))good, Tenant willsanitary order, condition, and repair. Lessee shall, at its own expense Lessee's sole cost and subject to the provisions of Article 8 of this Leaseexpense, keep the "Tenant Responsible Premises" (as defined below in this Article 7) Premises and every part thereof, interior and exterior and roof, in good and safe condition and repair including plate glass, electrical wiring, plumbing, heating and tenantable or air conditioning installations, and any other system or equipment upon the Premises. Lessee shall also maintain in good condition at all times during such portion adjacent to the Term Premises, including front and side yards, sidewalks, driveways and shrubbery which would otherwise be required to be maintained by Lessor, damage thereto from causes beyond the reasonable control of Lessee and ordinary wear and tear excepted. Lessee shall, upon the expiration or sooner termination of this LeaseLease hereof, and Tenant shall promptly and adequately repair all damages surrender the Premises to the Tenant Responsible Premises (except reasonable Lessor in good condition, ordinary wear and tear and damage caused beyond the reasonable control of Lessee excepted. Except as otherwise specifically provided in Article 25 of an addendum, if any, to this Lease) and replace , Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or repair all damages paint the Premises or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements part thereof and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and parties hereto affirm that Lessor has made no representations to Lessee respecting the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement condition of the Premises or of the Building or any equipment located in the Building, or except as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premisesspecifically herein set forth. In the event Landlord the Lessor or its agents or contractors shall elect or be required, in accordance with call upon the preceding grammatical paragraph, Lessee to make repairs, alterations, improvements or additions repairs to the Premises as required by its agents, architect, or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or personengineer, and the rent reserved herein Lessee fails to have such repairs carried out within 14 days by a competent contractor to the Lessor's satisfaction, the Lessor shall in no way xxxxx while said repairshave the right, alterationsafter the expiry of the beforementioned 14 days notice, improvements to order a contractor to carry out or additions are being made, and Tenant complete such repairs to Lessor's satisfaction. The Lessee shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about pay the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance cost of such work during ordinary business hours does repairs within seven (7) days of the receipt of the amount of the cost. In the event that payments is not materially interfere with Tenant's access made by Lessee within said seven (7) day period, then interest at the Bank of America prime rate plus 2% shall be added to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromamount due. SEE ADDENDUM.

Appears in 1 contract

Samples: Lease Agreement (Dickie Walker Marine Inc)

Repairs. Subject to Force Majeure events (7.01. Except as defined set forth in Article 35(A))Section 7.05, Tenant willshall, at its own expense sole cost and subject expense, make all repairs to the provisions demised premises and the fixtures and appurtenances therein, including but not limited to the HVAC system serving the demised premises, including those necessitated by the use, act, omission, occupancy or negligence of Article 8 Tenant or by the use of this Leasethe demised premises in a manner contrary to the purposes for which same are leased to Tenant, keep the "Tenant Responsible Premises" (as defined below in this Article 7) and when needed to preserve them in good repair working order and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and condition. Except as otherwise provided in Article 25 Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of this Lease) and replace the Building or repair all damages by installation or broken interior glass (including any glass demishing walls and signs thereonremoval of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and appurtencesexpense, under which repairs, restorations and replacements shall be in quality and class substantially equal to the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlordoriginal work or installations prior to such damage or injury. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening fails to give rise to damage to person or property exists), Landlord may, but need not, make such repairs repairs, restoration or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery written notice thereof from Landlord, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty days after rendition of a xxxx therefor by Landlordtherefor. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement The exterior walls of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree portions of any court or window xxxxx outside the windows and the windows are not part of the premises demised by any other governmental authoritythis Lease and Landlord reserves all rights to such parts of the Building, provided that Landlord gives but the foregoing shall not relieve Tenant prior notice (except in cases of an emergency) of any such repairsobligation to restore, alterationsrepair, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, replace same in accordance with the immediately preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom.

Appears in 1 contract

Samples: Lease Agreement (Viant Corp)

Repairs. Subject Tenant agrees to Force Majeure events keep the Premises, each and every part thereof, and any and all appurtenances thereto save the roof and exterior walls (excepting therefrom the interior faces thereof, any glazing, show windows, doors and other entrances, frames for any of the foregoing and storefronts) and likewise including said excepted items, in good condition and repair during the term of the Lease, ordinary wear and tear alone excepted, hereby expressly waiving all rights to make repairs at the expense of Landlord as defined provided for in Article 35(A)), Tenant will, any statute or law in effect at its own expense and subject to the provisions time of Article 8 execution of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at all times Lease or any amendment thereof or any other statute or law which may be hereafter passed during the Term term of this Lease, and Tenant shall promptly agrees upon the expiration of the term of this Lease or sooner termination hereof to surrender unto Landlord the Premises in the same condition as received and adequately repair all damages to the Tenant Responsible Premises (except reasonable improved by Tenant, ordinary wear and tear and as otherwise provided in Article 25 damage thereto by fire, earthquake, act of this Lease) and replace God or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlordelements alone excepted. If Tenant does not do sofails to make said repairs in a <Initials> 7 <Initials> reasonable time period and manner, Landlord may make said repairs at Tenant’s expense, provided that Landlord gives Tenant ten (10) days notice before the start of making repairs and Tenant shall reimburse Landlord within ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid receipt by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery Tenant of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additionstherefore, including but not limited a charge equal to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice five percent (except in cases of an emergency5%) of any such repairs, alterations, improvements and additions in cost for overhead. Notwithstanding the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Buildingforegoing, Landlord shall be allowed to take into and upon deliver the Premises in clean broom swept condition, free of all material that may hazardous materials and in safe and tenantable condition. Landlord shall be required to make such repairsresponsible for the repair of latent defects, alterationsif any, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty structure of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromBuilding.

Appears in 1 contract

Samples: Commercial Lease (Nara Bancorp Inc)

Repairs. Subject (A) Landlord shall during the term of this Lease make all necessary repairs or alterations to Force Majeure events (the property, which Landlord is required to maintain, as defined hereinafter set forth. The property, which Landlord is required to maintain, is the foundation, roof, exterior walls, structural columns and structural beams of the Demised Premises and the landscaped and parking areas upon the Entire Parcel. Notwithstanding the foregoing, if any of said repairs or alterations shall be made necessary by reason of repairs, installations, alterations, additions or improvements made by Tenant or anyone claiming under, Tenant, by reason of the fault or negligence of Tenant or anyone claiming under Tenant, by reason of a default in Article 35(A))the performance or observance of any agreements, conditions or other provisions on the part of Tenant to be performed or observed hereunder, by reason of any vehicles damaging the demised premises or by reason of any special use to which the Demised Premises may be put, Tenant will, at its own expense and subject to the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at shall make all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements alterations as may be necessary, except as otherwise required under Article 13 (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by LandlordA). Landlord may, but shall not be required so deemed to dohave committed a breach of any obligation to make repairs or alterations or perform any other act unless (1) Landlord shall have made such repairs or alterations or performed such other act negligently, enter or (2) Landlord shall have received notice from Tenant designating the Premises at all reasonable times particular repairs or alterations needed or the other act of which there has been failure of performance and shall have failed to make such repairs or alterationsalterations or performed such other act within a reasonable time after the receipt of such notice and in the event of a breach referred to in Clause (2) of this sentence, improvements and additions, including but not Landlord's liability shall be limited to ducts the cost of making such repairs or alterations or performing such other act. As used in this Lease, the expressions "exterior walls" and all other facilities for "roof" do not include rooftop heating and/or air conditioning serviceunits serving the Demised Premises exclusively or glass, as Landlord shall deem necessary or appropriate for the safetywindows, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entrywayswindow sashes or frames, public space and corridors in the Building and to interrupt door frames or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromsign belt.

Appears in 1 contract

Samples: Lease Agreement (A123 Systems Inc)

Repairs. Subject to Force Majeure events (Section 12.01. Except as defined in Article 35(A))otherwise provided herein, Tenant willshall, at its own expense and subject to the provisions of Article 8 of this Leasesole expense, keep the Premises and every part thereof, including without limitation, the structure (including the roof) and the mechanical, electrical and plumbing systems of the Building (including generators), the heating, ventilating and air-conditioning systems (the "Tenant Responsible Premises" (as defined below in this Article 7HVAC") serving the Building, and the parking area of the Building, in good condition and repair and tenantable condition at all times during the Term Term. Landlord shall be responsible for repairing at its own cost latent defects in (i) Landlord's Work and (ii) other repairs made by Landlord pursuant to the terms of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible extent same adversely affect (beyond a de minimis extent) Tenant's use of the Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under for the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by LandlordPermitted Use. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening fails to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements perform other obligations under this Lease after notice and the amount paid by Landlord for expiration of applicable cure periods (except no notice is required in cases of emergency), Landlord, at its option, may make such repairs or perform such other obligations, and replacements (including Tenant shall pay Landlord on demand Landlord's overhead actual costs in making such repairs or perform such other obligations plus ten percent (10%) of such costs for Landlord's overhead. Except as otherwise expressly provided in this Lease, Landlord shall not be required to maintain, repair or rebuild, or to make any alteration to the Premises or any part thereof, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to maintain the Premises or any part thereof in any way. Except as otherwise expressly provided in this Lease to the contrary, Landlord has no obligation and profit and has made no promise to alter, remodel, improve, repair, redecorate, or paint the Premises or any part thereof. Notwithstanding the foregoing, except with respect to latent defects, Landlord shall repair Landlord's Work, the cost of general conditions at Landlord's then published rates) which shall be deemed additional rent reserved under this (i) entirely paid by Tenant to the extent the repair arises out of the acts or omissions of Tenant, its agents, employees or contractors, or alterations, improvements, additions or equipment installed by Tenant in or about the Premises, or Land, otherwise (ii) the amount payable by Tenant shall equal the cost of such repair multiplied by the fraction the numerator of which is the number of months then remaining in the Lease due Term (as same may have been renewed at the time the repair is completed) and payable the denominator of which is the total number of months in the Lease Term (unless such repair occurs during a Renewal Term then the denominator shall be 180), and Tenant shall pay Landlord for the cost of such repair within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromsubstantiated demand.

Appears in 1 contract

Samples: Deed of Lease (Infocrossing Inc)

Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant will, at its own expense and subject to the provisions of Article 8 of this LeaseSection 11, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair shall, at its sole cost and tenantable condition at expense, make all times during the Term of this Leaseneeded maintenance, and Tenant shall promptly and adequately repair all damages repairs to the Tenant Responsible Premises (except reasonable wear in a prompt, good and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additionsworkmanlike manner, including but not limited to ducts (i) the heating, ventilating, and air conditioning systems serving the Premises (unless Landlord, in its reasonable discretion, has notified Tenant of Landlord's desire to maintain, repair and replace such systems, in which case the cost and expense of such services shall be payable by Tenant to Landlord upon demand); (ii) the exterior and interior portion of all doors, windows, window frames, plate glass, door closures and other hardware, door frames and store fronts; (iii) all plumbing and sewage facilities within or serving the Premises, up to the connection to the main water or sewer line; (iv) all fixtures and equipment within or serving the Premises; (v) all electrical and gas systems within the Premises up to the connection with the main service; (vi) all sprinkler and central station reporting systems within the Premises; (vii) all interior walls, floors, ceilings and coverings thereof; (viii) any of Tenant's improvements; (ix) all repairs, replacements or alterations required by any governmental authority; (x) interior plastering, painting and water-proofing; (xi) wall and ceiling treatment; (xii) replacement of broken glass and plate glass; and (xiii) all necessary repairs and replacements of Tenant's trade fixtures required for the proper conduct and operation of Tenant's business. If Tenant shall fail to make any maintenance, repairs or replacements in and to the Premises as required in this Lease, Landlord shall have the right, but not the obligation, to enter the Premises and to make the same for and on behalf of Tenant, and all other facilities for air conditioning service, as sums so expended by Landlord shall deem necessary be deemed to be additional rent hereunder and payable to Landlord upon demand. This Lease does not grant any rights to light or appropriate for air over property, except over public streets kept open by public authority and signage maintained by Tenant on the safetyexterior of the Building, preservation which signage shall be subject to and maintained by Tenant in accordance with all governmental codes and regulations. At the termination of this Lease by lapse of time or improvement otherwise, Tenant shall return the Premises and all fixtures and equipment therein in as good condition as when Tenant took possession, ordinary wear excepted, failing which Landlord may restore the Premises to such condition and Tenant shall pay the cost thereof. Any and all fixtures and leasehold improvements installed in the Premises by or on behalf of Tenant and all personal property, fixtures and leasehold improvements owned by Tenant shall be removed from the Premises upon the termination of the Term or Tenant's right to possession. Landlord shall keep the foundation and the structural soundness of the exterior walls and roof of the Premises or the Building or any equipment located in the Building, or as good repair except that Landlord may shall not be required to do make any repairs occasioned by the City act or neglect of Chicago Tenant, its assignees, sublessees, servants, agents, employees, invitees, licensees, customers or concessionaires, or any damage caused by the order or decree as a result of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases Tenant's occupancy of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except or any damage caused by break-in, burglary, or other similar acts in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability or to conduct its business in the Premises. In the event Landlord that maintenance, repairs or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, replacements to make repairs, alterations, improvements or additions to the Premises or any part of the Building (including exterior walls and roof of Building) are necessitated in whole or any equipment located in part by the Buildingact, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairsneglect, alterations, improvements fault or additions and, during the continuance omission of any said workduty by Tenant, to temporarily close doorsits agents, entrywaysservants, public space and corridors in the Building and to interrupt employees, invitees, concessionaires or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or personcustomers, and the rent reserved herein shall in no way xxxxx while said repairssuch maintenance, alterationsrepair or replacements are not reimbursed by insurance, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime to Landlord the cost of such maintenance, repairs and additional expenses resulting therefromreplacements. If the Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord.

Appears in 1 contract

Samples: Agreement to Lease (Success Bancshares Inc)

Repairs. Subject to Force Majeure events (as defined in Article 35(A))A) Landlord shall, Tenant will, at its own expense and subject to during the provisions of Article 8 term of this Lease, keep make all necessary repairs or alterations to the "property, which Landlord is required to maintain, as hereinafter set forth. The property, which Landlord is required to maintain, is the foundation, roof, exterior walls, structural columns and structural beams of the Demised Premises and the landscaped and parking areas upon the Entire Parcel. Notwithstanding the foregoing, if any of said repairs or alterations shall be made necessary by reason of repairs, installations, alterations, additions or improvements made by Tenant Responsible Premises" (as defined below or anyone claiming under, Tenant, by reason of the fault or negligence of Tenant or anyone claiming under Tenant, by reason of a default in this Article 7) in good repair and tenantable condition at all times during the Term performance or observance of this Leaseany agreements, and conditions or other provisions on the part of Tenant to be performed or observed hereunder, by reason of any vehicles damaging the demised premises or by reason of any special use to which the Demised Premises may be put, Tenant shall promptly and adequately repair make all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall alterations as may be deemed additional rent reserved necessary, except as otherwise required under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by LandlordArticle 13(A). Landlord may, but shall not be required so deemed to dohave committed a breach of any obligation to make repairs or alterations or perform any other act unless (1) Landlord shall have made such repairs or alterations or performed such other act negligently, enter or (2) Landlord shall have received notice from Tenant designating the Premises at all reasonable times particular repairs or alterations needed or the other act of which there has been failure of performance and shall have failed to make such repairs or alterationsalterations or performed such other act after the receipt of such notice and in the event Initials: JPF. SPM. 5 of a breach referred to in Clause (2) of this sentence, improvements and additions, including but not Landlord’s liability shall be limited to ducts the cost of making such repairs or alterations or performing such other act. As used in this Lease, the expressions “exterior walls” and all other facilities for “roof” do not include rooftop heating and/or air conditioning serviceunits serving the Demised Premises exclusively or glass, as Landlord shall deem necessary or appropriate for the safetywindows, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entrywayswindow sashes or frames, public space and corridors in the Building and to interrupt door frames or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromsign belt.

Appears in 1 contract

Samples: Lease Agreement (Spring Bank Pharmaceuticals, Inc.)

Repairs. Subject to Force Majeure events Landlord shall maintain the Buildings in a good state of repair, including, but not limited to: (as defined in Article 35(A)), Tenant will, at its own expense a) repairs and subject replacements to the provisions structural portions of Article 8 the Buildings, including the roof foundation and exterior walls of this Leasethe Buildings, keep (b) repairs and replacements necessitated by Landlord's acts or negligence, (c) damage or destruction caused by fire or any other perils that normally are insured under extended coverage endorsements issued in the "Tenant Responsible Premises" area where the Premises are located, whether or not due to Tenant's negligence, (as defined below in this Article 7d) in good repair repairs and tenantable condition at all times during replacements to the Term of this Leaseparking lot areas and landscaped areas, and Tenant shall promptly (e) repairs and adequately replacements, though non-structural, necessitated by Landlord's acts or negligence, (f) repairs and replacements directly resulting from Landlord's failure to repair all damages to the Tenant Responsible Premises as required hereunder and (except reasonable g) repairs and replacements caused by ordinary wear and tear and to the Common Areas. Except as otherwise provided in Article 25 of this Lease) and replace Section 23 hereof, in the event a repair or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and replacement cannot be accomplished by Landlord within any reasonable a period of time specified by Landlord. If Tenant does not do so, ten ninety (1090) days after written from the date of notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the BuildingTenant, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord fails to complete the repair or its agents or contractors shall elect or be requiredreplacement within a period of ninety (90) days from the date of notice from Tenant, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairseither (i) prior to completion of any such repair or replacement, alterationscancel this Lease by giving Landlord written notice, improvements and additions thereafter neither party shall have any rights, duties or obligations hereunder, or (ii) Tenant may take such steps as may be necessary to cure Landlord's default, in which event Tenant shall be entitled to recover from Landlord the monies so reasonably expended by Tenant together with reasonable interest thereon from the date such monies were expended by Tenant until the date paid. Notwithstanding the foregoing, if the nature of Landlord's obligation is such that more than ninety (90) days are required for performance, Landlord shall not be in default if Landlord commences performance within such ninety (90) day period and about thereafter diligently proceeds to completion. Notwithstanding the Building and above, if Tenant cannot reasonably, substantially operate Tenant's business from the Premises during ordinary business hoursbecause of a failure of repair or replacement by Landlord for a period of 150 days or more from the date Landlord commences performance, so long as then Tenant can terminate this Lease on ten (except in case of an emergency10) the performance of days' written notice to Landlord, after such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom150 days.

Appears in 1 contract

Samples: Lease Modification Agreement (Acc Corp)

Repairs. Subject Tenant agrees to Force Majeure events keep the Premises, each and every part thereof, and any and all appurtenances thereto save the roof and exterior walls (excepting therefrom the interior faces thereof, any glazing, show windows, doors and other entrances, frames for any of the foregoing and storefronts) and likewise including said excepted items, in good condition and repair during the term of the Lease, ordinary wear and tear alone excepted, hereby expressly waiving all rights to make repairs as defined the expense of Landlord as provided for in Article 35(A)), Tenant will, any statute or law in effect at its own expense and subject to the provisions time of Article 8 execution of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at all times Lease or any amendment thereof or any other statute or law which may be hereafter passed during the Term term of this Lease, and Tenant shall promptly agrees upon the expiration of the term of this Lease or sooner termination hereof to surrender unto Landlord the premises in the same condition as received and adequately repair all damages to the Tenant Responsible Premises (except reasonable improved by Tenant, ordinary wear and tear and as otherwise provided in Article 25 damage thereto by fire, earthquake, act of this Lease) and replace God or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlordelements alone excepted. If Tenant does not do sofails to make said repairs in a reasonable time period and manner, Landlord may make said repairs at Tenant’s expense, provided that Landlord gives Tenant ten (10) days notice before the start of making repairs and Tenant shall reimburse Landlord within ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid receipt by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery Tenant of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additionstherefore, including but not limited a charge equal to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice five percent (except in cases of an emergency5%) of any such repairs, alterations, improvements and additions in cost for overhead. Notwithstanding the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Buildingforegoing, Landlord shall be allowed to take into and upon deliver the Premises in a clean broom swept condition, free of all material that may hazardous materials and in safe and tenantable condition. Landlord shall be required to make such repairsresponsible for the repair of latent defects, alterationsif any, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty structure of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromBuilding.

Appears in 1 contract

Samples: Commercial Lease (Nara Bancorp Inc)

Repairs. Subject 4. Owner shall maintain and repair the public portions of the building, both exterior and interior, except that if Owner allows Tenant to Force Majeure events (as defined erect on the outside of the building a sign or signs, or a hoist, lift or sidewalk elevator for the exclusive use of Tenant, Tenant shall maintain such exterior installations in good appearance and shall cause the same to be operated in a good and workmanlike manner and shall make all repairs thereto necessary to keep same in good order and condition, at Tenant's own cost and expense, and shall cause the same to be covered by the insurance provided for hereafter in Article 35(A))8. Tenant shall, throughout the term of this lease, take good care of the demised premises and the fixtures and appurtenances therein, and the sidewalks adjacent thereto, and at its sole cost and expense, make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. If the demised premises be or become infested with vermin, Tenant willshall at Tenant's expense, at its own expense and subject cause the same to be exterminated from time to time to the provisions satisfaction of Owner. Except as specifically provided in Article 8 of this Lease, keep the "Tenant Responsible Premises" (as defined below 9 or elsewhere in this Article 7) in good repair and tenantable condition at all times during the Term of this Leaselease, and Tenant there shall promptly and adequately repair all damages be no allowance to the Tenant Responsible Premises (except reasonable wear for the diminution of rental value and tear and as otherwise provided in Article 25 no liability on the part of this Lease) and replace Owner by reason of inconvenience, annoyance or repair all damages or broken interior glass (including any glass demishing walls and signs thereoninjury to business arising from Owner, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving making or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times failing to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, additions or improvements and additions in or to any portion of the building including the erection or operation of any xxxxx, xxxxxxx or sidewalk shed, or in or to the demised premises or the fixtures, appurtenances or equipment thereof. The provisions of this article 4 with respect to the making of repairs shall not apply in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere fire or other casualty which are dealt with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefrom.article 9 hereof. Window Cleaning:

Appears in 1 contract

Samples: Western Beef Inc /De/

Repairs. Subject to Force Majeure events (as defined in Article 35(A))LESSEE shall, Tenant willat all times, and at its own expense cost and subject expense, ------- put, keep, replace and maintain in thorough repair and good, safe, and substantial order and condition all real estate, buildings, improvements and equipment listed in Exhibit A and any buildings, improvements and equipment erected on the area marked in green on Exhibit A, in a reasonably diligent manner to maintain a first-class, high quality facility or forming a part thereof (including any equipment which is an integral part of the provisions of Article 8 building structure), structural and non-structural, extraordinary and ordinary, and LESSEE shall likewise at all times and at its own costs and expense, put, keep, replace and maintain all personal property and equipment attached to or used in connection with Premises in operating condition. Lessee shall have no obligation for repairs caused by Lessor's own negligence or willful misconduct during the term of this Lease. In the event any improvement or equipment listed in Exhibit A becomes no longer serviceable or repairable as a result of normal wear and tear or obsolescence, keep in the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair commercially reasonable judgment of LESSEE and tenantable condition at all times during the Term LESSOR, said item shall be returned to LESSOR for disposition free of this Lease, and Tenant . No adjustment in rent shall promptly and adequately repair all damages be made for any such items returned to the Tenant Responsible Premises LESSOR. LESSOR shall have sixty (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (1060) days after written notice to remove such items returned to LESSOR from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by Landlord. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or such item is not removed within this time frame, LESSEE shall have the right, at its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraphsole option, to make repairs, alterations, dispose of this improvement or equipment and deduct and retain all costs associated with such disposition of improvements or additions equipment from any proceeds of the disposition with any excess to be paid over to LESSOR. LESSEE, at its sole discretion, may replace the Premises improvement or the Building machinery or any equipment located in the Buildingsubstitute other improvements or machinery at its cost; however, Landlord such replacement and substitute assets shall be allowed to take into and upon remain the Premises all material that may be required to make such repairssole property of LESSEE, alterations, improvements or additions and, during the continuance free and clear of any said workmortgages, to temporarily close doorsliens, entrywayssecurity interests, public space claims or other encumbrances of LESSOR and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access subject to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not terms of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Windy Hill Pet Food Co Inc)

Repairs. Subject (A) Landlord shall during the term of this Lease make all necessary repairs or alterations to Force Majeure events (the property, which Landlord is required to maintain, as defined hereinafter set forth. The property, which Landlord is required to maintain, is the foundation, roof, exterior walls, structural columns and structural beams of the Demised Premises and the landscaped and parking areas upon the Entire Parcel. Notwithstanding the foregoing, if any of said repairs or alterations shall be made necessary by reason of repairs, installations, alterations, additions or improvements made by Tenant or anyone claiming under, Tenant, by reason of the fault or negligence of Tenant or anyone claiming under Tenant, by reason of a default in Article 35(A))the performance or observance of any agreements, conditions or other provisions on the part of Tenant to be performed or observed hereunder, by reason of any vehicles damaging the demised premises or by reason of any special use to which the Demised Premises may be put, Tenant will, at its own expense and subject to the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises" (as defined below in this Article 7) in good repair and tenantable condition at shall make all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, fixtures and appurtences, under the cited supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to person or property exists), Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements alterations as may be necessary, except as otherwise required under Article 13 (including Landlord's overhead and profit and the cost of general conditions at Landlord's then published rates) shall be deemed additional rent reserved under this Lease due and payable within thirty (30) days after delivery of a xxxx therefor by LandlordA). Landlord may, but shall not be required so deemed to dohave committed a breach of any obligation to make repairs or alterations or perform any other act unless (i) Landlord shall have made such repairs or alterations or performed such other act negligently, enter or (2) Landlord shall have received notice from Tenant designating the Premises at all reasonable times particular repairs or alterations needed or the other act of which there has been failure of performance and shall have failed to make such repairs or alterationsalterations or performed such other act within a reasonable time after the receipt of such notice and in the event of a breach referred to in Clause (2) of this sentence, improvements and additions, including but not Landlord's liability shall be limited to ducts the cost of making such repairs or alterations or performing such other act. As used in this Lease, the expressions "exterior walls" and all other facilities for "roof" do not include rooftop heating and/or air conditioning serviceunits serving the Demised Premises exclusively or glass, as Landlord shall deem necessary or appropriate for the safetywindows, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entrywayswindow sashes or frames, public space and corridors in the Building and to interrupt door frames or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or Tenant's ability to conduct its business in the Premises and Tenant nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and additional expenses resulting therefromsign belt.

Appears in 1 contract

Samples: Lease Agreement (A123 Systems Inc)

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