Common use of Repairs Clause in Contracts

Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.

Appears in 4 contracts

Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Repairs. (a) Landlord shall maintain, at all times during the Lease Term maintain in good condition and operating order in a timely manner, manner consistent with Comparable Buildings the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including, without limitation, the fire foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and life safety systemsall Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, HVACelectrical, plumbing life safety, plumbing, sprinkler and electrical equipment servicing HVAC systems installed or furnished by Landlord (collectively, the Premises and “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building and Structure and/or the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, Building Systems except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbsat Tenant’s own expense, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject pursuant to the provisions of Section 7(a) hereof and the other provisions terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall keep shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and every part thereof in good condition replace or repair all damaged, broken, or worn fixtures and repairappurtenances, reasonable except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and damaged caused by cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or resulting expenses arising from Landlord’s default under this Lease exceptedinvolvement with such repairs and replacements forthwith upon being billed for same. Except as otherwise Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in this LeaseSection 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights to make repairs at under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the expense of Landlord California Civil Code or in lieu thereof to vacate the Premises except as provided by under any similar law, statute statute, or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.

Appears in 3 contracts

Sources: Office Lease (Square, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)

Repairs. (a) Landlord Tenant and its agents shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited have been given full opportunity to any lobbies, stairs, elevators, corridors inspect and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing examine the Premises and prior to occupancy and, by entry hereunder, Tenant accepts the Building and the common areas servicing the Development, Premises in good order and condition its present "as reasonably determined by Landlord and the cost shall be included in Expensesis" condition, except for the repairs due to fire latent defects, and other casualties (without any warranty as to the extent condition of the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts Premises or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant Landlord warrants that all tenant improvements constructed by Landlord in the Premises shall be responsible free from material defects for a period of one (1) year from the date the Premises are delivered to pay the cost of replacement of light bulbs and fluorescent tubes Tenant by Landlord. Except as required by Landlord in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Leasenext paragraph below, Tenant shall shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, reasonable ordinary wear and tear and damaged caused damage thereto by Landlord fire, earthquake, act of God or resulting from Landlord’s default under this Lease the elements excepted. Except as otherwise set forth in this LeaseIf Tenant does not make such repairs, Tenant hereby waives all rights Landlord may, after reasonable notice to Tenant, make such repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of and Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with pay (the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part costs thereof and no representations respecting any accrued interest thereon upon demand. In the condition of the Premises or the Building have been made by Landlord to event Tenant except as expressly set forth herein. Tenant will pay for 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 5, keep the structural portion including the HVAC, plumbing and electrical systems of the Building in good order, condi- Upon the expiration or sooner termination of the Term hereof, Tenant shall surrender the Premises to Landlord in the same condition as when received, ordinary wear and tear and damage thereto by fire, earthquake, act of God or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderelements excepted.

Appears in 2 contracts

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

Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building Except for repairs required to be made by Tenant in accordance with the standards of Class A office buildings terms hereof, Landlord shall make all repairs and replacements, structural and otherwise, necessary or desirable in order to keep in good order and repair (the central business district need for which Landlord shall have knowledge) all structural portions of the City of DetroitBuildings comprising the Premises (including, including but not limited to without limitation, any lobbiesroofs, stairsfoundation, elevatorsfootings, corridors and restrooms, together with the windows and exterior walls, roofsload bearing columns and floor slabs), foundations and structure itself the Building systems that service the Premises, the Common Areas, the Licensed Space, the exterior walls of the BuildingPremises, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing windows of the Premises and the Building air conditioning systems and the common areas servicing the Development, in good order and condition equipment as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes presently exist in the Premises. Tenant agrees to notify Landlord of the necessity of repairs of which Tenant may have knowledge, for which Landlord may be responsible under the provisions of the preceding sentence. In performing any such repairs Landlord agrees to use commercially reasonable efforts to (i) perform the same with due diligence and continuity and (ii) minimize interference with Tenant’s use and occupancy of the Premises; provided that in no event shall Landlord be required to utilize overtime or premium pay labor or incur any extraordinary costs in connection therewith. (b) Subject to Section 8.1 hereof, Tenant shall, throughout the provisions of Section 7(a) hereof and the other provisions term of this Lease, Tenant shall keep take good care of the Premises Premises, the fixtures and every part thereof equipment therein and any Alterations, and at Tenant’s sole cost and expense, make all repairs thereto as and when needed to preserve them in good condition working order and repaircondition, reasonable wear and tear tear, obsolescence and damaged damage from the elements, fire or other casualty, excepted. (c) Notwithstanding anything to the contrary contained herein, all damage or injury to the Property, the Common Areas, the Licensed Space or to the fixtures, equipment and appurtenances therein, whether requiring structural or non-structural repairs, caused by Landlord or resulting from Landlord(i) the omission, neglect or improper conduct of Tenant, Tenant’s default under this Lease excepted. Except as otherwise set forth in this Leaseservants, employees, invitees, guests or licensees, (ii) any Alterations, and/or (iii) the moving of Tenant’s fixtures, furniture or equipment, shall be repaired promptly by Tenant hereby waives all rights at its sole cost and expense, to make repairs at the expense satisfaction of Landlord or in lieu thereof reasonably exercised (except that Landlord may elect to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All perform such repairs made by or on behalf of Tenant upon prior written notice to Tenant, and the expenses thereof incurred by Landlord shall be made and performed in such manner collectible as Landlord may designate, by contractors additional rent within twenty (20) days after rendition of a ▇▇▇▇ or mechanics reasonably approved by Landlord and in accordance with statement therefor). All the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried made by Tenant hereunder shall be of quality or class equal to the original work or construction. Except as specifically provided in Article 12 of this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord hereunderby reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the Building, Premises, the Common Areas, the Licensed Space or in and to the fixtures, appurtenances or equipment thereof. The provisions of this Article 8 with respect to the making of repairs shall not apply in the case of fire or other casualty which are dealt with in Article 12 hereof.

Appears in 2 contracts

Sources: Lease Agreement (Armstrong World Industries Inc), Lease Agreement (Armstrong Flooring, Inc.)

Repairs. In the event of a property loss which may be repaired within one hundred twenty (a120) days from the date of the damage, or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited forthwith undertake to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing make such repairs to reconstitute the Premises and to as near the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (existed prior to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in fullproperty loss as practicable. Landlord shall not be responsible required to supply and pay for repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the replacement of lighting ballasts and light bulbsPremises by, and fluorescent tubes or belonging to, Tenant. Such partial destruction shall in the Building; provided, however, no way annul or void this Lease except that Tenant shall be responsible entitled to pay a proportionate reduction of Minimum Monthly Rent following the cost property loss and until the time the Premises are restored. Such reduction shall be based on the ratio that the square footage of replacement the damaged portion of light bulbs and fluorescent tubes the Premises bears to the total square footage of the Premises. So long as Tenant conducts its business in the Premises. , there shall be no abatement until the parties agree on the amount thereof. If the parties cannot agree within forty-five (b45) Subject days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs within fifteen (15) days after such requirement is made by or on behalf of Tenant shall be made and performed in any such manner as Landlord may designateholder, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to whereupon this Lease shall end on the date of such damage as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or if the date of such damage were the date originally fixed in this Lease for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition expiration of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderTerm.

Appears in 2 contracts

Sources: Office Lease (Sphere 3D Corp), Office Lease (Insweb Corp)

Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of DetroitDetroit which contain computer/data center facilities, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “ED” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.

Appears in 2 contracts

Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Repairs. (a) Landlord shall maintainshall, in at its own cost and expense, except as may be provided elsewhere herein, make all necessary repairs and replacements to the exterior, structural components, and common areas and common facilities of the building of which the Leased Premises form a timely mannerpart, including, without limitation, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroitroof, including but not limited to any lobbiesfoundation, stairs, elevators, corridors and restrooms, together with the windows and exterior or interior structural walls, roofsceilings, foundations floors and structure itself of glass, and to the Building, the fire and life safety systems, mechanical, HVAC, electric, water and plumbing systems and electrical other equipment servicing used to provide the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined services furnished by Landlord and the cost shall be included in Expenseshereunder, except for the repairs due to fire and other casualties (to the extent the cost of unless any such repairs are covered damage is caused by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, its employees, agents or visitors, in which event Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay bear the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation shall keep the parking areas, sidewalks and has made no promise other common areas in a clean and neat condition. All injury or damage to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises building or the Building Leased Premises caused by moving the property of Tenant in or out thereof, or by installation or removal of furniture, fixtures or other property, or by any other act or omission of Tenant, its employees, agents or visitors, shall be promptly repaired by Tenant at Tenant's cost and expense. In the event Tenant shall fail to do so repair the building or the Leased Premises, then Landlord shall have been made the right to make such repair and any charge or cost actually incurred and paid by Landlord therefor shall be paid by Tenant within thirty (30) days after written demand therefor and Landlord may elect, in its discretion, to Tenant except regard such charge or cost as expressly set forth herein. Tenant will pay for any repairs to additional rent which shall become payable with the Premises installment of rent next becoming due or thereafter falling due under the Building or the Development made necessary by any negligence or carelessness terms of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderthis Lease.

Appears in 2 contracts

Sources: Lease Agreement (American Homepatient Inc), Lease (American Homepatient Inc)

Repairs. (a) Landlord shall maintainmaintain in good order and repair, in a timely mannersubject to normal wear and tear and subject to casualty and condemnation, the public Building (excluding the Demised Premises, other than the structural portions thereof, and other portions of the Building in accordance with leased to other tenants, other than the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Buildingstructural portions thereof), the fire and life safety systemsBuilding parking facilities, mechanical, HVAC, plumbing and electrical equipment servicing the Premises public areas and the Building and landscaped areas. Notwithstanding the common areas servicing the Developmentforegoing obligation, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such any repairs are covered by insurance proceeds) and for or maintenance to the repair of damages occasioned foregoing necessitated by the intentional acts or omissions negligence of TenantTenant or its agents, which contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall pay be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord in fullupon demand. Landlord shall not be responsible required to supply make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premisestenantability. (b) Subject to Tenant covenants and agrees that it will take good care of the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Demised Premises and every part thereof all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, reasonable except for normal wear and tear (Covered Repairs" (as defined in Special Stipulation No. 36), condemnation and damaged caused casualty. To the fullest extent permitted by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Leaselaw, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises except as may be provided by any law, statute or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant thereof, except as specifically and expressly herein set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderforth.

Appears in 2 contracts

Sources: Lease Agreement (Healtheon Corp), Lease Agreement (Healtheon Corp)

Repairs. (a) Landlord shall maintain, maintain in a timely manner, good condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including the fire foundation, floor/ceiling slabs, roof structure, curtain wall, exterior glass and life safety systemsmullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, Building mechanical, HVACelectrical and telephone closets, plumbing and electrical equipment servicing the Premises all common and the Building and the common public areas servicing the DevelopmentBuilding, in good order including the parking areas, landscaping and condition as reasonably determined by Landlord exterior Project signage (collectively, “Building Structure”) and the cost shall be included Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Notwithstanding anything in Expenses, except for the repairs due to fire and other casualties (this Lease to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, howevercontrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in Building Structure and/or the Premises. (b) Subject Building Systems to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent caused by Landlord or resulting from Landlorddue to Tenant’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition use of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs other than normal and customary business office operations, unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception; provided that Landlord shall provide janitorial services to the Premises pursuant to Section 6.1.5 above. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by 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, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 2 contracts

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

Repairs. (a) Landlord shall maintainTenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, in a timely mannergood order, repair and condition at all times during the public portions Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of the Building in accordance with the standards Landlord, and within any reasonable period of Class A office buildings in the central business district of the City of Detroittime specified by Landlord, including but not limited promptly and adequately repair all damage to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building replace or repair all damaged, broken, or worn fixtures and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expensesappurtenances, except for damage caused by ordinary wear and tear or beyond the repairs due reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to fire make such repairs, Landlord may, after written notice to Tenant and other casualties Tenant’s failure to repair within five (to the extent the cost of 5) business days thereafter, but need not, make such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenantreplacements, which and Tenant shall pay Landlord the 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 forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in full. the Project as Landlord shall desire or deem necessary or as Landlord may be responsible required to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Buildingdo by governmental or quasi-governmental authority or court order or decree; provided, however, Tenant except for emergencies, any such entry into the Premises by Landlord shall be responsible performed in a manner so as not to pay the cost of replacement of light bulbs and fluorescent tubes in materially interfere with Tenant’s use of, or access to, the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives any and all rights to make repairs at under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the expense of Landlord California Civil Code or in lieu thereof to vacate the Premises except as provided by under any similar law, statute statute, or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.

Appears in 2 contracts

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

Repairs. (a) Landlord shall maintain, in a timely manner, maintain the public portions exterior of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited and ------- make all structural and major exterior repairs to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and Premises including the common areas servicing the Developmentbuilding systems, in good order roof, parapet walls, and condition as reasonably determined by Landlord foundation and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of load- bearing walls unless such repairs are covered required by insurance proceeds) and for the repair reasons of damages occasioned by the acts negligence or omissions misconduct of Tenant, its agents, employees, customers or invitees, or the particular nature of Tenant's use of the Premises, in which case such repairs shall be made by Tenant. Except as set forth above, if such repairs are of a capital nature, they shall be made at Landlord's expense, otherwise they shall be considered an Operating Expense under Paragraph 3 above. Tenant shall pay give Landlord written notice of the need for any such repairs to Landlord in full. be made by Landlord, and Landlord shall be responsible to supply and pay under no liability for the replacement of lighting ballasts and light bulbs, and fluorescent tubes damage or injury however caused in the Building; providedevent of its failure to make such repairs, howeverunless it shall have received such notice from Tenant and failed to make such repairs within a reasonable time after receipt of such notice. However, Tenant if such repairs cannot be completed within thirty (30) days, it shall be responsible considered sufficient performance if Landlord promptly commences such repairs and continues to pay the cost of replacement of light bulbs and fluorescent tubes use due diligence to complete such repairs as soon as reasonably possible. Except as above provided in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease▇▇▇▇▇▇▇▇▇ ▇, Tenant shall ▇▇▇▇▇▇ shall, at its expense, keep the Premises and every part thereof in good condition and repair, reasonable ordinary wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease casualty excepted. Except as otherwise set forth in this LeaseIf the Building, Tenant hereby waives all rights to make repairs at including the expense of Landlord elevator, boilers, engines, pipes, or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises other apparatus (or any part thereof and no representations respecting of them) used for the condition purpose of the Premises heating, ventilating or air-conditioning the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to or operating the Premises elevator, or if the water pipes, drainage pipes, electric lighting or other equipment of the Building or the Development made necessary by any roof or outside walls of the Building get out of repair or become damaged or destroyed through the negligence or carelessness misconduct of the Tenant or its employees agents, employees, customers, or persons permitted invitees, in any way stopping up or injuring the heating, ventilating, or air-conditioning apparatus, elevator, water pipes, drainage pipes or other equipment or part of the Building, the expense of the necessary repairs, replacements or alterations shall be borne by the Tenant, which shall pay the same to the Landlord within thirty (30) days of demand. Replacement of and addition to the plumbing or electrical equipment and facilities located in, or serving only the Premises, and unclogging of the plumbing systems of the Premises caused by the negligence or misconduct of Tenant, its agents, employees, customers, or invitees shall be at Tenant's expense. Tenant shall, at it expense, repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in the Building interior and on the exterior of the Premises (except the exterior curtain wall glass and lobby wall glass) unless the breakage shall be covered by any fire or other casualty insurance which Landlord may carry on the Development Building. Repairs and replacements of exterior curtain wall glass required by reason of negligence or misconduct of Tenant, unless the same are covered by the insurance carried its agents, employees, customers, or required to invitees shall be carried by Landlord hereunderdone at Tenant's expense.

Appears in 1 contract

Sources: Office Lease (SPR Inc)

Repairs. (a) Landlord shall maintain, maintain and keep in a timely manner, good repair the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of DetroitBuilding, including but not limited to any lobbiesthe roof, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of all mechanical systems in the Building, the fire and life safety systemsparking lots, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building floors, ceilings, and perimeter walls but excluding Tenant's HVAC equipment. In the common areas servicing event the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except necessity for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages shall have been occasioned by the acts Tenant or omissions any permitted subtenant or licensee of Tenant, which or their respective employees, agents, contractors or any person, firm or corporation acting on its behalf, Tenant agrees to make such repairs at Tenant's sole cost and expense. Except in cases of an emergency, Landlord shall not be required to commence any repair until after receipt of written notice from Tenant. Tenant shall pay allow Landlord reasonable time in which to Landlord in fullcommence and complete such repairs. Landlord shall be responsible use reasonable efforts to supply and pay for the replacement make such repairs with a minimum of lighting ballasts and light bulbsinconvenience, and fluorescent tubes in the Building; provideddisruption, however, Tenant shall be responsible or loss of business to pay the cost of replacement of light bulbs and fluorescent tubes in the PremisesTenant. (b) Subject Except as provided in subparagraph (a) of this paragraph, Tenant agrees to keep and maintain the provisions of Section 7(a) hereof Premises, the fixtures and equipment therein and the appurtenances thereto in good repair and condition at Tenant's own cost and expense, and to make all necessary repairs and replacements thereto. Tenant shall arrange and pay for all janitorial services required for the Premises. Tenant shall keep and maintain the Premises in a first-class condition throughout the Term. Tenant shall replace all damaged glass with glass of equal quality. In the case of damage or destruction by insurable casualty or by eminent domain, the obligations of Landlord and Tenant shall be controlled as hereinafter provided. (c) Following initial construction of the Premises Tenant may, at its own cost, paint, paper or change floor coverings, or otherwise alter the Premises, provided that (i) the structural integrity or value of the Building shall not be adversely affected and (ii) the cost of such alteration does not exceed Five Dollars ($5.00) per square foot; and, except as otherwise permitted herein, the sprinkler system is not thereby affected. In all other provisions of this Leaseinstances, Tenant shall keep secure prior written approval of Landlord. Tenant shall submit to Landlord plans and specifications for such proposed work, together with the Premises name of the contractor and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepteda statement of the estimated cost thereof. Except as otherwise set forth in this LeasePrior to starting such work, Tenant hereby waives all rights agrees to make repairs at the expense deliver to Landlord a certificate of Landlord or worker's compensation insurance in lieu thereof statutory limits from Tenant's contractor as well as evidence of insurance coverages to vacate the Premises except as provided be maintained by law, statute or otherwise now or hereafter in effectTenant hereunder. All repairs made by or on behalf of Tenant Such work shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and promptly completed in accordance with such approved plans and specifications, applicable laws and ordinances, and rules and requirements of Landlord's insurance carriers, subject to the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition terms of the Premises or the Building have been made by Landlord to Tenant except as expressly Tenant's indemnity set forth herein. Tenant will pay for any repairs under paragraph 16 hereof and Tenant's obligation to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenantinsure such liability under paragraph 28 hereof. (d) The term "repairs" shall include repairs, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderreplacements, renewals, alterations, additions, improvements and betterments.

Appears in 1 contract

Sources: Lease Agreement (Pac-West Telecomm Inc)

Repairs. a. By Lessee. Within ten (a10) Landlord working days of occupying the Premises, --------- Lessee shall maintainbe deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in a timely manner, the public portions their condition existing as of the Building 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 standards of Class A office buildings plans and specifications for such improvements, excluding only the punch list items referred to in the central business district Article 4. a. above. Lessee shall at Lessee's sole cost and expense, keep every part of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable damage thereto from causes beyond the control of Lessee (and not caused by any act or omission of Lessee or Lessee's Agents) and ordinary wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except If Lessee fails to maintain the Premises as otherwise set forth in required by this Lease, Tenant hereby waives Lessor may give Lessee notice to do such acts as are reasonably required to so maintain the Premises and if Lessee fails to commence such work immediately in an emergency or where immediate action is required to protect the Premises or any portion of the Project, or within ten (10) days after such notice is given under other circumstances, and diligently prosecute it to completion, then Lessor or Lessor's agents, in addition to all of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall have the right to make repairs enter the Premises and to do such acts and expend such funds at the expense of Landlord or in lieu thereof Lessee as are reasonably required to vacate perform such 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 except as provided to the extent such damage is caused by lawLessor's or Lessor's agents active negligence or willful misconduct. In no event shall Lessor have any liability to Lessee for any other damages, statute or otherwise now for any inconvenience or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance interference with the Rules relating thereto annexed use of the Premises by Lessee, or for any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provided in an addendum, if any, to this Lease as Exhibit “E” hereto and all lawsLease, ordinances and regulations. Tenant Lessor shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has have no obligation and has made no promise whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or 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 have been made by Landlord to Tenant Project except as expressly specifically set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderthis Lease.

Appears in 1 contract

Sources: Sublease (Inktomi Corp)

Repairs. Subject to clause 23.10, the Tenant accepts the Property at the Date of Entry in the condition shown in the Ingo Schedule of Condition and fit for the purpose for which it is let and undertakes at all times throughout the Term at the Tenant's expense and to the reasonable satisfaction of the Landlord to repair, maintain, decorate, cleanse, glaze, point and where necessary (due to the same being beyond economic repair) renew, rebuild and reinstate and generally in all respects to look after the Property and every part thereof with all necessary maintenance, cleansing and rebuilding and renewal works and amendments whatsoever damage by any Insured Risks for which the Landlord is indemnified under any insurance policy effected hereunder being excepted from this obligation save to the extent that the payment of insurance monies shall have been refused or withheld in whole or in part by reason of the act, neglect, default or omission of the Tenant or any other person for whom the Tenant is legally responsible and the Tenant has not made good the amount rendered so irrecoverable in terms of clause 9.3 (f) and save further for any excesses payable under such policy or policies. Provided that (a) in the event of any works being required under this clause 23.1 which do or may also affect any neighbouring or adjoining property of the Landlord, the Tenant shall be bound to give written notice thereof to the Landlord as soon as reasonably practicable and the works shall maintainbe carried out by or as shall be directed by the Landlord but without prejudice to the Tenant's liability to meet the proper and reasonable cost or an appropriate share thereof as determined by the Landlord’s Surveyor on a fair and equitable basis and (b) in carrying out any works whatsoever to the Property the Tenant shall use best quality appropriate materials and (c) any warranty by the Landlord, whether express or implied and whether under statute or common law or otherwise that the Property is reasonably fit for the purpose for which it is let is expressly excluded. The Tenant shall not be liable to repair, reinstate, renew or rebuild the Property or any part thereof to the extent that the costs of remedying any disrepair, reinstating, renewing or rebuilding are recoverable by the Landlord pursuant to the Policy. The Tenant shall keep the external areas of the Property in a timely mannerclean and tidy condition and not allow any rubbish or waste to be left there. The Tenant shall keep in repair all Service Media exclusively serving the Property and indemnify the Landlord and its tenants against all liability howsoever arising from any failure to repair or the misuse or overloading of such Service Media. The Tenant shall as soon as reasonably practicable repair or replace (where the same is beyond economic repair) by new articles of a similar kind and quality any Landlord’s fixtures, fittings, lifts, boilers, plant, machinery or equipment on or in the public portions Property needing repair or replacement. The Tenant shall keep all windows and glass of the Building Property clean both inside and outside and unobstructed. The Tenant shall keep all rubbish and waste enclosed in accordance with suitable receptacles situated in such areas as may be designated by the standards of Class A office buildings in the central business district Landlord, acting reasonably and to empty such receptacles as often as reasonably practicable and to keep any part or parts of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself land forming part of the BuildingProperty as may from time to time be unbuilt upon in proper, the fire neat and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good tidy order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (all to the extent satisfaction of the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of TenantLandlord, which acting reasonably. The Tenant shall pay to the Landlord in full. any reasonable costs properly incurred by the Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, the repair, decorate maintenance, resurfacing or paint renewal of any neighbouring or adjoining premises occasioned by the Premises act, neglect, default or omission of the Tenant any other person for whom the Tenant is legally responsible. The Tenant shall give written notice to the Landlord as soon as reasonably practicable upon becoming aware of any want of repair or any defect in the Property. Notwithstanding the foregoing, the Tenant shall not be obliged to: maintain any part thereof and no representations respecting the condition of the Premises Property to any better a standard than the standard evidenced by the Ingo Schedule of Condition nor remedy any defect or want of repair identified in the Building have Ingo Schedule of Condition, excepting the air conditioning unit, lower lock on the front door and the lift within the Premises, which the Tenant acknowledges are in good repair and condition (and, in the case of the lift, has been made recently serviced) and shall be maintained in such good repair and condition; remedy any damage caused by the Landlord to Tenant except as expressly set forth herein. Tenant will pay or those for whom they are legally responsible; remedy any repairs to the Premises or the Building or the Development made necessary damage caused by any negligence Uninsured Risks; repair or carelessness replace any of Tenant or its employees or persons permitted in the Building or double-glazed window units within the Development by Tenant, unless Property on account of any material deterioration of the same are covered by the insurance carried or required to be carried by Landlord hereunder.black film which they contain;

Appears in 1 contract

Sources: Lease Agreement

Repairs. (a) Landlord shall maintain, maintain in a timely manner, first-class condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including the fire foundation, floor/ceiling slabs, exterior walls, roof structure (as opposed to the roof membrane), curtain wall, exterior glass and life safety systemsmullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, underground utilities, Building mechanical, HVACelectrical and telephone closets, plumbing and electrical equipment servicing the Premises all common and the Building and the common public areas servicing the DevelopmentBuilding, in good order including the parking areas, landscaping and condition as reasonably determined by Landlord exterior Project signage (collectively, the “Building Structure”) and the cost shall be included Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Notwithstanding anything in Expenses, except for the repairs due to fire and other casualties (this Lease to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, howevercontrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in Building Structure and/or the Premises. (b) Subject Building Systems to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent any damage thereto is caused by Landlord or resulting from Landlorddue to Tenant’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition use of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs other than a normal and customary implementation of its Permitted Use, unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, 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 condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord (which approval shall not be unreasonably withheld or conditioned), and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter (unless more than five (5) days is required to effectuate such repair, in which case Tenant shall have the time reasonably required to complete the repair, so long as Tenant commences the repair during the five (5) day period and diligently completes such repair), but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not to exceed five percent (5%) of the cost of such work) 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 that pursuant to the BS/BS Exception, Tenant may be responsible for certain repairs to the Base Building and/or Building Systems, Landlord shall nevertheless make such repairs at Tenant’s expense; provided, however, to the extent the same are covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Sources: Office Lease (SERVICE-NOW.COM)

Repairs. (a) Landlord shall maintain, maintain in a timely manner, first-class condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including without limitation the fire foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and life safety systemsmullions, mechanicalcolumns, HVACbeams, plumbing shafts (including elevator shafts), stairs, parking areas, landscaping, exterior Project signage, stairwells, and electrical equipment servicing the Premises all common and public areas (collectively, “Building Structure”) and the Building base first-sprinkler systems which were not constructed by Tenant Parties and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the BuildingCommon Areas; provided, however, that to the extent such fire-sprinkler system (as existing as of the date of this Lease) is altered by Tenant, Tenant shall thereafter be responsible therefor (at which time any warranties relating to such system shall be transferred to Tenant); provided further, however, that until such time as Tenant becomes responsible for the base fire-sprinkler systems pursuant to the foregoing clause, all references to Building Structure shall be deemed to include such base fire-sprinkler system. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject Building Structure to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent caused by Landlord or resulting from Landlorddue to Tenant’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition use of the Premises or for other than normal and customary implementation of the Building have been made by Landlord to Tenant except business operations contemplated under Tenant’s Permitted Use (as expressly set forth herein. Tenant will pay for any repairs in Sections 6(i)-(iii) of the Summary), unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS Exception”). Tenant shall, at Tenant’s own expense, pursuant to the TCCs of this Lease (including, without limitation, Article 8 hereof) keep the Premises, including all improvements, fixtures and furnishings therein, the roof membrane, and the floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term (but such obligation shall not extend to the Building Structure, except pursuant to the BS Exception). In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances (but such obligation shall not extend to the Building Structure, except pursuant to the BS Exception), 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, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Sources: Office Lease (Dexcom Inc)

Repairs. Landlord shall maintain the Buildings in a good state of repair, including, but not limited to: (a) Landlord shall maintain, in a timely manner, repairs and replacements to the public structural portions of the Building in accordance with Buildings, including the standards of Class A office buildings in the central business district roof foundation and exterior walls of the City of DetroitBuildings, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject 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 area where the Premises are located, whether or not due to Tenant's negligence, (d) repairs and replacements to the provisions of Section 7(aparking lot areas and landscaped areas, and (e) hereof repairs and the other provisions of this Leasereplacements, Tenant shall keep the Premises though non-structural, necessitated by Landlord's acts or negligence, (f) repairs and every part thereof in good condition replacements directly resulting from Landlord's failure to repair as required hereunder and repair, reasonable (g) repairs and replacements caused by ordinary wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease exceptedto the Common Areas. Except as otherwise set forth provided in this LeaseSection 23 hereof, in the event a repair or replacement cannot be accomplished by Landlord within a period of ninety (90) days from the date of notice from Tenant, or in the event Landlord fails to complete the repair or replacement within a period of ninety (90) days from the date of notice from Tenant, Tenant hereby waives all rights may, at its option, either (i) prior to make repairs at the expense completion of any such repair or replacement, cancel this Lease by giving Landlord written notice, and 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 lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of which event Tenant shall be made 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 performed in such manner as Landlord may designatethereafter diligently proceeds to completion. Notwithstanding the above, by contractors if Tenant cannot reasonably, substantially operate Tenant's business from the Premises because of a failure of repair or mechanics reasonably approved replacement by Landlord and in accordance with for a period of 150 days or more from the Rules relating thereto annexed to date Landlord commences performance, then Tenant can terminate this Lease as Exhibit “E” hereto and all lawson ten (10) days' written notice to Landlord, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with after such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder150 days.

Appears in 1 contract

Sources: Lease (Acc Corp)

Repairs. (a) Landlord shall maintainmaintain in good order and repair, in a timely mannersubject to normal wear and tear and subject to casualty and condemnation, the public Building (including without limitation the roof, foundation, basement, structural portions of interior and exterior structural walls, but excluding the Demised Premises and other portions of the Building in accordance with leased to other tenants), the standards of Class A office buildings in the central business district of the City of DetroitBase Building mechanical, including but not limited to any lobbies, stairs, elevators, corridors electrical and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of plumbing systems within the Building, the fire and life safety systemsBuilding parking facilities, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenseslandscaped areas. Notwithstanding the foregoing obligation, except for the repairs due to fire and other casualties (to the extent the cost of such any repairs are covered by insurance proceeds) and for or maintenance to the repair of damages occasioned foregoing necessitated by the intentional acts or omissions negligence of TenantTenant or its agents, which contractors, employees, licensees, subtenants or assigns, shall be borne solely by Tenant and shall pay be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Except as expressly set forth above in full. this Article 14(a), Landlord shall not be responsible required to supply make any repairs or improvements to the Demised Premises except for any initial improvements to the Demised Premises pursuant to the provisions of Exhibit "D" and pay except structural repairs necessary for the replacement of lighting ballasts safety ----------- and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premisestenantability. (b) Subject to Tenant covenants and agrees that it will take good care of the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Demised Premises and every part thereof all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, reasonable except for normal wear and tear and damaged caused by tear. Tenant shall at once report, in writing, to Landlord any defective or resulting from Landlord’s default under this Lease excepteddangerous condition known to Tenant. Except for Tenant's rights as otherwise set forth in this LeaseArticle 18(e), to the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises except as may be provided by any law, statute or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant thereof, except as specifically and expressly herein set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderforth.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Fund Ix Lp)

Repairs. (a) Landlord shall maintain, in a timely manner, use commercially reasonable efforts to keep the public portions Common Areas of the Building and the Project in accordance with the standards a clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable period following receipt of Class A office buildings in the central business district notice of the City of Detroitneed therefor from Tenant, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations exterior doors and structure itself windows of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire public corridors and other casualties (to public areas of the extent the cost Project not constituting a portion of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbsany tenant's premises, and fluorescent tubes shall use commercially reasonable efforts to keep all Building standard equipment used by Tenant in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the common with other provisions of this Lease, Tenant shall keep the Premises and every part thereof tenants in good condition and repair, reasonable wear and tear and damaged caused by excepted. Landlord or resulting from Landlord’s default under this Lease exceptedshall, however, provide janitorial services to the Premises. Except as otherwise set forth provided in this LeaseParagraph 9, there shall be no abatement of Rent and Landlord shall not be liable for any injury to, or damage suffered by Tenant, including without limitation, interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Project. Tenant hereby waives all rights the right to make repairs at Landlord's expense under Sections 1941 and 1942 of the expense of Landlord California Civil Code, and under all other similar laws, statutes or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise ordinances now or hereafter in effect. (b) Tenant, at its expense shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, reasonable wear and tear excepted. All In that regard, Tenant shall be responsible for making at Tenant's sole cost and expense all repairs made and replacements to the Premises, except as otherwise provided herein. In connection with any work required to be performed at the expense of Tenant, Tenant shall use contractors selected by Landlord of all facilities located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of tenant or existing in the Premises at the time of Landlord's delivery of the Premises to Tenant). Tenant shall make all repairs and replacements to the Premises using materials of equal or better quality than that repaired or replaced. Tenant shall do all decorating, remodeling, alteration and painting required by Tenant during the term of this Lease. (c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in a safe, clean and neat condition reasonable wear and tear excepted; in the event that Tenant defaults with respect to this provision, in addition to any and all other remedies of Landlord, Landlord may use, apply or retain all or any part of any Security Deposit with respect to such default. Tenant shall remove from the Premises all trade fixtures (which are not required to be surrendered with the Premises pursuant to the provisions of Paragraph 4(b) hereof), furnishings and other personal property of Tenant, shall repair all damage caused by such removal, and shall restore the Premises to its original condition, reasonable wear and tear excepted. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or personal property, Tenant shall be made and performed deemed to have abandoned the same, in such manner as which case Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless store the same are covered by at Tenant's expense, appropriate the insurance carried or required to be carried by Landlord hereundersame for itself, and/or sell the same in its discretion.

Appears in 1 contract

Sources: Lease (Keith Companies Inc)

Repairs. (a) Landlord shall maintain[IN CLAUSES 18, in a timely manner19 AND 28, the public portions of the Building in accordance with the standards of Class AS BETWEEN THE COUNCIL AND EFS, A office buildings in the central business district of the City of DetroitDISCUSSION ON THE SCOPE OF RESPECTIVE RESPONSIBILITY FOR INTERNAL/EXTERNAL PARTS OF THE PROPERTY AND RESPONSIBILITY FOR THE ROADS AND PATHWAYS IN THE PROPERTY, including but not limited to any lobbiesTHE PERIMETER FENCE AROUND THE PROPERTY, stairsALL GATES, elevatorsSECURITY BARRIERS WITHIN THE PROPERTY, corridors and restroomsALL EXTERNAL LIGHTING AROUND THE PROPERTY AND BOILERS WITHIN THE PROPERTY, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the PremisesWILL WAIT UNTIL THE INITIAL DILAPIDATIONS SURVEY IS COMPLETE.] (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, 18.1 [SCOPE PARKED PURSUANT TO NOTE AT THE START OF CLAUSE 18] The Tenant shall keep the Premises interior of the buildings comprised in the Property (collectively “Items Within the Tenant’s Responsibility”) clean and every part thereof tidy and in good repair and condition and repair, reasonable wear shall ensure that any Service Media within and tear and damaged exclusively serving the Property is kept in good working order. 18.2 [SCOPE PARKED PURSUANT TO NOTE AT THE START OF CLAUSE 18] To the extent that any disrepair to Items Within the Tenant’s Responsibility has been caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Leasean Insured Risk, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made either make good the disrepair out of its own monies or make a claim on its policies of insurance and performed in such manner as Landlord may designate, by contractors to lay out and expend any insurance proceeds on making good the disrepair and shall make up any want or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted deficiency in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereundercosts of repairs out of its own monies.

Appears in 1 contract

Sources: Lease Agreement

Repairs. (a) Landlord Tenant shall maintainbe responsible for and keep all parts of the demised premises and the appurtenances thereto in good, safe, tenantable condition, slightly in a timely mannerappearance, the public and in good order and repair. This article shall not abrogate Landlord's responsibilities for repairs to all portions of the Building demised premises where the need for such repairs is attributable to Landlord's act, acts and/or negligence or when such repairs are expressly made the responsibility of Landlord under another article of this lease, including, without limiting the generality of the foregoing, the articles hereof, captioned "DAMAGE CLAUSE" and "CONDEMNATION". Landlord shall in no event be required to make any repairs, replacements or corrections which are necessitated by (i) ordinary wear and tear to the applicable improvements, (ii) abuse or faulty maintenance by Tenant, its agents or employees or (iii) acts of the Tenant, its agents or employees. Landlord shall not be liable for any damage to the building or Tenant's fixtures, 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 to Landlord setting forth such breach, provided such damage could have been avoided if such notice were given. DAMAGE CLAUSE If the whole or any part of any building or other improvement located upon the demised land shall during the term hereof, be damaged or destroyed by fire or other casualty required to be insured against by Tenant hereunder, Tenant shall, subject to Unavoidable Delays,, promptly remove any resulting debris and repair, restore or rebuild the damaged or destroyed improvements substantially in accordance with the standards of Class A office buildings in plan or 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 to said loss. In the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Developmentevent Tenant, in good order and condition as reasonably determined faith, is disputing with its insurer the amount of loss payable to Tenant by Landlord and the cost shall be included in Expensessaid insurer, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for that reason the repair of and restoration work required hereunder is delayed, Tenant hereby agrees that Tenant shall indemnify Landlord for Landlord's damages occasioned by the acts or omissions of Tenant, which such delay. Tenant shall pay not be obligated to Landlord in full. Landlord shall be responsible to supply and pay for perform the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise undertakings set forth in this Leaseparagraph 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-built plans and specifications for the damaged or destroyed improvements. Anything herein to the contrary notwithstanding, it is understood and agreed that, if such damage or destruction of the type provided for in the preceding 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 hereby waives all rights shall have the right and option to make repairs at terminate the expense 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 notice is given the term of this lease shall terminate as of the last day of the month immediately following the month during which such notice shall have been given. Tenant shall 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 thereof, Tenant may deliver the insurance proceeds to vacate the Premises except Landlord (or, if Tenant is self-insured, an amount equal to what such proceeds would presumably have been had insurance been maintained as provided by law, statute or otherwise now or hereafter for in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderlease).

Appears in 1 contract

Sources: Lease Agreement (Alliance Data Systems Corp)

Repairs. (a) Landlord shall maintainnot be required to make any repairs or improvements of any kind upon or to the Premises, in a timely manner, except for necessary repairs to the public portions foundations and structural repairs to the exterior of the Building in accordance with building (excluding the standards interior of Class A office buildings in all walls and the central business district exterior and interior of all windows, glass, showcases, doors, door frames and bucks) of which the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors Premises forms a part and restrooms, together with the windows sewer and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment water lines servicing the Premises and that are located outside of the Building and Premises, unless the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except necessity for the repairs due to fire and other casualties (to the extent the cost any of such repairs are covered by insurance proceeds) and for the repair of damages shall have been occasioned by the acts any action, omission to act or omissions negligence of Tenant, its assignees, subtenants, invitees, concessionaires or licensees, or their respective employees, agents, or contractors, in which event Tenant shall pay agrees to Landlord in fullmake such repairs, at Tenant’s sole cost and expense. Landlord shall not be responsible required to supply commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of an emergency, shall be in writing and pay for shall allow Landlord a reasonable time in which to commence and complete such repair. Landlord shall use reasonable efforts to do said repair work with minimum inconvenience, annoyance, disturbance or loss of business to Tenant, as may be reasonably possible under the replacement of lighting ballasts and light bulbscircumstances consistent with accepted construction practice in the vicinity, and fluorescent tubes in the Building; provided, however, Tenant so that such work shall be responsible expeditiously completed, but in no event shall Landlord be required to pay the cost of replacement of light bulbs incur any additional expenses for work to be done during hours or days other than regular business hours and fluorescent tubes in the Premisesdays. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease13(a), Tenant shall agrees at Tenant’s sole cost and expense to keep and maintain the Premises and each and every part thereof in good repair, order and condition and repairto make all repairs and replacements thereto, reasonable wear and tear to the fixtures and damaged caused equipment therein and the appurtenances thereto, including without limiting the generality of the foregoing, the exterior and interior windows and window frames, doors and door frames, entrances, store fronts, including store front metal work, signs, showcases, floor coverings, interior walls, partitions and the lighting, electrical heating, air conditioning, plumbing, and sewage systems, equipment, fixtures and facilities within and serving the Premises, and the floor slab and that portion of any pipes, lines, ducts, wires or conduits installed by Landlord or resulting from Landlord’s default under this Tenant contained under, above or within, and exclusively serving, the Premises. Tenant shall keep and maintain the Premises in a first-class and attractive condition throughout the Lease exceptedTerm. Except as otherwise set forth Tenant shall replace all damaged or broken glass with glass of equal quality with that broken or damaged, except in this Leasethe case of damage or destruction by fire or other insurable casualty or by eminent domain, Tenant hereby waives all rights to make repairs at the expense obligations of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of and Tenant shall be made controlled as hereinafter provided. (c) Tenant may, without prior notice to Landlord, at Tenant’s sole cost and performed expense paint, paper or change floor coverings in and to the interior of the Premises only, provided that (i) the structural integrity of the building shall not be affected or diminished; (ii) the value of the building, which is part of the Premises, is not thereby diminished; (iii) the exterior appearance of the Premises, is not thereby altered or changed. In all other instances, Tenant shall secure prior written approval and consent of Landlord. (d) Tenant shall submit to Landlord plans and specifications for any such manner remodeling work, together with a statement of the estimated cost of such work and the name of the proposed contractor whom Tenant proposes to engage to perform the same within sixty (60) days prior to the date Tenant is to commence any such remodeling work. After receiving Landlord’s written approval, and prior to the commencement of any such work, Tenant agrees to deliver to Landlord a policy or certificate of workmen’s compensation insurance in statutory limits from Tenant’s contractor as Landlord well as evidence of the maintenance by Tenant of the insurance coverages to be maintained by Tenant hereunder. Such work may designate, by contractors or mechanics reasonably thereupon be commenced and shall be diligently prosecuted to completion in accordance with such approved by Landlord plans and specifications and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all applicable laws, ordinances ordinances, rules and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractorsrequirements of Landlord’s insurance carriers, subcontractors and materialmen providing services or furnishing material subject, however, to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition terms of the Premises or the Building have been made by Landlord to Tenant except as expressly Tenant’s indemnity set forth herein. Tenant will pay for any repairs herein and Tenant’s obligation to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by insure such assumed liability under Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder’s Comprehensive General Liability policy.

Appears in 1 contract

Sources: Lease Agreement (1847 Holdings LLC)

Repairs. (a) Landlord shall maintainmaintain in good order and repair, in a timely mannersubject to normal wear and tear and subject to casualty and condemnation, the public Building (excluding the Demised Premises and other portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited leased to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Buildingother tenants), the fire and life safety systemsBuilding parking facilities, mechanical, HVAC, plumbing and electrical equipment servicing the Premises public areas and the Building and landscaped areas. Notwithstanding the common areas servicing the Developmentforegoing obligation, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such any repairs are covered by insurance proceeds) and for or maintenance to the repair of damages occasioned foregoing necessitated by the intentional acts or omissions negligence of TenantTenant or its agents, which contractors, employees, subtenants or assigns, shall be borne solely by Tenant and shall pay be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord in fullupon demand. Landlord shall not be responsible required to supply make any repairs or improvements to the Demised Premises except for any initial improvements to the Demised Premises pursuant to the provisions of Exhibit "C" and pay except structural repairs necessary for the replacement of lighting ballasts safety and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premisestenantability. (b) Subject to Tenant covenants and agrees that it will take good care of the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Demised Premises and every part thereof all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, reasonable except for normal wear and tear and damaged caused tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Leaselaw, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises except as may be provided by any law, statute or otherwise ordinance now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant thereof, except as specifically and expressly herein set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderforth.

Appears in 1 contract

Sources: Lease Agreement (Digital Television Services of Kansas LLC)

Repairs. The Landlord, at its expense, shall: (ai) Landlord shall maintainmaintain the Premises, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, and the fire Common Areas in good working order and life safety systemsrepair; (ii) malce all interior and exterior structural repairs as and when needed; and (iii) repair or replace all building materials, mechanical, HVAC, plumbing fixtures and electrical equipment servicing required for the normal use of the Premises and by the Building and Tenant. Notwithstanding the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (above to the extent the cost of contrary, provided that such repairs are covered by insurance proceeds) and for the repair of damages occasioned damage was not caused by the acts Landlord, its agents, employees or omissions of Tenant, which Tenant shall pay to Landlord in full. licensees: (i) the Landlord shall be responsible not have any obligation to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep repair any property on the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused provided or installed by the Tenant which the Landlord or resulting shall have the right to require the Tenant to remove from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting alteration made to the condition Premises by, for, or at the direction of the Tenant; and (ii) the Tenant shall, without expense to the Landlord, replace all glass broken or damaged by the Tenant in the Premises during the Term with glass of the same kind and quality as that broken or damaged. In addition, the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for cost of any repairs to the Premises Premises, Building, or its Common Areas caused by the Building or the Development made necessary by any negligence or carelessness willful acts of the Tenant or its employees customers, licensees, agents, servants or persons permitted in employees, other than associated with ordinary wear and tear, shall be borne by the Building or Tenant and shall be reimbursed to the Development Landlord with the next Rent payment after written demand for reimbursement is made by the landlord. When requested by ·the Tenant, unless this written demand for reimbursement shall be accompanied by reasonable supporting documentation. The Tenant's reimbursement obligation shall be limited to those reasonably incurred costs over the same are covered amounts reimbursed by insurance carried by the insurance carried or required Landlord. The Landlord shall make available to the Tenant any warranties the Landlord has received which are applicable to the repairs to be carried paid for by Landlord hereunderthe Tenant.

Appears in 1 contract

Sources: Lease Agreement (Dyadic International Inc)

Repairs. (a) Landlord shall maintainThe premises have been inspected by Lessee and by entry hereunder Lessee accepts the premises as being in good, sanitary order, condition and repair. Lessee shall, at Lessee's sole cost and expense, at all times keep the premises neat, clean, sanitary, and in a timely manner, the public portions good condition and state of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited repair. Lessee's duty to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost repair shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for include without limitation the replacement of lighting ballasts glass of all windows and light bulbsdoors as may become cracked or broken, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, except for reasonable wear and tear and damaged caused damage by Landlord fire or resulting from Landlord’s default under this Lease exceptedother unavoidable casualty, shall at all times preserve the premises in as good repair as they now are or may hereafter be put. Except as otherwise set forth in this Lease, Tenant Lessee hereby waives all rights to make any repairs at the expense of Landlord or in lieu thereof to vacate the Premises except Lessor as may be provided by law, statute or otherwise now ordinance nor or hereafter in effect. All repairs made 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 on behalf agents or disgruntled ex-employees of Tenant shall be made Lessee. It is specifically understood and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord agreed that Lessor has no obligation and has made no promise promises to alter, remodel, improve, repair, decorate or paint the Premises premises or any part thereof hereof and that no representations respecting the condition of the Premises premises or the Building building of which the premises are a part have been made by Landlord Lessor to Tenant Lessee except as expressly specifically herein set forth hereinforth. Tenant will pay for any repairs Lessee shall upon the expiration or sooner termination of this Lease, quit and surrender the premises to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted Lessor without notice in the Building or the Development by Tenantsame condition as when received, unless the same are covered by the insurance carried or required ordinary wear and tear excepted, and in a neat, broom-clean condition delivering up to be carried by Landlord hereunderLessor all keys belonging to said premises.

Appears in 1 contract

Sources: Lease (International Knife & Saw Inc)

Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited Tenant agrees to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in keep the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises each and every part thereof 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 repairrepair during the term of the Lease, reasonable ordinary wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease alone excepted. Except as otherwise set forth in this Lease, Tenant hereby waives expressly waiving all rights to make repairs at the expense of Landlord as provided for in any statute or law in lieu effect at the time of execution of this Lease or any amendment thereof or any other statute or law which may be hereafter passed during the term of this Lease, and agrees upon the expiration of the term of this Lease or sooner termination hereof to vacate surrender unto Landlord the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development same condition as received and improved by Tenant, unless ordinary wear and tear and damage thereto by fire, earthquake, act of God or the same are covered elements alone excepted. If Tenant fails 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 receipt by Tenant of a ▇▇▇▇ therefore, including a charge equal to five percent (5%) of cost for overhead. Notwithstanding the insurance carried or required to foregoing, Landlord shall deliver the Premises in clean broom swept condition, free of all hazardous materials and in safe and tenantable condition. Landlord shall be carried by Landlord hereunderresponsible for the repair of latent defects, if any, in the structure of the Building.

Appears in 1 contract

Sources: Commercial Lease (Nara Bancorp Inc)

Repairs. (a) Landlord shall maintainkeep the exterior, in a timely mannerfoundations, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroitstructure, roof, all common areas (including but not limited to any lobbies, stairs, elevators, corridors parking and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanicaldriveway), HVAC, plumbing and electrical equipment servicing systems located on the Premises and exterior of the Building and the common areas servicing the Development, building in good order and condition as reasonably determined by Landlord and the cost shall be included in Expensesrepair, except for the repairs due to fire and other casualties (subject to the extent the cost of such repairs are covered by insurance proceeds) reimbursement as Operation and for the repair of damages occasioned by the acts or omissions of TenantMaintenance Costs pursuant to Paragraph 8, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant that Lessee shall be responsible to pay maintain the cost plumbing, heating, air conditioning and electrical systems which are physically located within the confines of replacement of light bulbs and fluorescent tubes in the Premises., provided that the systems are properly installed and operating at the time of possession by Lessee, and replace/repair all broken glass, door windows, etc (b) Subject Except as Landlord is obligated for repairs as provided hereinabove, Lessee shall make, at its sole cost and expense, all repairs necessary to maintain the provisions of Section 7(a) hereof Premises and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof the fixtures therein in good condition neat and repairorderly condition. If Lessee, reasonable wear and tear and damaged caused by after receiving written notice from Landlord outlining such repairs that Landlord believes Lessee should make, refuses or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights neglects to make such repairs or fails to diligently prosecute the same to completion after 30 days of the date that such written notice from Landlord is received, Landlord may make such repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant Lessee and such expense shall be made and performed in such manner collectible as additional rent. (c) Landlord may designate, shall not be liable by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material reason of any injury to or for Tenant in connection interference with such Lessee's business arising from the making of any repairs. Landlord has no obligation and has made no promise to alter, remodelalterations, improve, repair, decorate additions or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs improvements to the Premises or the Building or to any appurtenances or equipment therein. Landlord shall interfere as little as reasonably practicable with the Development made conduct of Lessee's business. There shall be no abatement of rent because of such repairs, alterations, additions or improvements. (d) In the event of an emergency, Landlord may enter the Premises to make any and all repairs necessary by any negligence or carelessness to preserve and protect the Premises, and the costs and expense of Tenant or its employees or persons permitted such repairs shall be paid as provided in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderthis Lease.

Appears in 1 contract

Sources: Lease Agreement (Neogenomics Inc)

Repairs. During the Term, Landlord shall, at Landlord's sole expense, keep the Leased Premises in good order, condition and repair (a) Landlord shall maintainwhether or not the need for such repairs occurs as a result of Tenant's use, in a timely mannerany prior use, the public portions elements or the age of such portion of the Building in accordance with the standards of Class A office buildings in the central business district of the City of DetroitLeased Premises), including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (only to the extent the cost of such repairs are covered by insurance proceeds) and necessary to allow for the repair of damages occasioned by the acts or omissions continued operation of Tenant's business at the Leased Premises in the same manner as it has been operated under the Previous Lease. The parties understand and agree that Tenant and IOM Holdings, which Tenant Inc. (the predecessor lessee under the Previous Lease), as well as each of their officers, directors, employees, agents and representatives, shall pay not have any obligations to Landlord in full. Landlord shall be responsible to supply and make or pay for any repairs, alterations, or improvements to all or any part of the replacement of lighting ballasts and light bulbsLeased Premises during the Lease Term or at any other time, and fluorescent tubes and, except as specifically provided for in the Building; providedthis Lease, however, Tenant shall be responsible not have any obligations to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject for any expenses relating to the provisions of Section 7(a) hereof Leased Premises. The parties understand and agree that, prior to the Commencement Date and the other provisions execution of this Lease, Tenant shall keep had previously contracted for certain improvements, alterations and/or repairs to the Leased Premises that have not yet been paid for, and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise which are set forth in Exhibit A attached hereto. The items listed on Exhibit A hereto which have not yet been paid for shall be the sole responsibility of Landlord, who shall pay for such items in a timely manner pursuant to the terms of the contracts included in Exhibit A hereto. Prior to the Commencement Date and execution of this Lease, Tenant hereby waives all rights Landlord had made requests to make its lender Bank of America ("BofA") for reimbursements from a BofA reserve account of certain repairs at and/or improvements to the expense of Landlord or Leased Premises, which requests are summarized in lieu thereof to vacate Exhibit B hereto (and which include the Premises except as provided by law, statute or otherwise now or hereafter in effectitems listed on Exhibit A hereto). All repairs In the event any such reimbursements are made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or BofA for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or items listed on Exhibit B hereto, Landlord shall have the Building have been made by Landlord right to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderretain and shall retain all such reimbursements.

Appears in 1 contract

Sources: Commercial Lease Agreement (I/Omagic Corp)

Repairs. (a) Landlord Prior to the execution of this lease Lessee shall maintainhave identified each item of defect within the premises which Lessor agrees, by Lessor’s endorsement thereon, to repair or replace. Said items of repair or replacement are listed in Schedule A, entitled “Schedule of Repairs Prior to Lessee’s Possession”, attached hereto and incorporated herein by reference. Upon the execution of this lease, Lessor shall perform all items of repair or replacement listed in Schedule A before Lessee takes possession, or occupies, the premises, whether actually or constructively. As used herein, and elsewhere in this lease, “the premises” shall include the real property subject to this lease, and all fixtures, equipment, furnishings and furniture subject to this lease, including those listed in said Schedule A. Lessee’s occupancy, or taking possession of the premises, shall be deemed, conclusively, Lessee’s full satisfaction of Lessor’s performance of the repair or replacement work set forth in said Schedule A, and shall further constitute the complete waiver by Lessee of whatever items of said work that remain unperformed, if any. By and upon Lessee’s occupancy or taking possession of the premises, Lessee covenants and agrees, and Lessor relies thereon, that (a) Lessee has independently examined and knows the physical condition of the premises, and every part thereof, and has received the same in good order and repair; (b) the premises, and every part thereof, are, and shall be deemed and presumed conclusively to be, free of defects of any and whatever kind; (c) all defects or disrepair of the premises, or any part thereof, discovered during Lessee’s occupancy or possession of the premises shall be deemed and presumed conclusively to have occurred after Lessee took occupancy or possession of the premises and during such occupancy or possession, for which Lessee is solely responsible; (d) Lessee is absolutely estopped from claiming or asserting, at any time after Lessee’s occupancy or possession of the premises, that the premises, or any part thereof, were defective or were not in good order or repair at the execution of this lease; and (e) no statements or representations as to the physical condition of the premises, or the condition of repair of the premises, have been made by or on behalf of Lessor prior to, or contemporaneously with, the execution of the lease. (b) During Lessee’s possession or occupancy of the premises, Lessee agrees to keep the premises and the fixtures, appurtenances, furniture and furnishings leased hereunder, including air conditioning units, and every part thereof, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in same good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due they are upon delivery to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbsLessee, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall will keep the Premises streets and adjoining alleys and common areas and said premises both inside and outside and every part thereof in good repair and in a clean and healthful condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractorsthe direction of government authorities during the term of the lease, subcontractors and materialmen providing services at the end of the term, or furnishing material to other termination of the lease, either by operation of law or for Tenant failure to comply with the provisions hereof or any of them, Lessee shall surrender and yield up said premises to Lessor in connection with such repairslike good condition and repair. Landlord has Lessee’s obligation of repair and maintenance of the premises, as herein provided, is absolute, and is without regard to the cause of the disrepair or the reason for the required repair, as it is conclusively presumed herein that all disrepair, defects within the premises, or repairs or work required by any governmental agency to be performed within the premises to have occurred during Lessee’s occupancy or possession of the premises, and proximately caused by Lessee’s activities within the premises. Lessee acknowledges that Lessor shall have no obligation whatsoever to repair or remediate, or pay for the repair or remediation of the premises during or arising out of Lessee’s possession or occupancy of the premises, except, and has made no promise only to alterthe extent, remodelwhere the disrepair or required remediation of the premises, improveor any portion thereof, is caused directly by Lessor’s gross negligence or willful misconduct during the term of the lease. If Lessee shall fail to make such repairs or remediation within a reasonable time as determined by Lessor, or should in any manner fail to perform the covenants hereof, then Lessor may, at his sole option, but without any obligation to do so, enter upon the premises and repair or remediate the same as in Lessor’s reasonable discretion may be necessary, and the cost and expenses of such repair shall be added to the next succeeding installment of rent, and if not so paid this lease may at the option of Lessor be declared breached, in the same manner as for non-payment of rent. Lessee hereby consents to, and permits, Lessor’s entry into the premises for the purpose of remediaton or repair, decorate and hereby waives all claims of any kind or paint nature against Lessor, his agents or employees, for any damage to the Premises premises, or to Lessee, his business or property, by reason of, or arising from, Lessor’s exercise of his right and option hereunder to repair or remediate the premises. Prior to the commencement of repair, remediation or any part thereof work within or about the premises, Lessee shall submit to Lessor, for Lessor’s approval, written detailed plans for such work. Failure of Lessor to disapprove said plans in writing within ten (10) business days of presentation of said plans shall be deemed Lessor’s approval thereof. All such work shall be performed in strict compliance with plans approved by Lessor, and no representations respecting the condition completed work shall be subject to Lessor’s reasonable approval. Failure of Lessor to approve the completed work within ten (10) business days of written notice from Lessee of completion of said work shall be deemed Lessor’s approval thereof. In the event Lessor, in his reasonable discretion, requires modification, alteration or further repair of the Premises completed work, Lessee shall forthwith comply with Lessor’s requirements at Lessee’s sole cost and expense. There shall be no abatement of rent, or waivers or compromises of any of Lessee’s obligations hereunder during the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to period of repair or remediation of the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderpremises under this paragraph.

Appears in 1 contract

Sources: Business Property Lease (Passionate Pet, Inc.)

Repairs. (a) Landlord shall maintain, maintain in a timely manner, first-class condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including without limitation the fire foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and life safety systemsmullions, mechanicalcolumns, HVACbeams, plumbing shafts (including elevator shafts), stairs, parking areas, landscaping, exterior Project signage, stairwells, and electrical equipment servicing the Premises all common and public areas (collectively, “Building Structure”) and the Building base first-sprinkler systems which were not constructed by Tenant Parties and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the BuildingCommon Areas; provided, however, that to the extent such fire-sprinkler system (as existing as of the date of this Lease) is altered by Tenant, Tenant shall thereafter be responsible therefor (at which time any warranties relating to such system shall be transferred to Tenant); provided further, however, that until such time as Tenant becomes responsible for the base fire-sprinkler systems pursuant to the foregoing clause, all references to Building Structure shall be deemed to include such base fire-sprinkler system. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject Building Structure to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent caused by Landlord or resulting from Landlorddue to Tenant’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition use of the Premises or for other than normal and customary implementation of the Building have been made by Landlord to Tenant except business operations contemplated under Tenant’s Permitted Use (as expressly set forth herein. Tenant will pay for any repairs in Sections 6(i)-(iii) of the Summary), unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS Exception”). Tenant shall, at Tenant’s own expense, pursuant to the TCCs of this Lease (including, without limitation, Article 8 hereof) keep the Premises, including all improvements, fixtures and furnishings therein, the roof membrane, and the floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term (but such obligation shall not extend to the Building Structure, except pursuant to the BS Exception). In addition, Tenant shall, at Tena▇▇’▇ ▇wn expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances (but such obligation shall not extend to the Building Structure, except pursuant to the BS Exception), 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, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tena▇▇’▇ ▇se of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Sources: Office Lease (Dexcom Inc)

Repairs. (a) Landlord A. Subtenant shall maintainpromptly make all repairs and alterations to the Demised Premises which may be required as a result of repairs, in a timely manneralterations, other improvements or installations made by Subtenant, anyone claiming under Subtenant or the public portions agents of any of them. B. If Subtenant shall give Sublessor notice of the need for any repair or alteration to the Demised Premises which is required to be made by Parent Landlord, pursuant to the Parent Lease, Sublessor shall promptly give Parent Landlord notice of the need for such repair or alteration and shall cooperate with Subtenant to enforce said repair or alteration obligation of Parent Landlord. C. Notwithstanding Sublessor’s obligations under the Parent Lease, except for Sublessor’s obligations set forth in this Sublease, Subtenant will, throughout the term of this Sublease, be responsible to keep and maintain only the interior of the Demised Premises and all fixtures and equipment located therein (exclusive of any Building in accordance with the standards of Class A office buildings systems or structural components) clean, safe and in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good same (or better) working order and condition as reasonably determined by Landlord and existed on the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repairCommencement Date, reasonable wear and tear excepted, and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives make all rights to make necessary repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effectthereto. All repairs made by or on behalf required of Tenant Subtenant in connection herewith shall be made done in a good and performed workmanlike manner in such manner as Landlord may designatecompliance with all applicable laws and the terms and conditions of this Sublease. All maintenance, by contractors or mechanics reasonably approved by Landlord repairs, and in accordance with the Rules relating thereto annexed replacements that are not Subtenant’s responsibility pursuant to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant Section 14(C) shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant be Sublessor’s responsibility except as expressly set forth herein. Tenant will pay for any repairs to the Premises or extent that such maintenance, repairs, and replacement obligations are Parent Landlord’s responsibility under the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderParent Lease.

Appears in 1 contract

Sources: Sublease (HeartWare International, Inc.)

Repairs. 7.1 Tenant shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition subject to normal wear and tear and damage by fire or other casualty. Except as otherwise provided in Section 9.8 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the A/B Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the A/B Building or by installation or removal of furniture, fixtures or other property by or on behalf of Tenant, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant (ai) fails to make such repairs, restoration or replacements, within ten (10) days after Landlord gives Tenant notice of the necessity thereof or (ii) fails to commence within said period and fails to thereafter diligently and continuously prosecute to completion all steps necessary to remedy the same and to complete such remedy within such time after the date of the giving of said notice of Landlord as shall be necessary as reasonably determined by Landlord, but for a period not longer than thirty (30) days, the same may be reasonably 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 (30) days after rendition of a bill ▇▇▇refor. The exterior walls of the A/B Building, the portions of any windowsills outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the A/B Building, provided, however, Landlord shall maintainuse all reasonable efforts not to interfere with the views and exposure from the demised premises, unless such interference is necessitated by an event of force majeure or Legal Requirements. 7.2 Tenant shall not place a load upon any floor of the demised premises exceeding fifty (50) pounds per useable square foot live load, and if Tenant shall desire a floor load in excess of such floor load, Landlord agrees to strengthen and reinforce the same so as to give the live load desired, provided, (i) Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for the areas in question, (ii) Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement, (iii) Landlord's architects, in a timely mannertheir sole reasonable discretion, find that the public portions work necessary to increase such floor load does not adversely affect the structure of the A/B Building, and (iv) such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the A/B Building. 7.3 Landlord shall exercise reasonable diligence in the making of any repairs, alterations, additions or improvements so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis. 7.4 Landlord shall, at its expense (subject to reimbursement as set forth in Article 4 hereof) keep and maintain the Common Areas and the A/B Building in good condition and repair in accordance with the standards of Class A appropriate to a first class office buildings building in Westchester County, New York, and make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expensesdemised premises, except for the those repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be is responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject pursuant to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.

Appears in 1 contract

Sources: Lease Agreement (Interliant Inc)

Repairs. (a) Subject to Paragraph 5(b), and except for maintenance attributable to Tenant's breach of its obligations under this Lease, which maintenance shall be Tenant's responsibility, Landlord shall maintainmake all necessary repairs to the exterior walls, in a timely mannerexterior doors, the public portions windows, corridors and other common areas of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises Building in a safe, clean and every part thereof neat condition, and use reasonable effort to keep all equipment used in common with other tenants or located outside the Premises, such as elevators, plumbing, heating, air conditioning, electrical and similar equipment, in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth provided in this LeaseParagraph 13 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or in or to fixtures, appurtenances and equipment therein or thereon. Tenant hereby waives all rights the right to make repairs at the Landlord's expense of Landlord or in lieu thereof to vacate the Premises except as provided by under any law, statute or otherwise ordinance now or hereafter in effect. All Landlord agrees to comply with all laws, statutes or ordinances now or hereafter in effect and applicable to Landlord's maintenance or repair of the Building. (b) Tenant agrees that all repairs to the Premises not required above to be made by or on behalf Landlord and all decorating, remodeling, alteration and painting required by Tenant during the term of Tenant this Lease shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord (or a third party reasonably acceptable to Landlord) at the sole cost and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition expense of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth hereinTenant. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its assignees, subtenants, employees or their respective agents or other persons permitted in the Building or the Development by Tenant, unless or any of them, and will maintain the same are covered by Premises, and will leave the insurance carried or required to be carried by Landlord hereunderPremises upon termination of this Lease, in a safe, clean, neat and sanitary condition, reasonable wear and tear excepted.

Appears in 1 contract

Sources: Office Lease (Pacifica Bancorp Inc)

Repairs. (a) Landlord shall maintainTenant, in a timely manner, after the public portions commencement of the Building term of this Lease, shall, at its own expense, maintain the demised premises in accordance with as good condition and repair as the standards premises were upon the commencement of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expensesthis term, except for reasonable wear and use during the term of this Lease, or any extension thereof, structural repairs due to or repairs made necessary by reason of fire or other casualty, and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the negligent acts or omissions of Tenant, which Tenant shall pay by Landlord or its agents or as otherwise specifically provided for in this Lease. U. DESTRUCTION OR DAMAGE BY FIRE OR OTHER HAZARDS. The parties hereto agree that if the improvements erected or to Landlord in full. be erected upon the demised premises are partially or totally destroyed or damaged by fire or other hazard then Landlord shall be responsible promptly repair and restore such improvements as soon as it is reasonably practical so that they are restored substantially to supply and pay for the replacement of lighting ballasts and light bulbsprior existing condition, subject to such changes as Tenant may reasonably require, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay that such changes will not increase the cost of replacement restoration unless Tenant agrees to pay for such increased cost. Due allowance, however, shall be made for reasonable time necessary for Landlord to adjust the loss with the insurance companies insuring the demised premises at the time of light bulbs 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 fluorescent tubes in any event the Premises. (b) Subject to restoration must commence within 45 days after the provisions happening of Section 7(a) hereof 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 strikes; lockouts, or conditions beyond the control of Landlord, but in any event, said restoration must be completed on or before one year after the happening of such fire or other provisions casualty. If such restoration is not completed within said one-year period, then Tenant, at its option, may cancel this Lease with abatement of rent as of the date of the loss, provided, however, that Landlord shall be entitled to retain the proceeds of any rent insurance as provided for in paragraph H hereof. Failure of the insurance company to authorize such restoration work will be considered a reasonable delay. In the event that there is total destruction of the demised premises and Landlord fails to completely restore and rebuild the same within one year after such fire, casualty, or other disaster, then, in that event Tenant may, at its option, elect to terminate and cancel this Lease, in which event this Lease shall be terminated upon written notice by Tenant to Landlord and neither party shall keep thereafter have any further obligation with respect to the Premises and every part other. Should the demised premises or any portion thereof in good condition and repair, reasonable wear and tear and damaged be rendered untenantable by reason of the damage or destruction thereto caused by Landlord fire, casualty, or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at disaster during the expense term of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all lawsprovided for in this paragraph, ordinances and regulations. Tenant rent shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material be abated in proportion to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition areas of the Premises demised premises rendered untenantable from the date of the happening of the fire or other casualty or disaster up to the Building have been made by Landlord date of restoration of the premises, except any rent that may be received from rent insurance procured pursuant to Tenant except as expressly set forth hereinthis Lease. Tenant will pay However, no rent shall accrue for any repairs portion of the premises unless Tenant is able to conduct its usual business on that portion of the Premises premises that remains tenantable. If, after the date of the happening of the fire or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.other

Appears in 1 contract

Sources: Commercial Lease (Intuit Inc)

Repairs. 12.01 Tenant shall take good care of the Demised Premises and Tenant’s Roof Top Space (aand RTS Property therein) Landlord shall maintainand the fixtures and appurtenances therein or outside the Premises as permitted hereunder, including any Supplemental HVAC System and the Private Shuttle Elevator (subject to Section 2.03E and Section 5.10 hereof), in each case, at Tenant’s sole cost and expense (unless required as a timely manner, the public portions result of the Building in accordance with the standards negligence or willful misconduct of Class A office buildings in the central business district of the City of Detroit, including but not limited to Landlord or any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the DevelopmentLandlord Party, in good order and condition as reasonably determined by Landlord and which case the cost shall be included in Expensessame shall, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject subject to the provisions of Section 7(a14.01B 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) hereof 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, 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 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 (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 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 provisions 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 and 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 expense, all repairs in and to the Demised Premises and Tenant’s Roof Top Space for which Tenant is responsible, using only the contractor for the trade or trades in question approved by Landlord, which approval shall be granted or withheld in accordance with the provisions of Article 13 hereof. Any other repairs in or to the Building, the Unit and/or the Common Elements, or any portion thereof, or the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s sole cost and expense. Landlord and Tenant agree that for the purposes of this Section 12.01, (a) core lavatories on any full floor of the Premises and every any bathroom(s) located within the 51st Floor Space and (b) Tenant’s Roof Top Space, in each case, are not Building common areas, 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 vitiate Landlord’s obligation to maintain the plumbing therefor that is part thereof the Base Systems to the point of connection to the applicable Office Space Portion in accordance with the terms hereof. 12.02 Except for those repairs which are expressly required to be made by Tenant pursuant to Section 12.01 above but subject to the provisions of Section 12.03 hereof, Landlord shall make or cause to be made all repairs and replacements, structural and otherwise, ordinary or extraordinary, foreseen or unforeseen, necessary or desirable in order to keep in good condition order and repairrepair (a) all structural portions of the Unit (whether located within or outside of the Demised Premises), reasonable wear (b) all Building common areas to the extent such areas serve or affect the Demised Premises or Tenant’s use thereof, including, without limitation, all elevators (excluding the Private Shuttle Elevator), corridors, lobbies, core lavatories, including all fixtures therein (except as provided in Section 12.01), core electric closets, core telecommunication closets, core janitor closets, and tear mechanical rooms, and damaged caused (c) all Base Systems (whether such Base Systems are located within or outside of the Demised Premises) serving the Demised Premises and the common and public service areas of the Building to the extent such areas serve or affect the Demised Premises or Tenant’s use thereof, including, without limitation, the plumbing, electrical, mechanical, Base HVAC System, fire protection, life safety and sprinkler systems of the Unit (other than any distribution of such systems located in the Demised Premises), in each case throughout the Term, and in such manner as is consistent with the maintenance, operation and repair standards of Comparable Buildings, unless, in any instance, any repair or replacement is required as a result of the negligence or willful misconduct of Tenant, Tenant Party or any other Related Entity, in which case the same shall be performed by Landlord or resulting from Landlordat Tenant’s default under this Lease excepted. Except as otherwise set forth sole cost and expense. 12.03 Notwithstanding anything to the contrary contained in this Lease, Tenant hereby waives all rights Landlord, subject to the provisions of Article 34 hereof, shall have no obligation to operate, repair or maintain any portion of the Unit, the Building, the Common Elements and/or the Building common areas, or make any such repairs at thereto, to the expense extent the same is the responsibility of any Condominium Board pursuant to the Condominium Documents but Landlord or in lieu thereof shall be obligated to vacate enforce the Premises except obligations of the Condominium Board as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderArticle 34 hereof.

Appears in 1 contract

Sources: Lease Agreement (Datadog, Inc.)

Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof Article 6 hereof, Landlord shall make all repairs necessary to maintain the structural, plumbing, HVAC and mechanical and electrical systems (including replacement of light bulbs, ballasts and fixtures), exterior doors and windows, roof, exterior walls, demising walls and floor (but excluding interior ceiling, wall and floor finishes), and utility lines and connections servicing such Premises or other building premises. Landlord shall commence such repairs as promptly as the other provisions of circumstances reasonably permit and thereafter shall diligently pursue the same to completion with reasonable promptness. Notwithstanding anything contained in this LeaseLease to the contrary, Tenant shall be responsible, at its sole cost and expense, for any maintenance, repairs and replacements made by the Landlord which are necessitated by the negligent acts, misuse or willful misconduct of Tenant, its agents, contractors, employees or invitees. (b) Except as the Landlord is obligated for repairs as provided hereinabove, Tenant shall make at Tenant’s sole cost and expense, all repairs necessary to maintain the Premises and shall keep the Premises and every part thereof the fixtures therein in good condition neat, clean, safe and repair, reasonable wear and tear and damaged caused by Landlord orderly condition. If the Tenant refuses or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights neglects to make such repairs, or fails to diligently prosecute the same to completion, within a reasonable period of time after written notice from Landlord of the need therefore, Landlord may make such repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by lawTenant and such expense, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant along with a ten (10%) percent service charge, shall be made and performed in such manner collectible as additional rent. (c) Landlord may designate, shall not be liable by contractors reason of any injury to or mechanics reasonably approved by Landlord and interference with ▇▇▇▇▇▇’s business arising from the making of any repairs in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services Article 16 in or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building and Development or to any appurtenances or equipment therein. Landlord shall interfere as little as reasonably practicable with the Development made necessary by any negligence or carelessness conduct of Tenant or its employees or persons permitted ▇▇▇▇▇▇’s business in the Building or performance of the Development by Tenantforegoing. There shall be no abatement of Rent because of such repairs, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderexcept as provided in Article 20 hereof.

Appears in 1 contract

Sources: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Repairs. 7.01. Tenant shall, at its sole cost and expense, make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the act, omission (a) Landlord shall maintainwhere this Lease imposes a duty to act), occupancy in violation of the terms, provisions or conditions of this Lease, or negligence of Tenant or by the use of the demised premises in a timely mannermanner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Notwithstanding the public foregoing to the contrary, Tenant shall be required to make structural repairs to the demised premises only to the extent that the need for such repairs is necessitated by the negligence of Tenant or its contractors, agents, or employees or invitees or by the use of the demised premises in violation of this Lease or in a manner contrary to the purposes for which same are leased to Tenant. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. Any repairs to the Building structure, portions of the Building in accordance with outside the standards of Class A office buildings in demised premises and the central business district facilities and systems of the City Building for which Tenant is responsible shall be performed by Landlord at Tenant's commercially reasonable expense. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the commercially reasonable expense of Detroit, including but not limited to any lobbies, stairs, elevators, corridors Tenant and restrooms, together with the windows such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a ▇▇▇▇ therefor. The exterior walls, roofs, foundations and structure itself walls of the Building, the fire portions of any window ▇▇▇▇▇ outside the windows and life safety systemsthe windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building (without limitation to its existing obligations). 7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot of area which such floor was designed to carry as set forth below. The floors of the Building are designed for the following superimposed loading: Live Load 50 pounds per square foot Partitions 12 pounds per square foot Suspended Ceiling & Mechanical 13 pounds per square foot ------------------------- Total Tenant Load 75 pounds per square foot Landlord agrees that Tenant may reinforce floor loads in the demised premises provided that same is performed in accordance with the terms of this Lease including without limitation Article 6 hereof and provided further that such reinforcement of floors within the demised premises is deemed reasonably necessary by Tenant's engineers or architect and such reinforcement remains within the cubic area of the demised premises. 7.03. Business machines and mechanical equipment used by Tenant which cause vibration, mechanicalnoise, HVACcold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building, plumbing in their reasonable judgment, shall be placed and electrical maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such objectionable vibration or noise, or prevent transmission of such objectionable cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment servicing the Premises and will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in fulldemised premises. Landlord shall be responsible under no obligation to supply endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same first-class nature as the Building in the midtown area of the Borough of Manhattan. 7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the same on an overtime or premium pay basis, unless Tenant is willing to reimburse Landlord for the replacement difference between the normal, full-time pay basis and overtime or premium pay basis and the performance of lighting ballasts same on such overtime or premium pay basis is available and light bulbsreasonably practicable, and fluorescent tubes in the Building; provided, however, that (i) in cases where there is work of a disruptive nature such as demolition, core drilling and similar work lasting for more than an insignificant period of time or a material interference with Tenant's business or the health or safety of the occupants of the demised premises are adversely affected or (ii) if an owner of a first-class office building in Manhattan would customarily perform the nature of the work involved on an overtime or premium pay basis, then Tenant shall will not be responsible obligated to pay for such work on an overtime or premium pay basis if Tenant requested such work to be performed on an overtime or premium pay basis (unless such work was necessitated by an improper act or omission of Tenant). The provisions of the cost of replacement of light bulbs and fluorescent tubes proviso clause in the Premises. (b) Subject to immediately preceding sentence are hereinafter called the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect"OVERTIME PROVISO". All repairs made by or on behalf Landlord in the demised premises pursuant to the provisions of Tenant this Article 7 shall be made and performed in such a good and workmanlike manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been replacements made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs in the demised premises pursuant to the Premises provisions of this Article 7 shall be at least equal in quality and class to the original work or installation. 7.05. Landlord will operate the Building or in such a manner as is consistent with the Development made maintenance and repair standards of first-class office buildings with retail space similar to the Building and located in the midtown area of the Borough of Manhattan. To the extent that same shall affect Tenant's use and enjoyment of the demised premises and/or the Building as a first-class office building in midtown Manhattan, Landlord, at Landlord's cost and expense subject to recoupment as part of Expenses, shall maintain in good order and repair the common Building facilities, the roof, the structural components and exterior of the Building and the structural components of the demised premises, as well as the mechanical, plumbing, electrical and HVAC systems to the point of entry to the demised premises in a manner which is consistent with the maintenance standard for other first-class buildings in the midtown area of the Borough of Manhattan similar to the Building and Landlord shall make all repairs and replacements to the Building (as opposed to the demised premises) necessary by any negligence or carelessness to Tenant's use of the demised premises, except to the extent that same are the obligation of Tenant or its employees or persons permitted in under this Lease. Landlord shall promptly remove accumulations of snow and ice from the Building or exterior areas of the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderBuilding.

Appears in 1 contract

Sources: Lease Agreement (Investment Technology Group Inc)

Repairs. (a) Landlord shall maintainmake all necessary repairs and replacements to the building and to the common areas, in a timely mannernow existing heating, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing now existing air conditioning and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, systems located therein except for the items of electrical replacement which are the Tenant's responsibility pursuant to Paragraph 9 hereof, and Landlord shall also make all repairs due to fire and other casualties (to the extent the cost of such repairs Leased Premises which are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord structural in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Buildingnature; provided, however, that Tenant shall make all repairs and replacements arising from its act, neglect or default. Except as provided above, Tenant shall keep the Leased Premises in good repair, and Tenant shall upon the expiration of the term of this Lease, yield and deliver up the Leased Premises in like condition as when taken, and remove such fixtures, equipment and improvements noted on Tenant's plans which are approved by Landlord and attached to an Amendment to this Lease ("Tenant's Improvements to be Removed") reasonable use and wear thereof excepted. Notwithstanding anything contained herein to the contrary, any HVAC system(s) installed by Tenant shall be responsible to pay the repaired or maintained at Tenant's sole and cost of replacement of light bulbs and fluorescent tubes in the Premisesexpense. (b) Subject In the event that the Landlord shall deem it necessary, or be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the provisions Leased Premises or of Section 7(a) hereof and the other provisions Building (unless the same result from Tenant's act, neglect, default or mode of this Lease, operation in which event Tenant shall keep make all such repairs, alterations and improvements), then the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant same shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord with reasonable dispatch, and in accordance with should the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with making of such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate alterations or paint the Premises or improvements cause any part thereof and no representations respecting the condition interference with Tenant's use of the Premises or Leased Premises, such interference shall not relieve Tenant from the Building have been made by performance of its obligations hereunder provided, however, Landlord shall use reasonable efforts not to Tenant except as expressly set forth herein. Tenant will pay for any repairs to interfere with Tenant's use of the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderPremises.

Appears in 1 contract

Sources: Lease Agreement (Focal Communications Corp)

Repairs. (a) Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in fullSection 14.01. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repairrepair at all times during the Term and at Tenant's sole cost and expense. If Tenant falls to make such repairs promptly, reasonable wear Landlord, at its option, may make such repairs, and tear and damaged caused by Tenant shall pay Landlord or resulting from on demand Landlord’s default under this Lease excepted's actual costs in making such repairs plus fifteen percent (15%) for Landlord's overhead. Except as otherwise set forth in this LeaseNotwithstanding the foregoing, Tenant hereby waives all rights shall have no obligation to make repairs at maintain or repair any portion of the expense Building which is not part of the Premises; provided, however, that Tenant shall reimburse Landlord for any actual costs incurred for maintenance or in lieu thereof repair of any such portion of the Building if such maintenance or repair is necessitated by the negligent acts or omissions of Tenant plus fifteen percent (15%) for Landlord's overhead. At the end of the Term, Tenant shall surrender to vacate Landlord the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all lawsalterations, ordinances additions and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material improvements thereto subject to or for Tenant in connection with such repairsthe provisions of Article 20 hereof. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate redecorate, or paint the Premises or any part thereof and no thereof, except as specifically set forth in this Lease. No representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly specifically set forth herein. Tenant will pay for any repairs in this Lease. (a) Subject to the Premises or the Building or the Development made necessary by any negligence or carelessness other provisions of Tenant or its employees or persons permitted this Lease imposing obligations in the Building or the Development by this respect upon Tenant, unless and subject to the provisions of Articles 16 and 17 hereof, Landlord shall repair, replace, and maintain (i) the external and structural parts of the Building, and (ii) all common and public areas of the Building. (b) Nothing contained in this Section 14.02 shall preclude Landlord from including in Basic Costs (pursuant to Sections 6.02 and 6.03) any of the costs and expenses referred to herein to the extent the same are covered by within the insurance carried or required to be carried by Landlord hereunderdefinition of Basic Costs.

Appears in 1 contract

Sources: Lease Agreement (Century Bancshares Inc)

Repairs. (a) Landlord 12.01 Tenant shall maintain, in a timely manner, the public portions take good care of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including Demised Premises (excluding Tenant’s Roof Top Space [but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises Tenant shall be responsible for Tenant’s Property therein] and the Building and RTS Shuttle Elevator, each of which shall be the common areas servicing responsibility of Landlord, but the Development, in good order and condition as reasonably determined by Landlord and the cost costs of which shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceedsRTS Operating Expenses in accordance with Section 4.02 hereof) and for the repair fixtures and appurtenances therein or outside the Premises as permitted hereunder, including any Supplemental HVAC System, Supplemental Cooling System and/or the Premises Emergency Generator Equipment and, at Tenant’s sole cost and expense (unless required as a result of damages occasioned by the acts negligence or omissions willful misconduct of TenantLandlord or any Landlord Party, in which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for case the replacement of lighting ballasts and light bulbssame shall, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject subject to the provisions of Section 7(a14.01B 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) hereof any cause or condition arising out of any Tenant Changes or other alterations or installations in the Demised Premises (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, or (d) any negligence or willful misconduct by Tenant, or any contractor, subcontractor, licensee or invitee of Tenant or (e) Tenant’s use or manner of use or occupancy of the Premises as a “place of public accommodation” within the meaning of the ADA. Tenant 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 (ii) any such Base System located outside of the Demised Premises to the extent it exclusively serves the Demised Premises but in such event Landlord shall perform such repairs at Tenant’s sole but reasonable cost and expense. All damage or injury to the Demised Premises, 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 provisions property, or from any other cause of any other kind or nature whatsoever due to the negligence or willful misconduct of Tenant, its servants, employees, agents, visitors or licensees, shall be repaired, restored or replaced promptly by Tenant at its sole 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 and 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 or the Common Elements or any part thereof, nor permit or suffer any waste to or upon the Building, the Unit, the Demised Premises 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 or the Common Elements or any part thereof; (C) maintain, repair, keep, use and occupy the Demised Premises in compliance with the DUO; and (D) keep the Demised Premises free of graffiti and posters. Tenant shall promptly make, at Tenant’s sole cost and expense, all repairs in and to the Demised Premises for which Tenant is responsible, using only the contractor for the trade or trades in question approved by Landlord, which approval shall be granted or withheld in accordance with the provisions of Article 13 hereof. Any other repairs in or to the Building, the Unit and/or the Common Elements, or any portion thereof, or the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s sole cost and expense. Landlord and Tenant agree that for the purposes of this Section 12.01, (a) core lavatories on any full floor of the Premises and every (b) Tenant’s Roof Top Space and, if leased by Tenant hereunder, the 51st Floor Space, are not Building common areas, 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. 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 vitiate Landlord’s obligation to maintain the plumbing therefor that is part thereof the Base Systems to the point of connection to the Premises in accordance with the terms hereof. 12.02 Except for those repairs which are expressly required to be made by Tenant pursuant to Section 12.01 above but subject to the provisions of Section 12.03 hereof, Landlord shall make or cause to be made all repairs and replacements, structural and otherwise, ordinary or extraordinary, foreseen or unforeseen, necessary or desirable in order to keep in good condition order and repairrepair (a) all structural portions of the Unit (whether located within or outside of the Demised Premises), reasonable wear (b) all Building common areas to the extent such areas serve or affect the Demised Premises or Tenant’s use thereof, including, without limitation, all elevators, corridors, lobbies, core lavatories, including all fixtures therein (except as provided in Section 12.01), core electric closets, core telecommunication closets, core janitor closets, and tear mechanical rooms, and damaged caused (c) all Base Systems (whether such Base Systems are located within or outside of the Demised Premises) serving the Demised Premises and the common and public service areas of the Building to the extent such areas serve or affect the Demised Premises or Tenant’s use thereof, including, without limitation, the plumbing, electrical, mechanical, Base HVAC System, fire protection, life safety and sprinkler systems of the Unit (other than any distribution of such systems located in the Demised Premises), in each case throughout the Term, and in such manner as is consistent with the maintenance, operation and repair standards of Comparable Buildings, unless, in any instance, any repair or replacement is required as a result of the negligence or willful misconduct of Tenant or any Tenant Party, in which case the same shall be performed by Landlord or resulting from Landlordat Tenant’s default under this Lease excepted. Except as otherwise set forth sole cost and expense). 12.03 Notwithstanding anything to the contrary contained in this Lease, Tenant hereby waives all rights Landlord, subject to the provisions of Article 35 hereof, shall have no obligation to operate, repair or maintain any portion of the Unit, the Building, the Common Elements and/or the Building common areas, or make any such repairs at thereto, to the expense extent the same is the responsibility of any Condominium Board pursuant to the Condominium Documents but Landlord or in lieu thereof shall be obligated to vacate enforce the Premises except obligations of the Condominium Board as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderArticle 35 hereof.

Appears in 1 contract

Sources: Lease Agreement (Legg Mason Inc)

Repairs. (a) Landlord shall maintainLessee will, at all times, keep the Premises neat, clean and in a timely mannersanitary condition. Lessor, at its sole expense, shall repair the public portions roof structure, walls and foundation of the Building in accordance with the standards of Class A office buildings demised Premises, unless Lessee is responsible for such damage, and provided however that Lessee shall be required to notify Lessor in the central business district event any repairs which are the Lessor's responsibility are necessitated. All other repairs to Lessee's Premises shall be at Lessee's sole cost and expense. Lessor agrees to repair and maintain the common area, parking area and landscaping of the City of Detroitentire building on the Property described in Exhibit "A", including but not limited Lessee agrees to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Leasesuch common expenses incurred by Lessor, Tenant shall keep the Premises and every part thereof in good condition and repair, which includes all Common Areas. Except for reasonable wear and tear and damaged caused damage by Landlord fire, windstorm and Acts of God, or resulting from Landlord’s default other similar casualty, Lessee will at all times preserve said Premises in as good repair as they now are or may hereafter be put to. Lessee agrees that at the expiration or sooner termination of this Lease, Lessee will quit and surrender said Premises without notice and in a neat and clean condition and will deliver up all keys belonging to said Premises to the Lessor or Lessor's agent. Lessee shall have heating and ventilation equipment and overhead doors serviced and maintained by qualified service contractors, at its sole expense, on a regular basis. Lessor reserves for itself and its employees or contractors, and Lessee covenants to permit Lessor or its agents, employees or contractors, to enter any and all portions of the Premises at any and all reasonable times with reasonable notice to make such repairs as shall be necessary for the safety and preservation of the Premises. Nothing herein shall imply any duty by Lessor to make any such repairs or do any other work that under any provision of this Lease, Lessee is required to perform, and the performance hereof by Lessor shall not constitute a waiver of Lessee's default, nor shall the obligation of Lessee under this Lease exceptedbe thereby affected in any manner. Except as otherwise set forth Furthermore Lessor during the progress of such repairs or other work may keep and store on the demised Premises all necessary material, tools and equipment, and Lessor shall in this Leaseno event be liable for disturbance, Tenant hereby waives all rights inconvenience, annoyance, loss of business or other damage to make Lessee or any assignees or sublessee's under the Lease by making such repairs at the expense of Landlord or performing any such work on or in lieu thereof to vacate the demised Premises or on account of bringing materials, supplies and equipment into or through the Premises except as provided by lawduring the course of such work. Lessor shall use his best efforts to minimize the inconvenience to Lessee, statute or otherwise now or hereafter and to perform necessary repairs in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereundera timely manner.

Appears in 1 contract

Sources: Lease (Rodi Power Systems Inc)

Repairs. In connection herewith, the Landlord represents (ai) Landlord The property shall maintain, 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 timely mannerneat and clean condition. The same, however, shall be deemed a common area maintenance charge subject to inclusion as Additional Rent. From and after the commencement of and during the Term, the public portions of Tenant shall, at its own cost and expense: make all other repairs, non-structural, interior and exterior, necessary to keep the Building in accordance with the standards of Class A office buildings in the central business district of the City of DetroitPremises, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety all electrical other than common systems, mechanical, HVACheating, ventilating and air conditioning (including any roof top unit), plumbing (other than in common areas) and electrical equipment servicing other building systems [excluding sewer and gas systems and all capital repairs and replacements] serving the Premises and the Building and the common areas servicing the DevelopmentPremises, in as good condition, order and condition repair as reasonably determined by Landlord and the cost shall same are at the commencement of the Term or thereafter may be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repairput, reasonable wear and tear and damaged use, damage by fire or other casualty caused by the Landlord or resulting and 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 Landlord’s the obligation to keep the Premises in good order, repair and condition). If the Landlord shall fail to cure any default by the Landlord in its obligations under this Lease excepted. Except Paragraph 10, thirty (30) days after notice from the Tenant to the Landlord of such default (or, in the event of imminent danger of injury to persons or damage to property, after telephone notice of such default) or to commence such cure and diligently prosecute the same to completion, in the absence of any Terminable Default on the part of the Tenant hereunder, the Tenant may, at its option, cure such default for the Landlord's account as otherwise set forth was specified in such notice, in which event the Tenant may offset against the Basic Rent next accruing under this Lease, Tenant hereby waives all rights cumulatively until exhausted, the reasonable costs and expenses it can demonstrate were incurred in good faith in the cure of such 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 Landlord to make repairs at payments of principal, interest and other expenses payable under any first Mortgage perfected against the expense 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 the Landlord disputes the Tenant's 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 lieu thereof any action taken by the Tenant under this paragraph, shall not afford the Tenant the right to vacate offset any amounts due the Premises except 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 Tenant or 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 the contrary as provided by lawcontained in this Paragraph, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant the Landlord shall be made solely and performed exclusively liable for all repairs and replacements which are capital in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereundernature.

Appears in 1 contract

Sources: Lease Agreement (Adaptive Broadband Corp)

Repairs. (a) Landlord Except for ordinary janitorial maintenance which shall maintainbe furnished by Lessor five days per week on a regularly scheduled basis, in a timely mannerwhich scheduled days may be modified from time to time, and except for maintenance of Building systems, Lessee shall, at its sole cost and expense, keep and maintain the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of DetroitPremises and appurtenances and every part thereof, including but not limited to any lobbieswithout limitation walls, stairsfloors, elevatorsceilings, corridors doors, solar control tinting on interior windows, electrical facilities and restrooms, together with equipment within the windows and Premises (except exterior walls, windows and roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development), in good order and sanitary order, condition and repair. By entry hereunder, Lessee accepts the Premises as reasonably determined by Landlord being in good and the cost shall be included in Expensessanitary order, condition and repair, except for the repairs due list of items to fire be mutually agreed upon in writing by Lessor and other casualties Lessee, delivery of Lessee's preliminary list of said items to occur no later than twenty (to 20) days following Lessee's occupancy of the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbsPremises, and fluorescent tubes in except for defects not discoverable by inspection, and agrees on the Building; provided, however, Tenant shall be responsible to pay last day of the cost term of replacement this Lease or earlier termination of light bulbs and fluorescent tubes in the Premises. (b) Subject this Lease pursuant to the provisions of Section 7(a) hereof 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 other provisions of contrary in this Lease, Tenant shall keep in the 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 every part thereof in good condition and repairexpense of Lessee, reasonable wear and tear and damaged caused excluding any structural changes not related to or affected by Landlord Lessee's alterations, additions, improvements, repairs, deletions or resulting from Landlord’s default under this Lease exceptedother modifications or acts. Except as otherwise specifically set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made it is specifically understood and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord agreed that Lessor has no obligation and has made no promise promises to alter, remodel, improve, repair, decorate decorate, paint or paint otherwise modify the Premises Premises, or any part thereof thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord Lessor to Tenant except as expressly set forth hereinLessee. Tenant will pay for any repairs 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 duty upon Lessor, or affect in any manner the obligations placed upon Lessee, as a result of Lessor's action. Except in the event Lessor or its agents is determined to have been grossly negligent or to have exhibited willful misconduct, there shall be no abatement or reduction of rental or other amounts due under this Lease, by reason of injury to or interference with Lessee's use of the Premises arising from or in connection with the making of alterations, additions, improvements, repairs, deletions or other modifications in or to any portion of the Building or the Development made necessary by any negligence Premises, or carelessness in or to fixtures, appurtenances, improvements, equipment or other property therein, nor liability of Tenant Lessor arising therefrom or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderconnection therewith.

Appears in 1 contract

Sources: Lease Agreement (Resourcephoenix Com Inc)

Repairs. 10.1 Landlord will keep the roof, foundation and the exterior walls of the Demised Premises in proper repair, excepting any work done by Tenant and any glass or doors, provided that in each case Tenant shall have given Landlord prior written notice of the necessity of such repairs; and provided further that if any such repair is required by reason of the negligence of Tenant or any of its agents, employees or customers, or other persons using the Demised Premises with Tenant's consent, express or implied, or if the need for such repair is directly or indirectly attributable to or results from the business activity being conducted within the Demised Premises, Landlord may make such repair and add the cost thereof to the first installment of Minimum Rent which shall thereafter become due. Tenant will keep the interior of the Demised Premises (a) Landlord shall maintainwhich includes, in a timely mannerbut is not limited to, all electrical, plumbing, heating, air conditioning and other mechanical installations, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroitceiling, including but not limited to any lobbieslighting, stairsflooring, elevatorsall doors, corridors door frames, door checks, and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, all glass) in good order and repair, accomplishing any and all repairs, alterations, replacements and modifications at its own expense and using materials and labor of a kind and quality equal to the original work, and will surrender the Demised Premises at the expiration or earlier termination of this Lease in as good condition as reasonably determined when received, excepting only deterioration caused by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable ordinary wear and tear and damaged caused damage by Landlord fire or resulting from Landlord’s default under this Lease exceptedother casualty of the kind insured against in standard policies of fire insurance with extended coverage. Except as otherwise set forth in this Leasehereinabove provided, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has have no obligation and has made no promise to repair, maintain, alter, remodel, improve, repair, decorate replace or paint modify the Demised Premises or the Shopping Center or any part thereof and thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Under no representations respecting the condition of the Premises circumstances shall Landlord be obligated to repair, replace or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for maintain any repairs to the Premises glass or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderdoors.

Appears in 1 contract

Sources: Lease Agreement (Room Plus Inc)

Repairs. (a) Landlord shall maintain, maintain in a timely manner, first-class condition and operating order and keep in good repair and condition the public structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, including the fire foundation, floor/ceiling slabs, exterior walls, roof structure (as opposed to the roof membrane), curtain wall, exterior glass and life safety systemsmullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, underground utilities, Building mechanical, HVACelectrical and telephone closets, plumbing and electrical equipment servicing the Premises all common and the Building and the common public areas servicing the DevelopmentBuilding, in good order including the parking areas, landscaping and condition as reasonably determined by Landlord exterior Project signage (collectively, the “Building Structure”) and the cost shall be included Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Notwithstanding anything in Expenses, except for the repairs due to fire and other casualties (this Lease to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, howevercontrary, Tenant shall be responsible required to pay repair the cost of replacement of light bulbs and fluorescent tubes in Building Structure and/or the Premises. (b) Subject Building Systems to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged extent any damage thereto is caused by Landlord or resulting from Landlorddue to Tenant’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition use of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs other than a normal and customary implementation of its Permitted Use, unless and to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are extent such damage is covered by the insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, 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 condition at all times during the Lease Term. , but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter (unless more than five (5) days is required to effectuate such repair, in which case Tenant shall have the time reasonably required to complete the repair, so long as Tenant commences the repair during the five (5) day period and diligently completes such repair), but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not to exceed five percent (5%) of the cost of such work) 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 that, pursuant to the BS/BS Exception, Tenant may be responsible for certain repairs to the Base Building and/or Building Systems, Landlord shall nevertheless make such repairs at Tenant’s expense; provided, however, to the extent the same are covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Sources: Office Lease (Volcano Corp)

Repairs. (a) 9.1 Tenant shall keep and maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, will take good care thereof and make all required repairs thereto, will suffer no waste or injury thereto, and will, at the expiration or other termination of the Lease Term, surrender the Premises in the same order and condition in which they were on the Lease Commencement Date, ordinary wear and tear and unavoidable damage by the elements excepted, and excepting any additions, alterations, or improvements which were approved by Landlord or which did not require Landlord's consent pursuant to Section 10.2. Landlord, at its cost, shall maintainprovide and install building standard fluorescent light fixtures within the Premises to the extent provided in Exhibit B and all replacement tubes for such lighting; all other bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant's cost and expense. 9.2 Except as otherwise provided in a timely mannerArticle XIII hereof, all injury, breakage and damage to the public portions Premises and to any other part of the Building in accordance with or the standards Project caused by any act or omission of Class A office buildings in the central business district Tenant, or of any of the City following (collectively, `Invitees or Guests"): any agent, employee, subtenant, assignee, contractor, client, guest, family member, licensee, customer or invitee of DetroitTenant, including but not limited shall be repaired by and at the sole expense of Tenant, except that Landlord shall have the right, at its option, to make such repairs and to charge Tenant for all costs and expenses incurred in connection therewith as additional rent due hereunder. The liability of Tenant for such costs and expenses shall be reduced by the amount of any lobbiesinsurance proceeds actually received by Landlord on account of such injury, stairsbreakage or damage. 9.3 Landlord shall, elevatorsat its expense, corridors make all repairs and restroomsreplacements, together with structural, and otherwise, necessary or desirable in order to keep in good order and repair the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing Project, the Developmentneed for which Landlord may have knowledge (including the public halls and stairways, plumbing, wiring, and other Building equipment for the general supply of water, heat, air-conditioning, gas, and electricity) except repairs hereinabove provided to be made by Tenant. Tenant agrees to notify Landlord of the necessity for repairs of which Tenant may have knowledge, for which Landlord may be responsible under the provisions of the preceding sentence. Notwithstanding the provisions hereof, in good order and condition as reasonably determined the event that repairs required to be made by Landlord become immediately necessary to avoid possible injury or damage to persons or property, and provided Tenant makes reasonable attempts to first contact Landlord, then Tenant may, but shall not be obligated to, make such repairs at Landlord's expense. Landlord hereby acknowledges that the cost shall be included in Expenses, except costs so incurred by Tenant are due and payable to Tenant within ten (10) days of Tenant's delivery of a ▇▇▇▇ for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premisessaid repairs. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.

Appears in 1 contract

Sources: Master Office Lease Agreement (Opinion Research Corp)

Repairs. A. Tenant shall keep the demised premises clean and in good order and repair. Tenant shall take good care of the premises and the fixtures and appurtenances therein, and shall make all repairs necessary to keep them in good working order and condition, including structural repairs and replacements of glass windows when those are necessitated by the act, omission or negligence of Tenant or its agents, employees or invitees (a) subject, however, to Article 42E hereof). The exterior walls of the building, the windows and the portions of all window s▇▇▇▇ outside same and areas above the ceiling slab are not part of the premises demised by this lease, and Landlord hereby reserves all rights to such parts of the building. Tenant shall not create any nuisance within the building. B. Landlord shall maintainoperate, in a timely manner, maintain and make all necessary repairs (both structural and nonstructural) to the building systems servicing the demised premises and to the public portions of the Building building, both exterior and interior, in conformance with standards applicable to first-class office buildings in mid-town Manhattan (except such repairs which are necessitated by the acts, omissions or negligence of Tenant, its agents, employees or contractors (subject, however, to Article 42E hereof), which shall be made by Landlord at Tenant’s expense). C. Notwithstanding anything contained in this lease to the contrary, if Landlord fails to comply with its maintenance or repair obligations under this lease for a period of fifteen (15) days after notice of the condition, and such failure materially and adversely affects Tenant’s use and occupancy of the demised premises for the conduct of its normal business operations, then Tenant, after an additional five (5) days’ prior written notice to Landlord, may perform such maintenance or repair, as the case may be, for the account of Landlord, except if such performance (i) affects any building systems which do not exclusively service the demised premises or affects any area outside of the demised premises which is occupied by another tenant or occupant pursuant to an agreement with Landlord, or (ii) affects any structural portion of the Building. Any such maintenance or repair work by Tenant shall be performed in accordance with the standards of Class A office buildings in the central business district of the City of Detroitall applicable laws, including but not limited to any lobbies, stairs, elevators, corridors rules and restrooms, together with the windows regulations and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, Tenant shall be responsible to pay the cost of replacement of light bulbs and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other all applicable provisions of this Leaselease, including, without limitation, Article 8. Tenant agrees that such second 5-day day notice shall keep the Premises contain a statement (in bold face type and every part thereof in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Landlordcapital letters) of Tenant’s default intention to exercise its “self-help” rights under this Lease excepted. Except Article in the event Landlord does not timely comply with its maintenance or repair obligations hereunder, as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord case may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulationsbe. Tenant shall will provide Landlord with unconditional lien waivers proof of Tenant’s maintenance or repair costs and Landlord will reimburse same within thirty (30) days after receipt of same, with interest at the Applicable Rate from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition date of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs Tenant’s expenditures to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted date recovered in the Building or the Development full by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.

Appears in 1 contract

Sources: Lease Agreement (Coty Inc /)

Repairs. (a) Landlord Landlord, during the Term of this Lease and any extension thereof, shall maintain, in a timely manner, the public make all repairs and replacements to all structural portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of DetroitPremises, including including, but not limited to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Buildingto, the fire exterior walls (including doors), roof and life safety systemsfoundations, mechanicalpipes and conduits, HVACand utility installations, plumbing adjoining sidewalks, driveways, service areas and electrical equipment servicing curbs (irrespective of any duty on the part of any governmental agency to make or order such repairs and replacements), and all repairs and replacements necessary to put and maintain the exterior of the Premises and the Building parking area (including, but not limited to, filling holes and the common areas servicing the Developmentresealing as necessary, but subject to normal wear and tear), including all improvements now or hereafter thereon, and all appurtenances thereto (including sewer and sewer connections, water and gas pipes and connections, electrical wires and connections) in a safe and tenantable condition and in good order and condition repair as reasonably determined by Landlord and expected for a comparable single story office flex building in the cost shall be included in ExpensesNorthern Suburbs of Chicago, Illinois, except for those repairs made necessary by the repairs due to fire and other casualties (negligent acts of the Tenant or its employees to the extent the cost of such those repairs are not covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in fullLandlord’s insurance. Landlord shall make all repairs to the interior of the Premises which may be responsible of a structural nature or which are caused by structural failures or movement, repairs to supply and pay for the replacement interior of lighting ballasts and light bulbsthe Premises made necessary by leakage of the roof, and fluorescent tubes in the Buildingor by leakage of any utility installation; provided, however, that Landlord shall not be obligated to make repairs for any structural damage caused by Tenant, its employees, invitees or agents. Lawns, landscaping and shrubbery care and snow removal shall be the responsibility of Landlord and shall be a common area maintenance cost of which Tenant shall be responsible pay its proportionate share. Tenant, during the Term of this Lease and any extension thereof, agrees to pay keep in good order and repair all interior portions of the cost of replacement of light bulbs and fluorescent tubes in Premises (including overhead doors, docks contained within the Premises. (b) Subject to the provisions of Section 7(a) hereof Premises and the other provisions electric operators thereof,), except such repairs as under this Lease Landlord is required to make and except repairs which are made necessary because of faulty construction and except repairs which are the obligation of Landlord under Paragraph 16 of this Lease. Tenant shall also provide ordinary maintenance for the plumbing and light fixtures (within the Premises) and shall replace any interior glass (not part of the outside walls) which may be damaged or broken with glass of the same quality. Tenant, at Tenant’s cost, will be responsible for trash removal, janitorial and security for the Premises. In addition, Tenant shall keep (at Tenant’s cost and expense) maintain and insure the Premises and every part thereof items listed in good condition and repair, reasonable wear and tear and damaged caused by Landlord or resulting from Exhibit D as the Landlord’s default under this Lease excepted. Except as otherwise set forth in Equipment Inventory that are being utilized by Tenant during the Term of this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.

Appears in 1 contract

Sources: Lease (Nanosphere Inc)

Repairs. (a) In the event of a fire or other casualty in the Leased Premises or the Complex, Tenant shall immediately give notice hereof to Landlord, and, subject to the other terms and conditions hereof, Landlord shall maintain, in a timely manner, the public portions of the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroit, including but not limited use its commercially reasonable efforts to any lobbies, stairs, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building, the fire and life safety systems, mechanical, HVAC, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Development, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for cause the repairs to be made with due to fire diligence and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenantreasonable dispatch, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building; provided, however, that Landlord shall not be required to repair or replace furnishings, furniture, or other personal property which Tenant shall may be responsible entitled to pay remove from the cost of replacement of light bulbs Leased Premises or any property improvement constructed and fluorescent tubes in the Premises. (b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall keep the Premises and every part thereof in good condition and repair, reasonable wear and tear and damaged caused installed by Landlord or resulting from Landlord’s default under this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection excess of "building standard" as shown on EXHIBIT B attached hereto. If the Leased Premises, or any portion thereof, shall be partially destroyed by fire or other casualty so as to render the Leased Premises, or any portion thereof, untenantable, the rental herein shall proportionately abate from the date of such casualty until such time as the Leased P▇▇▇▇▇es, or such damaged portion thereof, are made tenantable. Within ninety (90) days following the date of such casualty, Landlord shall give Tenant written notice of the reasonable estimate from a responsible contractor selected by Landlord of the time estimated to restore the Leased Premises (measured from the day which is 90 days following the date of the casualty) to "building standard" condition and whether Landlord elects to do so. In the event Landlord's contractor's estimate of the time to restore the Leased Premises (measured from the day which is 90 days following the date of the casualty) to "building standard" condition exceeds 180 days, Tenant shall have the right and option to terminate this Lease upon notice to Landlord within 15 days following Tenant's receipt of Landlord's contractor's estimate. If neither Landlord nor Tenant terminates this Lease, this Lease shall continue in full force and effect and such repairs will be made within a reasonable time thereafter, not to exceed one hundred and eighty (180) days (measured from the day which is 90 days following the date of such casualty), subject to delays arising from shortages of labor or material, strikes, acts of God, war or other conditions beyond Landlord's reasonable control, provided, however, that Landlord shall use its commercially reasonable efforts to not interfere with Tenant's use and occupancy of the portion of the Leased Premises not destroyed or damaged. No damages, compensation, or claims shall be payable by Landlord for any inconvenience, loss of business, or annoyance arising from such repairsrepair and reconstruction. Tenant and Landlord has no obligation agree that the term of this Lease shall be extended by a period of time equal to the period of such repair and has made no promise reconstruction. The obligations of Landlord with regard to alter, remodel, improve, re-construction are conditioned upon the consent of Landlord's Mortgagee to the use of proceeds of insurance for such purposes. So long as the same do not interfere with Landlord's repair, decorate reconstruction and restoration activities, Tenant shall not be obligated to remove its equipment, furniture or paint furnishings from the Leased Premises or any part thereof during such reconstruction and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderrestoration activities.

Appears in 1 contract

Sources: Lease Agreement (Bindview Development Corp)

Repairs. (a) Tenant accepts the Premises in an "as-is" condition, as of the date of this Lease. Landlord shall maintainshall, at Landlord's sole cost and expense, maintain in a timely mannergood condition, order, and repair, the public portions of Building including common areas, doors and glass surfaces, the Building in accordance with the standards of Class A office buildings in the central business district of the City of Detroitfoundation, including but not limited to any lobbiesroof, stairsloading-bearing walls, elevators, corridors and restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Buildingfencing, the fire and life safety systemsplumbing system, mechanicalheating, HVACair-conditioning, plumbing and electrical equipment servicing the Premises and the Building and the common areas servicing the Developmentventilating, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenseselectrical, except for the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the acts or omissions of Tenant, which Tenant shall pay to Landlord in full. Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbslighting, and fluorescent tubes sprinkling equipment, and in the BuildingPremises: electrical devices and lighting fixtures, systems and facilities located in or serving the Premises; provided, however, Tenant shall be responsible to pay reimburse Landlord upon demand for all maintenance or repairs necessitated by the cost negligent, intentional, or wrongful act of replacement of light bulbs and fluorescent tubes in the PremisesTenant, its agents, employees, or invitees. (b) Subject If directed by proper authority, Landlord shall provide alterations, repairs or improvements to the provisions Building necessitated by the American with Disabilities Act of Section 7(a1990 (ADA) hereof and any regulations thereunder, including any similar zoning requirements, ordinances, statues, regulations or building codes, whether now in effect of hereafter enacted. (c) Tenant, at Tenant's sole cost and expense, shall maintain in good, clean and sanitary condition, order, and repair, free from accumulations of trash or rubbish throughout the other provisions Term of this Lease, the Premises including, but not limited to, all doors, walls, ceilings, floors, carpeting, windows, glass surfaces, and draperies. If any maintenance required by this Paragraph, Landlord may perform same on Tenant's behalf, and Tenant shall keep reimburse Landlord, upon demand, for all costs and expenses incurred together with interest thereon at the Premises and every part thereof in good condition and repair, reasonable highest rate permitted by law until paid. Reasonable wear and tear and damaged caused by Landlord or resulting are excepted from Landlord’s default under the provisions of this Lease excepted. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit “E” hereto and all laws, ordinances and regulations. Tenant shall provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. Tenant will pay for any repairs to the Premises or the Building or the Development made necessary by any negligence or carelessness of Tenant or its employees or persons permitted in the Building or the Development by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunderParagraph.

Appears in 1 contract

Sources: Office Lease Agreement (Pages Inc /Oh/)