Common use of Tenant Repairs and Maintenance Clause in Contracts

Tenant Repairs and Maintenance. Tenant shall, at Tenant’s sole cost and expense, keep, maintain and, to the extent reasonably required, replace the entire Premises, including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, and other utility and mechanical systems in good repair and in a clean and safe condition; provided that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition (repairs, replacements, coil cleaning, etc.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 3 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

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Tenant Repairs and Maintenance. Tenant shallshall make and pay for all repairs to the Leased Premises and shall maintain, replace, and keep in good repair all equipment and systems which exclusively serve the Leased Premises from and after including, but not limited to, all fixtures, furnishings, lighting, and signs of Tenant, and all plumbing wiring, pipes, conduits, and other utility facilities exclusively serving the Leased Premises from and after their points of connection with the meter for such utilities, and shall replace all things which are necessary to keep the same in good states of repair and operating order. Tenant shall also maintain, replace, and keep in good repair and operating order all HVAC, plumbing, fire alarm and safety systems, electrical installations, ceilings, inside walls, carpeting, and floor surfaces within or primarily serving the Leased Premises. Tenant shall at all times keep the Leased Premises and all exterior entrances, glass, moldings, partitions, doors, floor (but not the slab or subfloor which are Landlord’s responsibility), surfaces, fixtures, equipment, and appurtenances thereof in good order, condition, and repair, and in a reasonably satisfactory condition of cleanliness, and Tenant shall make such other necessary repairs in and to the Leased Premises as required herein not specified in Section 7.01(a) as being the responsibility of Landlord. During the Term of this Lease, Tenant shall engage a reputable service contractor reasonably satisfactory to Landlord to perform periodic maintenance and repairs on the HVAC equipment (and in no event less often than two (2) times per year unless required to be done more frequently by the applicable manufacturer’s warranty requirements or maintenance recommendations, in which case, Tenant shall comply with such recommendations or requirements). Tenant shall provide Landlord with an executed copy of the service contract with terms and content reasonably acceptable to Landlord within thirty (30) days of a written request for the same by Landlord. If Tenant has failed to maintain and repair the HVAC equipment as required by this Section 7.01(b), Landlord shall provide notice of the same containing a detailed description of such failure(s). If Tenant shall not cure such failures set forth in Landlord’s notice within thirty (30) days, or if unable to be cured in said thirty (30) day period, such longer period as may be reasonable under the circumstances of Landlord’s notice, Landlord may, at Tenant’s sole cost and expense, keep, maintain and, to perform the extent reasonably required, replace the entire Premises, including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, and other utility and mechanical systems in good repair and in a clean and safe condition; provided that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for required to satisfy Tenant’s obligations concerning the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”)same. The cost of such Periodic Inspections may be paid this work performed by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition (repairs, replacements, coil cleaning, etc.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10Rent. Tenant shall at its expense replace all broken or damaged glass or substitutes therefor, as the case may be. The provisions of this Section 7.01(b) days after receipt of billingshall not limit Landlord’s obligation to restore or repair under Articles X and XII.

Appears in 3 contracts

Samples: Letter Agreement, Letter Agreement, Letter Agreement

Tenant Repairs and Maintenance. Tenant shallExcepting only those repairs which are the obligation of the Landlord pursuant to Section 13.2 of this Lease, Tenant, at Tenant’s its sole cost and expense, keep, maintain and, to shall keep the extent reasonably required, replace the entire Premises, including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, and other utility and mechanical systems Premises in good repair condition and in a clean and safe condition; provided that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leasedrepair, reasonable wear and tear and damage by fire or other casualty or condemnation only excepted. Notwithstanding the precedingIn connection with such obligations, Landlord may elect to Tenant shall maintain, in full force and effect, a preventative maintenance and service contract with an HVAC a reputable service provider for periodic filter changes and inspections maintenance of the HVAC equipment located in systems exclusively serving the Premises (“Periodic Inspections”the "HVAC Maintenance Contract"). The cost terms and provisions of any such Periodic Inspections may HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC system. Tenant shall also be paid responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations by Landlord Tenant, the installation, use or operation of Tenant's Property in the Premises, (b) the moving of Tenant's Property in or out of the Property, and promptly reimbursed (c) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. HVAC related costs necessary to maintain the HVAC system in top operating condition (Except for emergency repairs, replacements, coil cleaning, etc.) all such repairs or replacements shall be subject to the responsibility supervision and control of Tenant. All costs due by Tenant to Landlord in this article Landlord, and all repairs and replacements shall be considered Additional Rent due within ten (10) days after receipt made with materials of billingequal or better quality than the items being repaired or replaced.

Appears in 2 contracts

Samples: Griffin Capital Essential Asset REIT II, Inc., Griffin Capital Essential Asset REIT II, Inc.

Tenant Repairs and Maintenance. Tenant shall, at Tenant’s sole cost and its expense, keepthroughout the Term, maintain andand preserve, to in first-class condition, the extent reasonably required, replace the entire Premises, including but not by way of the fixtures and appurtenances therein, including, without limitation, all interior any demising walls, doors, ceilingglass and docks. Subject to the requirements of Section 13.2, fixturesTenant shall also be responsible for all structural and non-structural repairs and replacements, furnishingsinterior and exterior, drapesordinary and extraordinary, specialty lampsin and to the Premises and the Building and the facilities and systems thereof, light bulbs used if and to the extent that the need for lightingsuch repairs or replacements, starters and ballasts for lightingarises directly or indirectly from (a) the performance or existence of any Alterations, subfloors(b) the installation, carpets and floor coveringsuse or operation of Tenant's Property in the Premises, elevators and heating(c) the moving of Tenant's Property in or out of the Premises and/or the Building, ventilationor (d) any act, air conditioningomission, and other utility and mechanical systems in good repair and in a clean and safe condition; provided that Landlord shall have the right to perform such work on behalf misuse, or neglect of Tenant in which event Tenant shall reimburse Landlord for or any of its subtenants or its or their respective employees, agents, contractors, invitees, or others entering into the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an Premises by act or omission of Tenant or any subtenant. Tenant, at its agentsexpense, employees shall promptly replace or contractorsrepair all scratched, Tenant shall reimburse Landlord for the entire cost of any such repair damaged, or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender broken doors and glass in and about the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located floor coverings in the Premises (“Periodic Inspections”). The cost and repair and maintain all sanitary and electrical fixtures therein; provided, however, that all replacement materials and methods of such Periodic Inspections may replacement shall be paid approved in writing by Landlord prior to installation. Tenant shall promptly make, at Tenant's expense, all repairs in or to the Premises other than those for which Landlord has agreed to be responsible pursuant to Paragraph 13.2, and promptly reimbursed any repairs or replacements required to be made by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition (repairsmechanical, replacementselectrical, coil cleaningsanitary, etc.) heating, ventilating, air conditioning, or other systems of the Building or Premises shall be the responsibility of Tenantperformed by contractors approved by Landlord, which approval shall not be unreasonably withheld. All costs due by Tenant to Landlord in this article such repairs or replacements shall be considered Additional Rent due within ten (10) days after receipt subject to the supervision and control of billingLandlord or Agent, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 2 contracts

Samples: Sublease Agreement (United Industries Corp), Disturbance and Attornment Agreement (United Industries Corp)

Tenant Repairs and Maintenance. Tenant shall, at Tenant’s its sole cost and expense, keepmaintain, maintain and, to repair and replace all other parts of the extent reasonably required, replace the entire Premises, including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, and other utility and mechanical systems Leased Premises in good repair and in a clean condition (reasonable wear and safe condition; provided that Landlord shall have tear excepted), including, but not limited to windows, window glass, plate glass, doors, store fronts, floor covering, interior walls, partitions and finish work, interior side of structural walls, water closets, kitchens, interior plumbing, electrical systems, heating, ventilating and air-conditioning systems, down spouts, fire sprinkler system, dock bumpers, levelers, lights, truck and rail doors, pest control and extermination and trash pick-up and removal, lawn and landscaping, the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for landscaping irrigation system and the cost thereof promptly upon demand thereforcommon areas (i.e. parking lot and sidewalks). Tenant shall have the right to make routine repairs that are reasonably necessary repair and pay for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an damage caused by any act or omission of Tenant or its agentsTenant Party. Repairs and replacements shall be done in a good and workmanlike manner and in accordance with all Legal Requirements. If Tenant fails to maintain, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition replace as when leased, reasonable wear and tear excepted. Notwithstanding the precedingrequired herein, Landlord may elect to contract with an HVAC service provider for periodic filter changes may, at its option, perform on Tenant’s behalf and inspections of charge the HVAC equipment located in the Premises (“Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord performance to Tenant as Additional Rent which is due and promptly reimbursed payable by Tenant to within thirty (30) days from receipt of Landlord’s invoice with accompanying description of services. HVAC related costs necessary to maintain Costs under this section are the HVAC system in top operating condition (repairs, replacements, coil cleaning, etc.) shall be the total responsibility of Tenant. All costs due by Notwithstanding the foregoing, provided Tenant complies with Section 5.06 below, Landlord shall reimburse Tenant for (i) 100% of the cost of any repairs to or replacement of the HVAC, plumbing or electrical systems through March 31, 2012. Tenant shall notify Landlord in this article shall be considered Additional Rent due within writing of the need for such repairs or replacement no less than ten (10) days after prior to such repairs or replacements being made to allow Landlord to confirm that such repairs or replacements are necessary. Reimbursement required hereunder shall be made within fifteen (15) days of receipt of billingthe vendor invoice detailing the costs of repair or replacement incurred by Tenant. Landlord agrees that Tenant may receive the benefit of all guaranties and warranties owned by Landlord on items for which Tenant is responsible for repair and maintenance, provided Tenant complies with all conditions established in any such guaranty or warranty.

Appears in 2 contracts

Samples: Lease Agreement (Oxford Immunotec Global PLC), Lease Agreement (Oxford Immunotec Global PLC)

Tenant Repairs and Maintenance. Tenant shallExcept with respect to Landlord’s obligations set forth in Section 14.2 below, Tenant, at Tenant’s its sole cost and expense, keepthroughout the Term of this Lease, maintain andshall take good care of the Premises, and shall keep the same in good, first class order, condition and repair, and shall make and perform all routine maintenance thereof, including janitorial maintenance, and all necessary repairs, ordinary and extraordinary, foreseen and unforseen, of every nature, kind and description. As used herein, “repairs” shall include all necessary replacements, restorations, renewals, alterations, additions and betterments to the extent Premises. All repairs made by Tenant shall be at least the quality and cost of the original work and shall be made by Tenant in accordance with all laws, ordinances and regulations whether heretofore and hereafter enacted. The necessity for or adequacy of maintenance and repairs shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs necessary to avoid any damage or injury to the improvements. Throughout the Term of this Lease, Tenant will maintain (a) a maintenance contract for servicing of the HVAC system with a servicer reasonably required, replace the entire Premises, including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioningacceptable to Landlord, and other utility (b) maintenance logs on site and mechanical systems will cause the personnel engaged in good repair the maintenance of the Premises to make timely and detailed entries in a clean those logs so that the logs at all times accurately reflect the maintenance activity performed with respect to the Premises and safe condition; provided that its Building systems. Landlord’s representatives may inspect and copy those logs at any reasonable time after reasonable notice has been given to Tenant. Landlord shall will have the right to perform such work on behalf cause the maintenance of the Premises to be reviewed and the Premises inspected annually (or more frequently if Landlord determines that it is prudent to do so) by a qualified engineer or property manager consultant of Landlord’s choosing, to determine whether Tenant is maintaining the Premises in which event accordance with this Section 14.1 and, if it is determined that Tenant shall has not maintained the Premises as herein required, Tenant will reimburse Landlord for the cost thereof promptly upon demand thereforof repairing the Premises and for the fees and expenses of such engineer or consultant within thirty (30) days after Landlord’s demand. Tenant shall have will cooperate with the right engineer or consultant in its performance of such review and inspection. Except with respect to make routine repairs that are reasonably necessary the maintenance contract for the day-to-day operation servicing of the project without requiring prior approval from Landlord. In additionHVAC system, if any Tenant may fulfill it maintenance and repair or maintenance is necessary or prudent as a result obligations under this Section 14.1 at its option either through the use of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for through the entire cost use of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear exceptedAgents . Notwithstanding the precedingabove, Landlord may elect enter into a master service agreement for HVAC maintenance with respect to contract with an HVAC service provider for periodic filter changes the Property and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost Tenant shall pay its Proportionate Share of such Periodic Inspections may be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain cost in accordance with the HVAC system in top operating condition (repairs, replacements, coil cleaning, etcprovisions of Article IV.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Lease (Drugstore Com Inc)

Tenant Repairs and Maintenance. Except as otherwise set forth in Sections 8.01 and 8.02 above, Tenant shall, at Tenant’s 's sole cost and expense, keep, maintain and, to the extent reasonably required, replace the entire Premises, including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lightingbulbs, starters and ballasts for lightingballasts, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, air-conditioning and other utility and mechanical systems within the Premises to the extent serving the Premises exclusively, in good repair and in a clean and safe condition; provided that that, upon five (5) days written notice to Tenant, Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent under Sections 8.01 or 8.02 as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the precedingtear, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located permanent improvements existing in the Premises (“Periodic Inspections”). The cost as of such Periodic Inspections may be paid the Commencement Date or thereafter approved by Landlord and promptly reimbursed (except to the extent Landlord gives notice to Tenant at the time of approval of any such future improvements (including without limitation the improvements constructed by Tenant pursuant to Landlord. HVAC related costs necessary Section 3.02 above) that Tenant will be required to maintain remove and restore the HVAC system in top operating condition (repairssame upon expiration or termination of this Lease), replacements, coil cleaning, etc.) shall and damage by fire or other casualty not required to be the responsibility of Tenant. All costs due repaired by Tenant pursuant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billingLease excepted.

Appears in 1 contract

Samples: Schnitzer North Creek (Lumera Corp)

Tenant Repairs and Maintenance. Landlord shall put in proper running condition all HVAC equipment and make any repairs during the first 90 days of the Lease, beginning September 1, 1999. Tenant shall, at Tenant’s 's sole cost and expense, keep, maintain andmaintain, to replace, and repair the extent reasonably required, replace the entire Premises, Demised Premises including but not by way of without limitation, all interior wallsfloors, subfloors, floor coverings, windows, ceilings, roofs (interior), walls (interior), fixtures, doors, ceilingelectrical and lighting equipment, fixturesplumbing, furnishingsbeating, drapesair-conditioning (Tenant shall procure and maintain, specialty lampsat Tenant's expense, light bulbs used an air-conditioning maintenance contract, a copy of which shall be delivered to Landlord, which shall call for lightinga minimum of two service inspections per year, starters in the Spring and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioningFall, and changing all filters four times per year), ventilating systems, driveways, walkways, parking lots, loading areas, fences, signs, lawns and landscaping (including, but not limited to watering, and also fertilizing lawns and trees at a minimum of four times per year, maintaining and replacing when necessary any shrubbery or other utility and mechanical systems landscaping provided by Landlord) in all respects in good repair repair. Tenant shall, at Tenant's own expense, immediately replace all glass in the Demised Premises that may be broken during the Term with glass at least equal to the specification and in a clean and safe condition; provided that quality of the glass so replaced. Notwithstanding the foregoing, Landlord shall have the right option at any time without cause to perform such work on behalf assume any or all of the foregoing maintenance and repair responsibilities and to require Tenant in which event Tenant shall to reimburse Landlord Landlord, as Additional Rent, for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of all such services, together with an accounting and management services fee of ten percent (10%) of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition (repairs, replacements, coil cleaning, etcservices.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Asset Acceptance Capital Corp

Tenant Repairs and Maintenance. Tenant shallExcept with respect to Landlord’s obligations set forth in Section 14.2 below, Tenant, at Tenant’s its sole cost and expense, keepthroughout the Term of this Lease, maintain andshall take good care of the Premises, and shall keep the same in good, first class order, condition and repair, and shall make and perform all routine maintenance thereof, including janitorial maintenance, and all necessary repairs, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description. As used herein, “repairs” shall include all necessary replacements, restorations, renewals, alterations, additions and betterments to the extent Premises. All repairs made by Tenant shall be at least the quality and cost of the original work and shall be made by Tenant in accordance with all laws, ordinances and regulations whether heretofore and hereafter enacted. The necessity for or adequacy of maintenance and repairs shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs necessary to avoid any damage or injury to the improvements. Throughout the Term of this Lease, Tenant will maintain (a) a maintenance contract for servicing of the HVAC system with a servicer reasonably required, replace the entire Premises, including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioningacceptable to Landlord, and other utility (b) maintenance logs on site and mechanical systems will cause the personnel engaged in good repair the maintenance of the Premises to make timely and detailed entries in a clean those logs so that the logs at all times accurately reflect the maintenance activity performed with respect to the Premises and safe condition; provided that its Building systems. Landlord’s representatives may inspect and copy those logs at any reasonable time after reasonable notice has been given to Tenant. Landlord shall will have the right to perform such work on behalf cause the maintenance of the Premises to be reviewed and the Premises inspected annually (or more frequently if Landlord determines that it is prudent to do so) by a qualified engineer or property manager consultant of Landlord’s choosing, to determine whether Tenant is maintaining the Premises in which event accordance with this Section 14.1 and, if it is determined that Tenant shall has not maintained the Premises as herein required, Tenant will reimburse Landlord for the cost thereof promptly upon demand thereforof repairing the Premises and for the fees and expenses of such engineer or consultant within thirty (30) days after Landlord’s demand. Tenant shall have will cooperate with the right engineer or consultant in its performance of such review and inspection. Except with respect to make routine repairs that are reasonably necessary the maintenance contract for the day-to-day operation servicing of the project without requiring prior approval from Landlord. In additionHVAC system, if any Tenant may fulfill its maintenance and repair or maintenance is necessary or prudent as a result obligations under this Section 14.1 at its option either through the use of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for through the entire cost use of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear exceptedAgents. Notwithstanding the precedingabove, Landlord may elect enter into a master service agreement for HVAC maintenance with respect to contract with an HVAC service provider for periodic filter changes the Property and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost Tenant shall pay its Proportionate Share of such Periodic Inspections may be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain cost in accordance with the HVAC system in top operating condition (repairs, replacements, coil cleaning, etcprovisions of Article IV.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Office Building Lease (Flexpoint Sensor Systems Inc)

Tenant Repairs and Maintenance. Tenant shallExcept with respect to Landlord's obligations set forth in Section 14.2 below, Tenant, at Tenant’s its sole cost and expense, keepthroughout the Term of this Lease, maintain and, to shall take good care of the extent reasonably required, replace the entire Premises, including but not by way of including, without limitation, all areas, improvements and systems exclusively serving the Premises, including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, entries, doors, ceilings, windows, interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioninginterior side of demising walls, and other utility HVAC systems, and mechanical systems shall keep the same in good repair good, working order as received, condition and repair, and shall make and perform all routine maintenance thereof, including janitorial maintenance, and all necessary repairs, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description. All repairs made by Tenant shall be at least the quality and cost of the original work and shall be made by Tenant in a clean accordance with all laws, ordinances and safe condition; regulations whether heretofore and hereafter enacted. The necessity for or adequacy of maintenance and repairs shall be measured by the standards which are appropriate for improvements of similar construction and class as the Premises, provided that Tenant shall in any event make all repairs necessary to avoid any damage or injury to the improvements. Throughout the Term of this Lease, Tenant will maintain (a) a maintenance contract for servicing of the HVAC system with a servicer reasonably acceptable to Landlord, and (b) maintenance logs on site and will cause the maintenance contractor engaged in the maintenance of the Premises (at the time maintenance contractor performs such maintenance) to make timely and detailed entries in those logs so that the logs at all times accurately reflect the maintenance activity performed with respect to the Premises and its Building systems. Landlord's representatives may inspect and copy those logs at any reasonable time after reasonable notice has been given to Tenant. Landlord shall will have the right to perform such work on behalf cause the maintenance of the Premises to be reviewed and the Premises inspected annually (or more frequently if Landlord determines that it is prudent to do so) by a qualified engineer or property manager consultant of Landlord's choosing, to determine whether Tenant is maintaining the Premises in which event accordance with this Section 14.1 and, if it is determined that Tenant shall has not maintained the Premises as herein required, Tenant will reimburse Landlord for the cost thereof promptly upon demand thereforof repairing the Premises and for the fees and expenses of such engineer or consultant within thirty (30) days after Landlord's demand. Tenant shall have will cooperate with the right engineer or consultant in its performance of such review and inspection. Except with respect to make routine repairs that are reasonably necessary the maintenance contract for the day-to-day operation servicing of the project without requiring prior approval from Landlord. In additionHVAC system, if any Tenant may fulfill its maintenance and repair or maintenance is necessary or prudent as a result obligations under this Section 14.1 at its option either through the use of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for through the entire cost use of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear exceptedAgents. Notwithstanding the precedingabove, Landlord may elect enter into a master service agreement for HVAC maintenance with respect to contract with an HVAC service provider for periodic filter changes the Project and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost Tenant shall pay its Proportionate Share of such Periodic Inspections may be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain cost in accordance with the HVAC system in top operating condition (repairs, replacements, coil cleaning, etcprovisions of Article IV.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Pfsweb Inc

Tenant Repairs and Maintenance. Except as specifically provided in Section 13.3 hereof and in Paragraph F of Exhibit F attached hereto, Tenant shall, at Tenant’s sole cost and its expense, keep, maintain and, to the extent reasonably required, replace the entire Premises, including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, and other utility and mechanical systems in good repair and in a clean and safe condition; provided that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of throughout the Term, Tenant shall surrender the Premises to Landlord maintain and preserve, in the same condition as when leasedexisting condition, on the commencement date, the Premises, the fixtures and appurtenances therein, reasonable wear and tear excepted. Notwithstanding Tenant shall also be responsible for all structural and non-structural repairs and replacements, interior and exterior, ordinary and extraordinary, in and to the precedingPremises and the facilities and systems thereof (including, Landlord may elect but not limited to, the roof, the Premises' parking lot, and the electrical, mechanical, HVAC, and plumbing systems), subject to Landlord's repair and reimbursement obligations under Section 13.3 hereof and under said Paragraph F. Tenant shall have no obligation to enter into a preventative maintenance and service contract with an HVAC service provider for periodic filter changes and inspections maintenance of the HVAC equipment located systems of the Premises, provided Tenant sends a letter to Landlord at least once every six (6) months during the Term stating that the HVAC systems have been serviced. Without limiting the generality of the foregoing, Tenant, at its expense, shall promptly replace or repair all, damaged, or broken doors and glass in and about the Premises and floor coverings in the Premises (“Periodic Inspections”). The cost and repair and maintain all sanitary and electrical fixtures therein; provided, however, that all replacement materials and methods of such Periodic Inspections may replacement shall be paid approved in writing by Landlord and promptly reimbursed prior to installation. Any repairs or replacements required to be made by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system mechanical, electrical, sanitary, HVAC, or other systems of the Premises that shall cost in top operating condition (repairs, replacements, coil cleaning, etc.) excess of $10,000 shall be the responsibility of Tenantperformed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All costs due by Tenant to Landlord in this article such repairs or replacements shall be considered Additional Rent due within ten (10) days after receipt subject to the supervision and control of billingLandlord or Agent, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 1 contract

Samples: Sparta Foods Inc

Tenant Repairs and Maintenance. Tenant shall, at Tenant’s sole cost and its expense, keepthroughout the Term, maintain andand preserve, in good working condition, the Premises and the fixtures and appurtenances therein, subject to ordinary wear and tear and fire and casualty. Except as otherwise specifically provided in Exhibit "C" and Section 13.3 hereof, Tenant shall also be responsible for all repairs and maintenance and all non-structural replacements, interior and exterior, ordinary and extraordinary, in and to the Premises and the facilities and systems thereof (including the electrical, mechanical, HVAC, and plumbing systems, roof and the exterior sidewalks, parking lots, driveways, dock areas and landscaped areas). Tenant shall enter into preventative maintenance and service contracts with reputable service providers for maintenance of the HVAC systems serving the Premises. Any repairs or replacements required to be made by Tenant to the mechanical, electrical, sanitary, HVAC, or other systems of the Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld; provided that such preventative maintenance and repairs may be done by Tenant's employees to the extent reasonably required, replace the entire Premises, including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioningduly licensed, and other utility and mechanical systems Landlord's approval shall not be required in good repair and in a clean and safe condition; provided that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand thereforinstances. Tenant shall have maintain, during the right period of the General Contractor's warranty, reasonably detailed maintenance logs describing repairs and maintenance programs and activities undertaken by Tenant pursuant to its obligations under this Section 13.1, which maintenance log will be made available to Landlord and the General Contractor upon reasonable prior notice. Tenant shall promptly forward to Landlord and General Contractor (x) copies of any maintenance and service contracts entered into for the HVAC systems to the extent that Tenant elects to enter into such service and maintenance contracts rather than to cause such repairs and maintenance to be performed by its duly licensed employees and (y) copies of any and all service records with respect to such systems (or to the extent that Tenant elects to cause such repairs and maintenance to be performed by its duly licensed employees, to make routine available upon demand by Landlord copies of Tenant's maintenance logs with respect to the HVAC systems, which maintenance logs shall be maintained with reasonable specificity and detail). All such repairs that are reasonably necessary for or replacements shall be subject to the day-to-day operation supervision and control of Landlord or Agent, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced. Without limiting the generality of the project without requiring prior approval from Landlord. In additionforegoing, if any Tenant, at its expense, shall promptly replace or repair all scratched, damaged, or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition (repairs, replacements, coil cleaning, etc.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.broken

Appears in 1 contract

Samples: Golden Books Family Entertainment Inc

Tenant Repairs and Maintenance. Tenant shall, at Tenant’s sole cost and own expense, keepmaintain the interior of the Premises in a clean, sanitary and safe condition and keep and maintain and, to the extent reasonably required, replace integrity and quality of the entire non-structural portions of the Premises, including but not by way of including, without limitation, all interior non-structural walls, doorsceilings, ceilinglights, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coveringscoverings thereof (excluding, elevators however, the exterior portions of the Building and heating, ventilation, air conditioning, and other utility and mechanical systems the structural portions of the Building to be maintained by Landlord pursuant to Section 7.02 below) in good repair and in a clean and safe condition; provided that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, (reasonable wear and tear excepted). Tenant shall be responsible for the cost of any repairs due to damage caused by Tenant’s negligence or willful misconduct. Notwithstanding the precedingforegoing, Landlord may elect Landlord, and not Tenant, shall be responsible for the performance of repair and maintenance of those items described in Section 7.02 below. Tenant waives the right to contract with an HVAC service provider for periodic filter changes make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and inspections any successive sections or statutes of a similar nature), provided, however, the HVAC equipment located in the Premises (“Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord and promptly reimbursed by foregoing shall not prohibit Tenant from making repairs to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition the Building if Landlord fails to make such repairs within seven (repairs, replacements, coil cleaning, etc.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (107) days after receipt written notice from Tenant (or, if more than seven (7) days is reasonably required to complete such repairs, Landlord has commenced such service during the seven (7) day period and is diligently pursuing same to completion. Tenant waives all rights to recover any losses or damages (including interference with or injury to Tenant’s business) resulting from Landlord’s performing or failure to perform any such repairs or maintenance, except to the extent of billingLandlord’s gross negligence or willful misconduct; it being expressly understood and agreed that Tenant shall be solely responsible for and look solely to its insurance for any such damage and losses, except: (a) if caused by Landlord’s gross negligence or willful misconduct; (b) if such damage or loss is covered by the policies of insurance Landlord is required to maintain under this Lease, or would have been covered by the policies of insurance Landlord is required to maintain under this Lease if Landlord had maintained such policies of insurance; or (c) such damage, liability, injury or death would have been covered by the policies of insurance Landlord is required to maintain under this Lease except for the deductible amount of any of such policy being greater than Five Thousand Dollars ($5,000) and less than Fifty Thousand Dollars ($50,000).

Appears in 1 contract

Samples: Office Lease (Jni Corp)

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, maintain and preserve, in at least the condition of the Premises as delivered to Tenant (subject to normal and customary wear and tear and casualty), the interior of the Premises, and the fixtures and appurtenances therein. In addition, Tenant shall perform repairs to and replacements of the electrical, mechanical, HVAC, and plumbing systems at the Building. Landlord shall, at Tenant's sole but reasonable cost and expense, perform all other structural and non-structural repairs and replacements, interior and exterior, ordinary and extraordinary, in and to the Premises and the facilities and systems thereof (including, but not limited to, the roof, sidewalks, driveways, curbs, loading areas, landscaped areas and parking lot) in a good and workmanlike manner and in accordance with all Laws. Landlord shall maintain all structural portions of the Building (including, without limitation, the roof, walls, columns and other structural components, floor and foundation) in good and safe condition in accordance with all Laws and shall maintain all exterior portions of the Premises (including, without limitation, Building exterior, landscaping, exterior lighting, parking areas and driveways (including snow removal), loading areas and plumbing and utility lines and connections to the Building and to the boundary of the Land) in good condition (subject to normal and customary wear and tear) (any such repairs, maintenance, restoration and/or replacement activities that Landlord is required to perform hereunder are collectively referred to as "General Maintenance Services"). Landlord shall promptly respond to any request by Tenant relating to General Maintenance Services. Any maintenance of the mechanical, electrical, sanitary, HVAC, or other systems at the interior of the Premises shall be performed, at Tenant's expense, by appropriately licensed contractors. Tenant shall, at Tenant’s 's sole cost and expense, keep, maintain and, to in full force and effect a preventative maintenance and service contract with a reputable service provider for maintenance of the extent reasonably required, replace HVAC systems serving the entire Premises, including but not which contract shall provide for a minimum of four (4) inspections per year; Tenant shall deliver to Landlord a copy of said contract and all inspection reports promptly upon Tenant's receipt thereof. All repairs and replacements undertaken by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, and other utility and mechanical systems in good repair and in a clean and safe condition; provided that Landlord shall have the right to perform such work or on behalf of Tenant (including, if made by Landlord) shall be made with materials of equal or better quality than the items being repaired or replaced. As provided in which event and subject to Section 2.3 above, all costs incurred by Landlord in the provision or performance of General Maintenance Services shall constitute Operating Expenses, and Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition (repairs, replacements, coil cleaning, etcthereof.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Eyetech Pharmaceuticals Inc

Tenant Repairs and Maintenance. Tenant shall, at Tenant’s sole cost and own expense, keep, maintain andmaintain, to the extent reasonably required, repair and replace the entire entirety of the interior of the Premises, including but not by way of limitation, without limitation all interior walls, doors, ceilingentryways, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets subfloors and floor coverings, elevators all plumbing fixtures and systems, electrical wiring, ceilings, interior walls, interior surfaces of exterior walls, signs, all heating, ventilationventilating and air conditioning systems, air conditioningall loading doors, loading docks and pads, all fire sprinkler systems, all doors and locks, all skylights and other utility fixtures and mechanical systems equipment in good repair and in a clean and safe condition; , casualties covered by insurance excepted to the extent of proceeds received. Tenant shall, at Tenant’s sole expense, immediately replace all broken glass, including skylights, in the Premises with glass equal to the specification and quality of the original glass. Tenant shall, at Tenant’s sole expense, repair any area damaged by Tenant, Tenant’s agents, employees, licensees and visitors, provided that Landlord that, for repairs in excess of $10,000, Tenant obtains Landlord’s prior approval with respect to the method and quality of such repair, such approval not to be unreasonably withheld. All repairs shall have the right be completed by contractors approved by Landlord, such approval not to perform such work on behalf be unreasonably withheld. Any replacements required of Tenant in which event Tenant shall reimburse be made with equipment and/or materials equal to the specification and quality of the original. All damage to the concrete of the parking areas resulting from Tenant’s use of forklifts or other equipment shall be repaired by Landlord for the at Tenant’s sole cost thereof promptly upon demand thereforand expense. Tenant shall have maintain the right to make routine repairs that are reasonably necessary for the day-to-day operation exterior of the project without requiring prior approval from LandlordPremises in neat and attractive condition. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for not store supplies, work in process, inventory or other materials, or waste or garbage outside the entire cost of any such repair or maintenance immediately upon written demand thereforBuilding. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord and promptly reimbursed obtain any containers or dumpsters desired by Tenant to Landlordfor trash, garbage or rubbish at Tenant’s expense and shall contract and pay for all trash, garbage and rubbish disposal and removal. HVAC related costs necessary to Tenant shall maintain the HVAC system areas around such trash containers and any dumpster in top operating condition (repairsclean, replacements, coil cleaning, etcorderly and sanitary condition.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Warehouse Lease (Pizza Inn Inc /Mo/)

Tenant Repairs and Maintenance. Subject to the casualty and condemnation provisions of Sections 11 and 12 and except for any repair and maintenance obligations of Landlord which are specifically described in Sections 2 and 7.03, Tenant, at Tenant’s sole cost and expense, shall maintain the Premises and every part thereof in good order and in a clean and safe condition, and shall repair and replace (whether or not such portion of the Premises requiring repair, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of such portion of the Premises), without limitation, the following: Interior surfaces of walls and ceilings; floors; wall and floor coverings; interior and exterior windows and plate glass; skylights (if any); window coverings; doors, roll up doors, locks on closing devices; window casements and frames; storefronts; signs; awnings (if any); canopies and display windows; plumbing; electrical wiring and systems within the Premises (including replacement of light bulbs, tubes and ballasts); all heating, ventilation and air conditioning equipment and systems serving the Premises; exterior entrances; and all switches, fixtures and equipment in the Premises. Tenant shall, at Tenant’s sole cost and expense, keepimmediately replace all broken or damaged glass, maintain andincluding skylights (if any), in the Premises with glass equal to the extent reasonably requiredspecification and quality of the original glass. Tenant shall, replace at Tenant’s sole cost and expense, enter a regularly scheduled (not less than quarterly) preventive maintenance/service contract, with a maintenance contractor approved by Landlord, for servicing all heating, ventilation and air conditioning systems and equipment serving the entire Premises. If Tenant does not enter into such a contract, including but not Landlord shall be entitled to enter into such a contract, and Tenant shall pay to Landlord, as Additional Rent, upon demand by way Landlord, any costs incurred by Landlord in procuring and maintaining such a contract. Upon receipt of limitationreasonable notice from Tenant, Landlord shall perform, at the expense of Tenant, all interior repairs and maintenance to plumbing, pipes and electrical wiring located within walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters above ceiling surfaces and ballasts for lighting, subfloors, carpets and below floor coverings, elevators and heating, ventilation, air conditioning, and other utility and mechanical systems in good repair and in a clean and safe condition; provided that surfaces resulting from the use of the Premises by Tenant. Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord be responsible for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In additionany plumbing, if any repair pipes, electrical wiring, switches, fixtures or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”)but serving another tenant. The Tenant shall at Tenant’s sole cost and expense, repair any area, in the Premises or the Common Area, damaged by Tenant, Tenant’s agents, employees, contractors, or visitors, provided that Tenant obtains Landlord’s prior approval with respect to the method and quality of such Periodic Inspections may repair. Any repair or replacement required of Tenant shall be paid made with equipment and/or materials at least equal to the specification and quality of the original and shall be made by Landlord contractors approved by Landlord. Tenant shall install rug protectors in all carpeted areas in which desk chairs are located Tenant shall keep all areas immediately adjoining the Premises free from trash, litter and promptly reimbursed by obstructions resulting from Txxxxx’s business at the Premises. Tenant shall separately provide for the removal of its refuse from the Premises. Tenant recognizes the use of some chemicals and/or maintenance techniques are potentially harmful to the Premises or the Property, and consequently, Tenant’s use of such chemicals and or maintenance techniques shall be subject to Landlord. HVAC related costs necessary to maintain the HVAC system ’s prior written approval, in top operating condition (repairs, replacements, coil cleaning, etcits sole discretion.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Industrial Space Lease (Dragonfly Energy Holdings Corp.)

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Tenant Repairs and Maintenance. Tenant shall, at Tenant’s sole cost and expense, keep, maintain and, to the extent reasonably required, replace the entire Premises, including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, and other utility and mechanical systems in good repair and in a clean and safe condition; provided that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located in the Premises (Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition (repairs, replacements, coil cleaning, etc.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Lease Agreement (Zoned Properties, Inc.)

Tenant Repairs and Maintenance. Tenant shall, at Tenant’s sole cost and its expense, keepmaintain in good condition, maintain andregularly servicing and promptly making all repairs and replacements thereto, to the extent reasonably required, replace the entire Premises, including but not by way limited to the electrical systems, heating and air conditioning systems, plate glass, floors, windows and doors (with the exception of limitation, all interior walls, dock doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning), and other utility sprinkler and mechanical systems in good repair and in a clean and safe condition; provided that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlordplumbing systems. In addition, if Tenant shall obtain a preventive maintenance contract on the heating, ventilating and air-conditioning systems (and provide Landlord with a copy thereof), which contract shall meet or exceed Landlord's standard maintenance criteria and shall provide for the inspection and maintenance of the heating, ventilating and air conditioning system on not less than a semi-annual basis. Notwithstanding the foregoing, and subject to Tenant's waiver in SECTION 9.2 of the Lease or any other provision of this Lease, Tenant shall not be responsible for repairs or replacements to the Premises to the extent necessitated by the willful misconduct or negligent acts of Landlord or its agents, independent contractors, vendors, suppliers, or employees, in which case such repair or maintenance is necessary replacement shall be performed by Landlord at its expense. Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or prudent as a result non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from (i) the performance or existence of an any Alterations, (ii) the installation, use or operation of Tenant's Property in the Premises, (iii) the moving of Tenant's Property in or out of the Property, or (iv) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or its agentsany subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, employees electrical, sanitary, HVAC, or contractors, other systems of the Property or Premises shall be performed by appropriately licensed contractors and Tenant shall reimburse Landlord for notify Landlord, in writing, and identifying the entire cost selected contractor(s), prior to the commencement of any such repair repairs or maintenance immediately upon written demand thereforreplacements. Upon expiration All such repairs or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition (repairs, replacements, coil cleaning, etc.) replacements shall be made with materials of equal or better quality than the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billingitems being repaired or replaced.

Appears in 1 contract

Samples: Atlanta Space Lease (Tractor Supply Co /De/)

Tenant Repairs and Maintenance. Except as otherwise set forth in Sections 8.01 and Section 8.02 above, Tenant shall, at Tenant’s 's sole cost and expense, keep, maintain and, to the extent reasonably required, replace the entire Premises, including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, and other utility and mechanical systems except dehumidifiers within the Premises to the extent serving the Premises exclusively, in good repair and in a clean and safe condition; provided that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent under Sections 8.01 and Section 8.02 as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear and damage by fire or other casualty not required to be repaired by Tenant pursuant to this Lease excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located in the Premises ("Periodic Inspections"). The cost of such Periodic Inspections may are to be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition (repairs, replacements, coil cleaning, etc.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Lease Agreement (Zoned Properties, Inc.)

Tenant Repairs and Maintenance. (a) Tenant shallagrees that it will not damage the Leased Premises, the Building or the Property (provided that modifications and improvements to the Leased Premises conducted in accordance with approved plans and specifications shall not be deemed damage), and will pay, as additional rent upon demand by Landlord, the reasonable cost of the repair or replacement of any damage or injury done to the Building, the Property, or any part thereof, and the fixtures, equipment or personal property located therein or thereon, caused in whole or in part by the negligent acts or omissions or intentional acts of Tenant or Tenant’s agents, employees, contractors, invitees, visitors or permitted subtenants in excess of any insurance proceeds actually received by Landlord with respect to such damage or injury. Except for maintenance and repairs expressly required of Landlord pursuant this Lease, Tenant agrees, at Tenant’s its sole cost and expense, keepand subject to ordinary wear and tear, maintain and, (i) to keep the extent reasonably required, replace interior of the entire Leased Premises, including but not by way of limitationlimited to ventilation systems, all the heating and air conditioning systems, plumbing fixtures, light fixtures, bulbs and tubes, fire sprinkler system, dock bumpers, trash pickup and removal, pest control and extermination, interior walls, doorsceilings, ceilingmillwork, fixturespaneling and other finish work, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets floor and floor coverings, elevators and heatingTenant’s equipment, ventilationfacilities, air conditioningfurniture and Trade Fixtures, in a neat, clean, properly serviced, safe and secure condition, and other utility and mechanical systems in good order, repair and in a condition (including necessary painting and decorating), and shall be solely responsible for obtaining and causing to be performed all janitorial services within the Leased Premises as required to comply with Tenant’s use of the Leased Premises and its obligations hereunder, (ii) to keep all glass installed by Tenant, all internal doors, the surface of interior walls, and all store fronts to the Leased Premises clean and safe condition; provided that Landlord shall have the right to perform such work on behalf of in good condition and immediately replace any glass installed by Tenant in the Leased Premises which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right may be damaged or broken; (iii) to make routine repairs promptly all repairs, alterations, additions or replacements to the Leased Premises, and Tenant’s equipment, facilities or Trade Fixtures therein, that are reasonably necessary for the day-to-day operation may be required by any law or ordinance or any order or regulation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent public authority as a result of an act Tenant’s use or omission occupancy of Tenant the Leased Premises or its agentsactivities or business therein including repairs, employees alterations, additions or contractorsreplacements required due to changes in the requirements of the ADA and any similar state and municipal laws, Tenant shall reimburse Landlord ordinances or regulations after the Commencement Date of this Lease, (iv) to keep the Leased Premises equipped with all safety appliances required because of such use or occupancy, (v) to procure, maintain and furnish any licenses and permits required for the entire cost of any such use or occupancy or activities or business therein, (vi) to comply with the laws, ordinances, orders and regulations of all governmental authorities having jurisdiction over the Leased Premises or Tenant, and its use or occupancy of, or activities or business in the Leased Premises; and (vii) in accordance with the same standard of repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises that would apply to Landlord in the same condition as when leasedunder Section 5.3, reasonable wear to keep and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter maintain all changes and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord and promptly reimbursed made by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition (repairs, replacements, coil cleaning, etc.) shall be structural components of the responsibility of Tenant. All costs due Building and/or changes made by Tenant to the Building systems, including without limitation, the stairwells and/or elevators for the exclusive use of Tenant, in good order, repair and condition or as may be otherwise required by any law or ordinance or any order or regulation of any public authority applicable thereto. Landlord shall comply with all laws, regulations and ordinances applicable to the Property and the Common Areas of the Building, and shall secure all required permits for Landlord’s work in this article shall be considered Additional Rent due within ten the Building and maintain a certificate of occupancy for the Building (10) days after receipt exclusive of billingthe Leased Premises and the premises of other tenants).

Appears in 1 contract

Samples: Lease Agreement (Pharmaceutical Product Development Inc)

Tenant Repairs and Maintenance. Subject to Article G-3, Tenant shall, at Tenant’s 's sole cost and expense, keep, keep and maintain and, to the extent reasonably required, replace the entire Premises, and every part thereof, including but not by way of limitationthe HVAC system serving the Premises, all interior wallsplumbing, loading dock and doors, ceilingelectrical wiring, fixturessignage, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, fixtures and other utility and mechanical systems equipment in good repair and in a clean clean, safe and safe good operating condition; , and shall repair and/or replace any and all of the foregoing in a good and workmanlike manner as needed. Tenant shall, at Tenant's sole expense, immediately replace all broken glass in the Premises with glass equal to the specification and quality of the original glass. Tenant shall, at Tenant's sole expense, enter a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment serving the Premises and shall provide evidence of the same to Landlord at Landlord's request. Tenant shall, at Tenant's sole expense, repair any area damaged by any Tenant Party provided that Tenant obtains Landlord's prior approval with respect to the method and quality of such repair. Notwithstanding anything in Article G-1 or G-2 to the contrary, if the cost of replacement of any item is Tenant's responsibility is a Capital Major Replacement (as defined below) than Tenant shall be liable for only a fraction of such cost ("Tenant's Share"), which is the product of multiplying the actual cost of the Capital Major Replacement times a fraction, the numerator of which fraction shall be the number of months remaining in the Lease term following completion of such Capital Major Replacement, (excluding any unexercised option term), and the denominator of which fraction shall be the number of months in the expected useful life of such Capital Major Replacement, and Landlord shall have be liable for the right remainder of such cost up to perform such work on behalf an amount not to exceed $100,000.00 ("Landlord's Share"); provided, that upon Tenant's exercise of Tenant in which event any option to extend the Term of this Lease, Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right pay to make routine repairs Landlord, within thirty (30) days after Landlord's written request, an amount equal to that are reasonably necessary for the day-to-day operation portion of the project without requiring prior approval from Landlord. In addition's Share, if any repair or maintenance is necessary or prudent as any, which relates to the option term so exercised. If Landlord performs a result of an act or omission of Tenant or its agents, employees or contractorsCapital Major Replacement, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination Tenant's Share of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition Capital Major Replacement, within thirty (repairs, replacements, coil cleaning, etc.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (1030) days after receipt following completion of billingthe same.

Appears in 1 contract

Samples: Lease (Am General Corp)

Tenant Repairs and Maintenance. Tenant shall, at Tenant’s sole cost and 's own expense, keepmaintain the interior of the Premises in a clean, sanitary and safe condition and keep and maintain and, to the extent reasonably required, replace integrity and quality of the entire non-structural portions of the Premises, including but not by way of including, without limitation, all interior non-structural walls, doorsceilings, ceilinglights, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coveringscoverings thereof (excluding, elevators however, the exterior portions of the Building and heating, ventilation, air conditioning, and other utility and mechanical systems the structural portions of the Building to be maintained by Landlord pursuant to Section 7.02 below) in good repair and in a clean and safe condition; provided that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, (reasonable wear and tear excepted). Tenant shall be responsible for the cost of any repairs due to damage caused by Tenant's negligence or willful misconduct. Notwithstanding the precedingforegoing, Landlord may elect Landlord, and not Tenant, shall be responsible for the performance of repair and maintenance of those items described in Section 7.02 below. Tenant waives the right to contract with an HVAC service provider for periodic filter changes make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and inspections any successive sections or statutes of a similar nature), provided, however, the HVAC equipment located in the Premises (“Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord and promptly reimbursed by foregoing shall not prohibit Tenant from making repairs to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition the Building if Landlord fails to make such repairs within seven (repairs, replacements, coil cleaning, etc.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (107) days after receipt written notice from Tenant (or, if more than seven (7) days is reasonably required to complete such repairs, Landlord has commenced such service during the seven (7) day period and is diligently pursuing same to completion. Tenant waives all rights to recover any losses or damages (including interference with or injury to Tenant's business) resulting from Landlord's performing or failure to perform any such repairs or maintenance, except to the extent of billingLandlord's gross negligence or willful misconduct; it being expressly understood and agreed that Tenant shall be solely responsible for and look solely to its insurance for any such damage and losses, except: (a) if caused by Landlord's gross negligence or willful misconduct; (b) if such damage or loss is covered by the policies of insurance Landlord is required to maintain under this Lease, or would have been covered by the policies of insurance Landlord is required to maintain under this Lease if Landlord had maintained such policies of insurance; or (c) such damage, liability, injury or death would have been covered by the policies of insurance Landlord is required to maintain under this Lease except for the deductible amount of any of such policy being greater than Five Thousand Dollars ($5,000) and less than Fifty Thousand Dollars ($50,000).

Appears in 1 contract

Samples: Agreement Regarding Lease (Iomega Corp)

Tenant Repairs and Maintenance. Tenant shall, at Tenant’s sole cost and expense, keep, maintain and, to the extent reasonably required, replace any applicable portions of the entire PremisesPremises (other than those portions of the Premises that Landlord is required to maintain under Sections 8.1 and 8.2), including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lightingbulbs, starters and ballasts for lighting, subfloorsballasts, carpets and floor coverings, elevators and heating, ventilation, air conditioning, air-conditioning and other utility and mechanical systems within the Premises to the extent serving the Premises exclusively, in good repair and in a clean and safe condition; provided provided, that Landlord shall have the right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent under Section 8.1 or 8.2 as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Except in an emergency or to the extent required to comply with applicable laws, Landlord shall not commence such repairs or maintenance prior to providing Tenant with a notice and opportunity to make such repairs consistent with the notice procedures contained in Section 8.1(b). Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear and damage by fire or other casualty not required to be repaired by Tenant pursuant to this Lease excepted. Notwithstanding Tenant shall not be required to replace the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes carpets and inspections floor coverings at the expiration of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost Term of such Periodic Inspections may be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition (repairs, replacements, coil cleaning, etcthis Lease.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Lease Agreement (Planar Systems Inc)

Tenant Repairs and Maintenance. Tenant shallTenant, at Tenant’s sole cost and expense, shall at all times during the Term keep, maintain andand preserve the Premises and all parts, components, systems, fixtures, hardware and finishes of and in the Premises in a first class, clean, safe and sanitary order, condition and repair, excepting only insured casualty to the extent of the insurance proceeds received by Landlord. Tenant shall comply with all applicable manufacturer’s specifications and recommendations and best industry practices in connection with cleaning, protecting, servicing, maintaining and repairing the Premises and all of the parts, components, systems, fixtures, hardware and finishes in the Premises in order to preserve and achieve the maximum aesthetic and economically serviceable life of the Premises and the improvements contained therein. All repairs, replacements and restorations made by Tenant shall be performed promptly as required, in a good and workmanlike manner, employing materials of equal or better quality, serviceability and utility to those items or parts being replaced, with surface finishes (including color, texture and general appearance) comparable and compatible with adjacent surfaces, to the extent reasonably required, replace the entire Premises, including but not by way reasonable satisfaction of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, and other utility and mechanical systems in good repair Landlord and in a clean compliance with all applicable federal, state or local laws, ordinances, regulations and safe condition; provided that Landlord shall have orders and the right to perform such work on behalf requirements of Tenant in which event Tenant shall reimburse Landlord for any insurer of the cost thereof promptly upon demand thereforBuilding. Tenant shall have shall, at Xxxxxx’s own expense, immediately replace all glass in the right Premises that may be broken during the Term with glass at least equal to make routine repairs that are reasonably necessary for the day-to-day operation specification and quality of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand thereforglass being replaced. Upon expiration or earlier termination of the Term, Tenant Xxxxxx shall surrender the Premises to Landlord in the same condition as when leasedreceived, reasonable wear and tear tear, damage by fire or other insured casualty to the extent of insurance proceeds received by Landlord excepted. Notwithstanding The term “reasonable wear and tear” as used herein shall mean wear and tear which manifests itself solely through normal intensity of use and passage of time consistent with the precedingemployment of commercially prudent measures to protect finishes and components from damage and excessive wear, Landlord may elect to contract with an HVAC service provider the application of regular and appropriate preventative maintenance practices and procedures, routine cleaning and servicing, waxing, polishing, adjusting, repair, refurbishment and replacement at a standard of appearance and utility and as often as appropriate for periodic filter changes Class A corporate and inspections professional office occupancies in the Palo Alto/Menlo Park office market. The term “reasonable wear and tear” would thus encompass the natural fading of painted surfaces, fabric and materials over time, and carpet wear caused by normal foot traffic. The term “reasonable wear and tear” shall not include any damage or deterioration that could have been prevented by Xxxxxx’s employment of ordinary prudence, care and diligence in the occupancy and use of the HVAC equipment located Premises and the performance of all of its obligations under this Lease. Items not considered reasonable wear and tear hereunder include the following for which Tenant shall bear the obligation for repair and restoration (except to the extent caused by the gross negligence or willful misconduct of Landlord or its employees or agents), (i) excessively soiled, stained, worn or marked surfaces or finishes; (ii) damage, including holes in building surfaces (e.g., cabinets, doors, walls, ceilings and floors) caused by the Premises installation or removal of Tenant’s trade fixtures, furnishings, decorations, equipment, alterations, utility inst a llations, security systems, communications systems (“Periodic Inspections”including cabling, wiring and conduits). The cost of , displays and signs; (iii) damage to any component, fixture, hardware, system or component part thereof within the Premises, and any such Periodic Inspections may be paid damage to the Building, Phase or Project, caused by Tenant or its agents, contractors or employees, and not fully recovered by Landlord and promptly reimbursed by from insurance proceeds. Tenant shall not commit or allow any waste or damage to Landlord. HVAC related costs necessary to maintain be committed on any portion of the HVAC system in top operating condition (repairsPremises, replacementsBuilding, coil cleaning, etcPhase or Project.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Menlo Oaks Corporate Center Lease (E Trade Group Inc)

Tenant Repairs and Maintenance. Tenant shallTenant, at Tenant’s sole cost and expense, shall at all times during the Term keep, maintain andand preserve the Premises and all parts, components, systems, fixtures, hardware and finishes of and in the Premises in a first class, clean, safe and sanitary order, condition and repair, excepting only insured casualty to the extent of the insurance proceeds received by Landlord. Tenant shall comply with all applicable manufacturer’s specifications and recommendations and best industry practices in connection with cleaning, protecting, servicing, maintaining and repairing the Premises and all of the parts, components, systems, fixtures, hardware and finishes in the Premises in order to preserve and achieve the maximum aesthetic and economically serviceable life of the Premises and the improvements contained therein. All repairs, replacements and restorations made by Tenant s hall be performed promptly as required, in a good and workmanlike manner, employing materials of equal or better quality, serviceability and utility to those items or parts being replaced, with surface finishes (including color, texture and general appearance) comparable and compatible with adjacent surfaces, to the extent reasonably required, replace the entire Premises, including but not by way reasonable satisfaction of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, and other utility and mechanical systems in good repair Landlord and in a clean compliance with all applicable federal, state or local laws, ordinances, regulations and safe condition; provided that Landlord shall have orders and the right to perform such work on behalf requirements of Tenant in which event Tenant shall reimburse Landlord for any insurer of the cost thereof promptly upon demand thereforBuilding. Tenant shall have shall, at Xxxxxx’s own expense, immediately replace all glass in the right Premises that may be broken during the Term with glass at least equal to make routine repairs that are reasonably necessary for the day-to-day operation specification and quality of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand thereforglass being replaced. Upon expiration or earlier termination of the Term, Tenant Xxxxxx shall surrender the Premises to Landlord in the same condition as when leasedreceived, reasonable wear and tear tear, damage by fire or other insured casualty to the extent of insurance proceeds received by Landlord excepted. Notwithstanding The term “reasonable wear and tear” a s used herein shall mean wear and tear which manifests itself solely through normal intensity of use and passage of time consistent with the precedingemployment of commercially prudent measures to protect finishes and components from damage and excessive wear, Landlord may elect to contract with an HVAC service provider the application of regular and appropriate preventative maintenance practices and procedures, routine cleaning and servicing, waxing, polishing, adjusting, repair, refurbishment and replacement at a standard of appearance and utility and as often as appropriate for periodic filter changes Class A corporate and inspections professional office occupancies in the Palo Alto/Menlo Park office market. The term “reasonable wear and tear” would thus encompass the natural fading of painted surfaces, fabric and materials over time, and carpet wear caused by normal foot traffic. The term “reasonable wear and tear” shall not include any damage or deterioration that could have been prevented by Xxxxxx’s employment of ordinary prudence, care and diligence in the occupancy and use of the HVAC equipment located Premises and the performance of all of its obligations under this Lease. Items not considered reasonable wear and tear hereunder include the following for which Tenant shall bear the obligation for repair and restoration (except to the extent caused by the gross negligence or willful misconduct of Landlord or its employees or agents), (i) excessively soiled, stained, worn or marked surfaces or finishes; (ii) damage, including holes in building surfaces (e.g., cabinets, doors, walls, ceilings and floors) caused by the Premises installation or removal of Tenant’s trade fixtures, furnishings, decorations, equipment, alterations, utility inst a llations, security systems, communications systems (“Periodic Inspections”including cabling, wiring and conduits). The cost of , displays and signs; (iii) damage to any component, fixture, hardware, system or component part thereof within the Premises, and any such Periodic Inspections may be paid damage to the Building, Phase or Project, caused by Tenant or its agents, contractors or employees, and not fully recovered by Landlord and promptly reimbursed by from insurance proceeds. Tenant shall not commit or allow any waste or damage to Landlord. HVAC related costs necessary to maintain be committed on any portion of the HVAC system in top operating condition (repairsPremises, replacementsBuilding, coil cleaning, etcPhase or Project.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Menlo Oaks Corporate Center Lease (E Trade Group Inc)

Tenant Repairs and Maintenance. Subject to the casualty and condemnation provisions of Sections 11 and 12 except for any repair and maintenance obligations of Landlord which are specifically described in Section 7.03, Tenant, at Tenant’s sole cost and expense, shall maintain the Premises and every part thereof in good order and in a clean and safe condition, and shall repair and replace (whether or not such portion of the Premises requiring repair, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of such portion of the Premises), without limitation, the following: interior surfaces of walls and ceilings; floors; wall and floor coverings; interior and exterior windows and plate glass; skylights (if any); window coverings; doors, roll up doors, locks on closing devices; window casements and frames; storefronts; signs; awnings (if any); canopies and display windows; plumbing; electrical wiring and systems within the Premises (including replacement of light bulbs, tubes and ballasts); exterior entrances; staircases and elevators; warehouse dock doors; and all switches, fixtures and equipment in the Premises. Tenant shall, at Tenant’s sole cost and expenses, immediately replace all broken or damaged glass, in the Premises with glass equal to the specification and quality of the original glass. Upon receipt of reasonable notice from Tenant, Landlord shall perform, at the expense of Tenant, all repairs and maintenance to plumbing, pipes and electrical wiring located within walls, above ceiling surfaces and below floor surfaces resulting from the use of the Warehouse by Tenant. Landlord shall be responsible for any plumbing, pipes, electrical wiring, switches, fixtures or equipment located in the Warehouse but serving another tenant (subject to reimbursement pursuant to Section 7.01). Notwithstanding anything to the contrary herein, Tenant shall at Tenant’s sole cost and expense, keeprepair any area, maintain andin the Premises or the Common Area, damaged by Tenant, Tenant’s agents, employees, contractors, or visitors, provided that Tenant obtains Landlord’s prior approval with respect to the method and quality of such repair. Any repair or replacement required of Tenant shall be made with equipment and/or materials at least equal to the specification and quality of the original and shall be made by contractors approved by Landlord. Tenant shall install rug protectors in all carpeted areas in which desk chairs are located. Tenant shall keep all areas immediately adjoining the Premises free from trash, litter and obstructions resulting from Xxxxxx’s business at the Premises. Tenant recognizes the use of some chemicals and/or maintenance techniques are potentially harmful to the Premises or the Property, and consequently, Tenant’s use of such chemicals and or maintenance techniques shall be subject to Landlord’s prior written approval. Tenant hereby waives the provisions of California Civil Code Sections 1941 and 1942 and any similar or successor laws, to the extent reasonably requiredapplicable, replace the entire Premises, including but not by way of limitation, all interior walls, doors, ceiling, fixtures, furnishings, drapes, specialty lamps, light bulbs used for lighting, starters and ballasts for lighting, subfloors, carpets and floor coverings, elevators and heating, ventilation, air conditioning, and other utility and mechanical systems in good repair and in a clean and safe condition; provided that Landlord shall have the regarding Xxxxxx’s right to perform such work on behalf of Tenant in which event Tenant shall reimburse Landlord for terminate this lease or make repairs and deduct the cost thereof promptly upon demand therefor. Tenant shall have the right to make routine repairs that are reasonably necessary for the day-to-day operation of the project without requiring prior approval from Landlord. In addition, if any repair or maintenance is necessary or prudent as a result of an act or omission of Tenant or its agents, employees or contractors, Tenant shall reimburse Landlord for the entire cost of any such repair or maintenance immediately upon written demand therefor. Upon expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in the same condition as when leased, reasonable wear and tear excepted. Notwithstanding the preceding, Landlord may elect to contract with an HVAC service provider for periodic filter changes and inspections of the HVAC equipment located in the Premises (“Periodic Inspections”). The cost of such Periodic Inspections may be paid by Landlord and promptly reimbursed by Tenant to Landlord. HVAC related costs necessary to maintain the HVAC system in top operating condition (repairs, replacements, coil cleaning, etcRent.) shall be the responsibility of Tenant. All costs due by Tenant to Landlord in this article shall be considered Additional Rent due within ten (10) days after receipt of billing.

Appears in 1 contract

Samples: Energy Recovery, Inc.

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