Common use of Tenant Repairs Clause in Contracts

Tenant Repairs. To repair, maintain and keep the Leased Premises and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repair.

Appears in 5 contracts

Samples: Indenture (Newbridge Networks Corp), Indenture (PMC Sierra Inc), Indenture (Newbridge Networks Corp)

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Tenant Repairs. To repairTenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Leased Premises and all trade the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred property or to as "Tenant's business by reason thereof, and upon completion thereof, Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will shall pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the costs plus fifteen percent (15%) for overhead incurred by Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the upon presentation to Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairxxxx therefor.

Appears in 3 contracts

Samples: Lease Terms (Bio Vascular Inc), Lease Terms (Micro Component Technology Inc), Lease Agreement (Thermoview Industries Inc)

Tenant Repairs. To repairTenant shall, maintain and at Tenant’s own expense, keep the Leased Premises Premises, including all improvements, fixtures, furnishings, supplemental/non-Building heating, ventilation (including exhaust) and all trade air conditioning (which Tenant installs as part of the Tenant Improvements) (“Supplemental HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and improvements therein equipment such as dishwashers, garbage disposals, and insta‑hot dispensers), and the floor of the Building on which the Premises are located, in good order, repair and substantial repair subject only to defects in construction of the structural members of the Building, reasonable condition as received (ordinary wear and tear and casualty damage excepted) at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by fireLandlord, lightning promptly and tempest adequately repair all damage to the Premises and replace or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); repair all damaged, broken, or worn fixtures and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writingappurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event fails to make repairs to the Leased Premises without notice if such repairs are(after notice from Landlord a reasonable opportunity to do so), in the Landlord's opinionLandlord may, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repairbut need not, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making make such repairs and that replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such sumsrepairs and replacements forthwith upon being billed for same. Without limitation, if not so paid within such time, Tenant shall be recoverable from responsible for the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Supplemental HVAC and Tenant shall not be deemed to have been relieved from secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the obligation to repair and leave the Leased Premises in a good state regular maintenance of repairsuch systems.

Appears in 3 contracts

Samples: Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)

Tenant Repairs. To repair(a) Except as expressly provided in Section 7.1, Tenant covenants and agrees that, from and after the date that the possession of the Premises is delivered to Tenant and until the end of the Lease Term, Tenant, at its expense, will keep neat and clean and maintain in good order, condition and keep repair the Leased Premises and every part thereof, and will make all trade fixtures and improvements therein in good and substantial repair subject required repairs thereto and/or replacements of portions thereof, excepting only to defects in construction those repairs for which Landlord is responsible under the terms of the structural members of the Buildingthis Lease, reasonable wear and tear of the Premises, and damage by fire, lightning and tempest fire or other casualty against which or as a consequence of the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions")exercise of the power of eminent domain; and shall surrender the Premises, at the end of the Lease Term, in such condition. Without limitation, Tenant shall continually during the Lease Term maintain the Premises in accordance with all laws, codes and ordinances from time to time in effect and all directions, rules and regulations of the proper officers of governmental agencies having jurisdiction, and the standards recommended by the Boston Board of Fire Underwriters, and shall, at Tenant's expense, obtain all permits, licenses and the like required by applicable law. To the extent that the Landlord may enter and view state Premises constitute a "Place of repair and that Public Accommodation" within the meaning of the Americans With Disabilities Act of 1990, Tenant will repair according to notice in writingshall be responsible, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs subject to the Leased requirements of Section 5.2, for making the Premises without notice if comply with such repairs areAct. Tenant shall not permit or commit any waste, in and, notwithstanding the Landlord's opinionforegoing or the provisions of Article 12, necessary Tenant shall be responsible for the protection cost of repairs and replacements to the Premises, the Building and the Tenant covenants and agrees with facilities of the Landlord that if Building, whether ordinary or extraordinary or structural or nonstructural, when necessitated by Tenant, or its subtenant or assignee, moving property in or out of the Landlord exercises Building or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or its subtenant or assignee, of any such option Alterations or other work in the Premises, or when necessitated by the failure to repairexercise reasonable care by, the Tenant will pay or misuse, neglect or improper conduct of, Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees (including any damage by fire or other casualty arising therefrom, except to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event extent that the Landlord recovers insurance loss proceeds from its casualty insurer without loss of continuing policy protection and from which insurer a waiver of subrogation has been obtained in accordance with Section 10.6 hereof) and, if the premium or rates payable with respect to any policy or policies of insurance purchased by Landlord or Agent with respect to the Building increases as a result of payment by the insurer of any claim arising from any act or neglect of Tenant, its assignee, subtenant, contractors or invitees, Tenant shall pay such increase, from time to time makes time, within fifteen (15) days after demand therefor by Landlord, as Additional Rent. All of said repairs and any repairs as hereinbefore provided, restorations or replacements required in connection therewith shall be of a quality and class at least equal to the Tenant original work and installations and shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises done in a good state of repairand workmanlike manner.

Appears in 2 contracts

Samples: Possession and Attornment Agreement (Firepond Inc), Possession and Attornment Agreement (Firepond Inc)

Tenant Repairs. To repairTenant shall, maintain and at Tenant’s own expense, keep the Leased Premises Premises, including all improvements, fixtures, furnishings, heating, ventilation (including exhaust) and all trade air conditioning (“HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and improvements therein equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor of the Building on which the Premises are located, in good order, repair and substantial repair subject only to defects in construction of the structural members of the Building, reasonable condition as received (ordinary wear and tear and casualty damage excepted) at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by fireLandlord, lightning promptly and tempest adequately repair all damage to the Premises and replace or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); repair all damaged, broken, or worn fixtures and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writingappurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant Repair Exceptions fails to make such repairs, (after notice from Landlord and that the Tenant will leave the Leased Premises in good repaira reasonable opportunity to do so) Landlord may, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore containedbut need not, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such sumsrepairs and replacements forthwith upon being billed for same. Without limitation, if not so paid within such time, Tenant shall be recoverable from responsible for heating, ventilating and air-conditioning systems and utility services serving the Premises (to the extent serving Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore providedexclusively), the and Tenant shall not be deemed to have been relieved from secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the obligation to repair and leave the Leased Premises in a good state regular maintenance of repairsuch systems.

Appears in 2 contracts

Samples: Keystone Technology Park Lease (Heat Biologics, Inc.), Heat Biologics, Inc.

Tenant Repairs. To repair, maintain and keep the Leased Premises and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's ’s opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repair. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act.

Appears in 2 contracts

Samples: Indemnity Agreement (Coley Pharmaceutical Group, Inc.), Indemnity Agreement (Coley Pharmaceutical Group, Inc.)

Tenant Repairs. To Tenant, during the Term of this Lease and any extension thereof, agrees to keep in good order and repair all interior portions of the Premises (including overhead doors, docks contained within the Premises and the electric operators thereof,), except such repairs as under this Lease Landlord is required to make and except repairs which are made necessary because of faulty construction and except repairs which are the obligation of Landlord under Paragraph 16 of this Lease. Tenant shall also provide ordinary maintenance for the plumbing and light fixtures (within the Premises) and shall replace any interior glass (not part of the outside walls) which may be damaged or broken with glass of the same quality. Tenant, at Tenant’s cost, will be responsible for trash removal, janitorial and security for the Premises. In addition, Tenant shall (at Tenant’s cost and expense, but subject to the following paragraph 12(c)) maintain and repair (but not insure) the items listed in Exhibit D and Exhibit E as the Landlord Equipment Inventory that are being utilized by Tenant during the Term of this Lease. Tenant shall be solely responsible for repair, maintain maintenance and replacement of Tenant’s Equipment Inventory (including, without limitation, HVAC equipment previously installed by Tenant and which in the future may be installed by Tenant) and Tenant’s Furniture. During the full term of this Lease and any renewal, Tenant, at Tenant’s sole cost and expense, shall obtain and keep in force, an annual maintenance contract (the Leased Premises “Maintenance Contract”) for service and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction routine maintenance of the structural members of HVAC systems and facilities serving the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair ExceptionsPremises. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, The Maintenance Contract shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time with a company reasonable acceptable to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairLandlord.

Appears in 1 contract

Samples: Lease (Nanosphere Inc)

Tenant Repairs. To repair, maintain and keep the Leased Premises and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's ’s opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repair.

Appears in 1 contract

Samples: Indenture (VeriChip CORP)

Tenant Repairs. To repair(i) Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it will, at its expense, keep and maintain and keep the Leased Premises and all trade fixtures and improvements therein in good order, condition and substantial repair subject only to defects in construction (whether extraordinary, foreseen or unforeseen), the interior of the structural members of the Buildingdemised premises and every part thereof, reasonable wear including but not limited to, all heating, ventilation and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured air conditioning equipment (herein collectively sometimes hereinafter referred to as "HVAC Equipment") located in and/or exclusively servicing the demised premises (whether installed by Landlord or by or on behalf of Tenant), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system, the interior electrical system servicing the demised premises, the life safety and/or any other systems to the point at which same join the main vertical risers for the Building and Tenant's Property, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in Article 4. In addition, Tenant Repair Exceptions"); shall make all repairs and that replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved by Landlord for the maintenance of the HVAC Equipment throughout the term of this lease arid shall provide Landlord may enter with copies of all such contracts and view state of repair and that the related maintenance records. If Tenant will repair according fails to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore containedmaintain such service contracts, the Landlord may in any event make repairs to may, but shall not be obligated to, after not less than five (5) days notice obtain such service contracts at the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection expense of the Building Tenant and the Tenant covenants and agrees with shall reimburse the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairpromptly upon request therefor.

Appears in 1 contract

Samples: Porta Systems Corp

Tenant Repairs. To repairTenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Leased Premises and all trade the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred property or to as "Tenant's business by reason thereof, and upon completion thereof, Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will shall pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the costs plus ten percent (10%) for overhead incurred by Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the upon presentation to Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairxxxx therefor.

Appears in 1 contract

Samples: Basic Lease Terms (Insignia Systems Inc/Mn)

Tenant Repairs. To Tenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair, and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain and keep all portions of the Leased Premises and all trade the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after written notice shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred property or to as "Tenant’s business by reason thereof, and upon completion thereof. Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will shall pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the costs plus fifteen percent (15%) for overhead incurred by Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the upon presentation to Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairbxxx therefor.

Appears in 1 contract

Samples: Lease Agreement (Delphax Technologies Inc)

Tenant Repairs. To repairTenant, maintain at Tenant’s expense, shall provide for storage disposal of all biomedical and keep hazardous materials and waste delivered, generated from or stored within the Leased Premises, all in strict compliance with all Federal, State and local rules, regulations, laws, ordinances and guidelines. Tenant shall not suffer any damage, waste or deterioration to occur to the Leased Premises and all trade shall maintain the interior non-structural portions of the Leased Premises and the fixtures and improvements appurtenances therein in good repair and substantial repair subject only clean and sightly condition, and shall make all repairs necessary to defects keep them in construction good working order and condition (including structural repairs when those are necessitated by the negligence or willful misconduct of the structural members of the BuildingTenant or its agents, reasonable employees, invitees, licensees or visitors) ordinary wear and tear and damage by fireActs of God excepted, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs subject to the Leased Premises without notice provisions of Articles 8 and 10 hereof. All repairs, replacements and restorations made by Tenant shall be equal in quality and class to the originals thereof and shall be completed in compliance with applicable law. Tenant covenants that any repairs or replacements (as the case may be) required by the terms of this Lease to be made by Tenant shall be commenced and completed expeditiously; provided, however, if such Tenant fails to make the repairs areor replacements, in an emergency promptly after notice, or otherwise fails to make the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due repairs or replacements within thirty (30) days after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that notice or in the event that the Landlord from time to time makes any repairs such repair or replacement is of such a nature as hereinbefore providedcannot with diligent effort be cured within said thirty (30) day period, the Tenant shall not have failed to commence to cure within said period or failed to diligently prosecute remedial efforts to completion within a reasonable time thereafter, then Landlord may, at its option, make the repairs or replacements, and the cost of such repairs or replacements shall be deemed charged to have been relieved from Tenant as Additional Rent and shall become payable by Tenant with the obligation to repair and leave payment of the Leased Premises in a good state of repairrent next due hereunder.

Appears in 1 contract

Samples: Lease (AxoGen, Inc.)

Tenant Repairs. To repair, maintain and keep the Leased Premises and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment installment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repair.

Appears in 1 contract

Samples: Zarlink Semiconductor Inc

Tenant Repairs. To repairTenant shall not suffer any damage, maintain and keep waste or deterioration to occur to the Leased Premises and all trade shall, subject to Landlord’s obligations hereunder, maintain the interior non-structural portions of the Leased Premises and the fixtures and improvements appurtenances therein in good condition, and substantial repair subject only shall make all repairs reasonably necessary to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises keep them in good repairworking order and condition (including when repairs are necessitated by the negligence or willful misconduct of Tenant or its agents, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore containedemployees, the Landlord may in any event make repairs to the Leased Premises without notice if invitees, licensees or visitors and such repairs areare non-structural repairs that do not affect any Building System; provided, in the Landlord's opinionhowever, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repairrepairs that are structural in nature, involve the Tenant will pay to the Landlord together with the next instalment replacement of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such timeexterior window glass or affect any Building System, shall be recoverable from made by Landlord at Tenant’s sole cost and expense), ordinary wear and tear, damage by fire or casualty, and repairs which are the responsibility of Landlord excepted. All repairs, replacements and restorations made by Tenant shall be substantially equal in quality and class to the originals thereof and shall be completed in compliance with Law. Tenant covenants that any repairs or replacements (as rent the case may be) required by the terms of this Lease to be made by Tenant shall be commenced and completed expeditiously; provided, however, if Tenant fails to make the repairs or replacements, in arrears. Provided further that an emergency promptly after notice, or otherwise fails to make the repairs or replacements within thirty (30) days after notice or in the event that the Landlord from time to time makes any repairs such repair or replacement is of such a nature as hereinbefore providedcannot with diligent effort be cured within such 30 day period, the Tenant shall not have failed to commence to cure within such period or failed to diligently prosecute remedial efforts to completion within a reasonable time thereafter, then Landlord may, at its option, make the repairs or replacements, and the cost of such repairs or replacements shall be deemed charged to have been relieved from Tenant as Additional Rent and shall become payable by Tenant with the obligation to repair and leave payment of the Leased Premises in a good state of repairRent next due hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Roblox Corp)

Tenant Repairs. To repairTenant, maintain at Tenant's expense, shall provide for storage disposal of all biomedical and keep hazardous materials and waste delivered, generated from or stored within the Leased Premises, all in strict compliance with all Federal, State and local rules, regulations, laws, ordinances and guidelines. Tenant shall not suffer any damage, waste or deterioration to occur to the Leased Premises and all trade shall maintain the interior non-structural portions of the Leased Premises and the fixtures and improvements appurtenances therein in good repair and substantial repair subject only clean and sightly condition, and shall make all repairs necessary to defects keep them in construction good working order and condition (including structural repairs when those are necessitated by the negligence or willful misconduct of the structural members of the BuildingTenant or its agents, reasonable employees, invitees, licensees or visitors) ordinary wear and tear and damage by fireActs of God excepted, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs subject to the Leased Premises without notice provisions of Articles 8 and 11 hereof. All repairs, replacements and restorations made by Tenant shall be equal in quality and class to the originals thereof and shall be completed in compliance with applicable law. Tenant covenants that any repairs or replacements (as the case may be) required by the terms of this Lease to be made by Tenant shall be commenced and completed expeditiously; provided, however, if such Tenant fails to make the repairs areor replacements, in an emergency promptly after notice, or otherwise fails to make the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due repairs or replacements within thirty (30) days after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that notice or in the event that the Landlord from time to time makes any repairs such repair or replacement is of such a nature as hereinbefore providedcannot with diligent effort be cured within said thirty (30) day period, the Tenant shall not have failed to commence to cure within said period or failed to diligently prosecute remedial efforts to completion within a reasonable time thereafter, then Landlord may, at its option, make the repairs or replacements, and the cost of such repairs or replacements shall be deemed charged to have been relieved from Tenant as Additional Rent and shall become payable by Tenant with the obligation to repair and leave payment of the Leased Premises in a good state of repairrent next due hereunder.

Appears in 1 contract

Samples: Lease (Regeneration Technologies Inc)

Tenant Repairs. To repair, maintain and keep the Leased Premises and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the BuildingBuilding and subject to the Landlord’s Table of Contents repairs set out in Section 8.04, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is required to be insured or is otherwise insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair (on twenty-four (24) hours’ advance notice and accompanied by a representative of the Tenant, if available (except in the case of an emergency), and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event event, upon reasonable prior notice to the Tenant (except in the case of an emergency), make repairs to the Leased Premises without notice if such repairs are, in the Landlord's ’s opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment installment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repair. Notwithstanding the above, no notice is required to be given by the Landlord to the Tenant for day-to-day repairs and maintenance performed, coordinated and/or contracted by the Landlord’s onsite personnel. A list of preferred contractors, as updated from time to time, shall be provided to the Tenant together with a list of additional contractors, including their names and contact information, used for day-to-day maintenance and repairs.

Appears in 1 contract

Samples: Lease Entire Agreement (Mitel Networks Corp)

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Tenant Repairs. To repairTenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary and all such repairs made by the Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Leased Premises and all trade the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred property or to as "Tenant's business by reason thereof, and upon completion thereof, Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will shall pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the costs plus ten percent (10%) for overhead incurred by Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the upon presentation to Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairbill therefor.

Appears in 1 contract

Samples: Insignia Systems Inc/Mn

Tenant Repairs. To repair(i) Tenant agrees that, from and after the commencement date of the term of this lease and until the end of the term, it will, at its expense, keep and maintain and keep the Leased Premises and all trade fixtures and improvements therein in good order, condition and substantial repair subject only to defects in construction (whether extraordinary, foreseen or unforeseen), the interior of the structural members of the Buildingdemised premises and every part thereof, reasonable wear including but not limited to, all heating, ventilation and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured air conditioning equipment (herein collectively sometimes hereinafter referred to as "HVAC Equipment") located in and/or exclusively servicing the demised premises (whether installed by Landlord or by or on behalf of Tenant), interior plumbing up to the exterior walls of the demised premises, including changes or additions to the sprinkler system, the interior electrical system servicing the demised premises, the life safety and/or any other systems to the point at which same join the main vertical risers for the Building and Tenant's Property, excluding those repairs and replacements for which Landlord is responsible, as herein expressly provided in Article 4. In addition, Tenant Repair Exceptions"); shall make all repairs and that replacements of any kind and nature necessitated by any act or neglect of Tenant, its contractors, its servants, agents or employees. Tenant shall maintain service contracts with contractors approved by Landlord for the maintenance of the HVAC Equipment throughout the term of this lease aNd shall provide Landlord may enter with copies of all such contracts and view state of repair and that the related maintenance records. If Tenant will repair according fails to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore containedmaintain such service contracts, the Landlord may in any event make repairs to may, but shall not be obligated to, after not less than five (5) days notice obtain such service contracts at the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection expense of the Building Tenant and the Tenant covenants and agrees with shall reimburse the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairpromptly upon request therefor.

Appears in 1 contract

Samples: Porta Systems Corp

Tenant Repairs. To Tenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair, and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain and keep all portions of the Leased Premises and all trade the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been given Tenant, in accordance with this Lease. Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred property or to as "Tenant's business by reason thereof, and upon completion thereof. Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will shall pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the costs plus fifteen percent (15%) for overhead incurred by Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the upon presentation to Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairbill therefor.

Appears in 1 contract

Samples: Basic Lease Terms (Atmi Inc)

Tenant Repairs. To repairTenant shall, at all times throughout the term of this Lease, including renewals and extensions, at its sole expense, keep and maintain the Premises in a clean, safe, and sanitary condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Leased Premises and all trade the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred property or to as "Tenant’s business by reason thereof, and upon completion thereof, Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will shall pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the costs plus fifteen percent (15%) for overhead incurred by Landlord shall have expended in making such repairs and that such sumsupon presentation to Tenant of bxxx therefore. Notwithstanding the foregoing, if not so paid within such timeprovided Tenant has engaged in a consistent, shall be recoverable from professional maintenance contract for the Tenant as rent in arrears. Provided further that in HVAC equipment serving the event that the Landlord from time to time makes any repairs as hereinbefore providedPremises, the then Tenant shall not be deemed required at lease termination to have been relieved from replace any HVAC equipment serving the obligation to repair and leave the Leased Premises in a good state of repairPremises.

Appears in 1 contract

Samples: Cardiovascular Systems Inc

Tenant Repairs. To repairTenant shall not suffer any damage, maintain and keep waste or deterioration to occur to the Leased Premises and all trade shall maintain the interior non-structural portions of the Leased Premises and the fixtures and improvements appurtenances therein in good and substantial repair subject only sightly condition, and shall make all repairs necessary to defects keep them in construction good working order and condition (including structural repairs when those are necessitated by the negligence or willful misconduct of the structural members of the BuildingTenant or its agents, reasonable employees, invitees, licensees or visitors) ordinary wear and tear and damage by fireActs of God excepted, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs subject to the Leased Premises without notice provisions of Articles 8 and 11 hereof. For purposes of this Lease, ordinary wear and tear shall not include any environmental contamination in violation of any Environmental Law. All repairs, replacements and restorations made by Tenant shall be equal in quality and class to the originals thereof and shall be completed in compliance with applicable law. Tenant covenants that any repairs or replacements (as the case may be) required by the terms of this Lease to be made by Tenant shall be commenced and completed expeditiously; provided, however, if such Tenant fails to make the repairs areor replacements, in an emergency promptly after notice, or otherwise fails to make the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due repairs or replacements within thirty (30) days after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that notice or in the event that the Landlord from time to time makes any repairs such repair or replacement is of such a nature as hereinbefore providedcannot with diligent effort be cured within said thirty (30) day period, the Tenant shall not have failed to commence to cure within said period or failed to diligently prosecute remedial efforts to completion within a reasonable time thereafter, then Landlord may, at its option, make the repairs or replacements, and the cost of such repairs or replacements shall be deemed charged to have been relieved from Tenant as Additional Rent and shall become payable by Tenant with the obligation to repair and leave payment of the Leased Premises in a good state of repairrent next due hereunder.

Appears in 1 contract

Samples: Office Lease (Ixion Biotechnology Inc)

Tenant Repairs. To repairTenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance repair and replacement if necessary, of all heating, ventilation, air conditioning lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Leased Premises and all trade the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the premises as required in this lease after notice shall have been given Tenant in accordance with this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred property or to as "Tenant's business by reason thereof, and upon completion thereof, Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will shall pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the costs plus fifteen percent (15%) for overhead incurred by Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from upon presentation to Tenant of xxxx therefor. Landlord agrees to assign all applicable warranties on equipment to Tenant upon completion of the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairtenant improvements.

Appears in 1 contract

Samples: Digital River Inc /De

Tenant Repairs. To repairTenant shall not suffer any damage, maintain and keep waste or deterioration to occur to the Leased Premises and all trade shall maintain the interior non-structural portions of the Leased Premises and the fixtures and improvements appurtenances therein in good and substantial repair subject only sightly condition, and shall make all repairs necessary to defects in construction keep them In good working order and condition (including structural repairs when those are necessitated by the negligence or willful misconduct of the structural members of the BuildingTenant or its agents, reasonable employees, invitees, licensees or visitors) ordinary wear and tear excepted, All repairs, replacements and damage restorations made by fire, lightning Tenant shall be equal in quality and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs class to the Leased Premises without notice originals thereof and shall be completed in compliance with applicable law. Tenant covenants that any repairs or replacements (as the case may be) required by the terms of this Lease to be made by Tenant shall be commenced and completed expeditiously; provided, however, if such Tenant fails to make the repairs areor replacements, in an emergency promptly after written notice, or otherwise fails to make the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due repairs or replacements within thirty (30) days after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that written notice or in the event that the Landlord from time to time makes any repairs such repair or replacement is of such a nature as hereinbefore providedcannot with diligent effort be cured within said thirty (30) day period, the Tenant shall not have failed to commence to cure within said period or failed to diligently prosecute remedial efforts to completion within a reasonable time thereafter, then Landlord may, at its option, make the repairs or replacements, and the cost of such repairs or replacements shall be deemed charged to have been relieved from Tenant as Additional Rent and shall become payable by Tenant with the obligation to repair and leave payment of the Leased Premises in a good state of repairrent next due hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Spheris Leasing LLC)

Tenant Repairs. To repairTenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and keep first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the Leased Premises maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, made by the Tenant shall not be deemed equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice shall have been relieved from given Tenant, in accordance with this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, and upon completion such thereof, Tenant shall pay to Landlord all costs plus fifteen percent (15%) for overhead incurred by Landlord in making repairs such upon presentation to Tenant of xxxx therefor. Landlord agrees to assign all applicable warranties on equipment to Tenant upon completion of the obligation to repair and leave the Leased Premises in a good state of repairtenant improvements.

Appears in 1 contract

Samples: Digital River Inc /De

Tenant Repairs. To Tenant shall, at all times throughout the term of this Lease, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant's obligations hereunder shall include, but not be limited to, the maintenance, repair, and replacement, if necessary, of all heating, ventilation, air conditioning, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks the replacement of all broken glass, trash and snow removal, landscaping, and pest control, as required under the circumstances. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain and keep all portions of the Leased Premises and all trade the sidewalk and parking areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after at least ten (10) days written notice shall have been given Tenant, except in the event of an emergency in which no notice shall be required, in accordance with this Lease, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred property or to as "Tenant's business by reason thereof, and upon completion thereof Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will shall pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the costs plus fifteen percent (15%) for overhead incurred by Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the upon presentation to Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repairxxxx therefor.

Appears in 1 contract

Samples: Lease Agreement (Research Inc /Mn/)

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