Common use of Tenant’s Maintenance Clause in Contracts

Tenant’s Maintenance. Tenant has examined and inspected and knows the condition of the Premises and every part thereof and has received the same in good order and repair and accepts the same in its present condition. Tenant shall, at Tenant's sole cost and expense keep the Premises and every part thereof, including, but not limited to, all Tenant's personal property, storefronts, plate glass, signs, windows, heating and air condition systems in good condition and repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the hereof, surrender the Premises to Landlord as improved by Tenant, ordinary wear and tear excepted. If, at any time, Premises shall fall into disrepair, Tenant shall have thirty (30) days from the date of receipt of written notice of such disrepair from Landlord to make the necessary repairs to place the Premises in good condition. If said repairs are not completed within said thirty (30) day period, Landlord may enter the Premises and begin to complete the necessary repairs and Tenant agrees to immediately reimburse Landlord for the cost of said repairs upon presentation by Landlord to Tenant a xxxx for said repairs. Landlord shall have no obligation to maintain, alter, remodel, improve, repair, decorate or paint the Premises or any, part thereof and the parties hereto affirm that Landlord has made no representations to Tenant in respect of the condition of the Premises except as specifically set forth herein.

Appears in 2 contracts

Samples: Courthouse Square (Global Food Technologies, Inc.), Courthouse Square (Global Food Technologies, Inc.)

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Tenant’s Maintenance. Except as expressly provided as Landlord’s obligation in Section 15(b) of this Lease, Tenant has examined shall keep the Premises in good condition and inspected repair (subject to normal wear and knows tear and damage due to casualty resulting in termination of this Lease) and in compliance with Landlord’s reasonable sustainability practices. All damage or injury to the condition Premises resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises and every part thereof and has received the same in good order and repair and accepts the same in Premises, shall be promptly repaired by Tenant at its present condition. Tenant shall, at Tenant's sole cost and expense keep (except to the extent covered by insurance, to the satisfaction of Landlord; provided, however, that for damage to the Premises as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Premises, Landlord shall have the right (but not the obligation) to select the contractor and every part oversee all such repairs. Subject to Section 15(b), Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within fifteen (15) business days from receipt of said written notice, and charge Tenant for the cost thereof, including, but not limited to, all Tenant's personal property, storefronts, plate glass, signs, windows, heating and air condition systems in good condition and repair, damage thereto from causes beyond the reasonable control of which cost shall be paid by Tenant and ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the hereof, surrender the Premises to Landlord as improved by Tenant, ordinary wear and tear excepted. If, at any time, Premises shall fall into disrepair, Tenant shall have within thirty (30) days from invoice from Landlord, unless stated differently in sections 15(a)(b) above. Tenant shall be responsible for the date design and function of receipt all non-standard improvements of written notice of such disrepair from the Premises, whether or not installed by Landlord at Tenant’s request. Tenant waives all rights to make repairs at the necessary repairs expense of Landlord, or to place the Premises in good condition. If said repairs are not completed within said thirty (30) day period, Landlord may enter the Premises and begin to complete the necessary repairs and Tenant agrees to immediately reimburse Landlord for deduct the cost of said repairs upon presentation by Landlord to Tenant a xxxx for said repairs. Landlord shall have no obligation to maintain, alter, remodel, improve, repair, decorate or paint thereof from the Premises or any, part thereof and the parties hereto affirm that Landlord has made no representations to Tenant in respect of the condition of the Premises except as specifically set forth hereinrent.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Galaxy Gaming, Inc.)

Tenant’s Maintenance. Tenant has examined Save and inspected and knows except for Landlord’s Extraordinary Repair Obligations during the condition first thirty six (36) months of the Premises initial Term only (but for greater certainty, no Extension Terms), Tenant shall, during the entire Term, at Tenant’s sole cost and every part thereof expense, maintain and has received repair, and make all necessary replacements in order to keep the same Tenant Space in good order and repair in a clean and accepts the same safe condition (and in its present condition. at least as good order and clean condition as when Tenant shall, at Tenant's sole cost and expense keep the Premises and every part thereof, including, but not limited to, all Tenant's personal property, storefronts, plate glass, signs, windows, heating and air condition systems in good condition and repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the hereof, surrender the Premises to Landlord as improved by Tenanttook possession), ordinary wear and tear (provided said ordinary wear and tear does not result in a state of disrepair) and damage due to Casualty (other than damages for which restoration would be required to be consistent with the Casualty Restoration Standard under Article 9 hereof), excepted. IfTo the extent such Tenant maintenance, repairs and/or replacements are covered by warranties or indemnities of Landlord’s contractors, subcontractors, suppliers and/or manufacturers, Landlord shall at no cost or expense to Landlord use commercially reasonable efforts to assign (if assignable) such warranties and indemnities to Tenant and Landlord shall at Tenant’s sole cost and expense cooperate with Tenant’s efforts to enforce any timesuch warranties or indemnities. If Tenant fails to perform its covenants of maintenance and repair hereunder, Premises and if such failure shall fall into disrepair, continue after written notice to Tenant shall have and thirty (30) days from for Tenant to cure such failure (or such additional time as may be reasonably required to effectuate such cure so long as Tenant is diligently pursuing such cure to completion, unless it is an emergency, in which case, the date matter must be immediately contained at Tenant’s sole cost and expense), then Landlord may, but shall not be obligated to, perform all necessary or appropriate maintenance, repairs and/or replacements and any third party out-of-pocket amounts reasonably expended by Landlord in connection therewith, plus an administrative charge of receipt of written notice fifteen percent (15%) of such disrepair from amounts, shall be reimbursed by Tenant to Landlord to make the necessary repairs to place the Premises in good condition. If said repairs are not completed within said thirty (30) day period, Landlord may enter the Premises and begin to complete the necessary repairs and Tenant agrees to immediately reimburse Landlord for the cost of said repairs upon presentation by Landlord to Tenant a xxxx for said repairs. Landlord shall have no obligation to maintain, alter, remodel, improve, repair, decorate or paint the Premises or any, part thereof and the parties hereto affirm that Landlord has made no representations to Tenant in respect of the condition of the Premises except as specifically set forth hereinAdditional Rent after Landlord’s demand therefor.

Appears in 1 contract

Samples: Indemnity Agreement (Equinix Inc)

Tenant’s Maintenance. Tenant has examined and inspected and knows the condition of the Premises and every part thereof and has received the same in good order and repair and accepts the same in its present condition. Tenant shall, at Tenant's sole cost and expense expense, keep and maintain the Premises, subfloors and floor coverings in good repair and in a clean and safe condition, casualties covered by insurance coverage excepted to the extent of proceeds received by Landlord. Tenant's obligations shall include the cleaning, operation, maintenance, repair and replacement of all utility systems and related equipment and portions thereof located within the Premises except to the extent Landlord performs such cleaning, operation, maintenance, repair and/or replacement under subparagraph 8(a) above because all or portions of the system and every part thereofequipment serve more than one tenant suite. Tenant shall, including, but not limited to, all at Tenant's personal propertyown expense, storefrontsimmediately replace all interior, plate glassexterior or other glass in or about the Premises that may be broken during the Term with glass at least equal to the specification and quality of the glass so replaced. If Tenant fails to perform Tenant's obligations under this subparagraph, signs, windows, heating Landlord may at its option enter upon the Premises after ten (10) days prior written notice to Tenant and air condition systems put the same in good order, condition and repair, damage thereto from causes beyond and the reasonable control cost thereof together with interest thereon at the rate of Tenant fifteen percent (15%) per annum shall become due and ordinary wear and tear exceptedpayable as additional rental to Landlord together with Tenant's next monthly Rent payment. Tenant shall, Nothing herein shall imply any duty upon the expiration or sooner termination part of the hereof, surrender the Premises to Landlord as improved by Tenant, ordinary wear and tear excepted. If, at any time, Premises shall fall into disrepair, Tenant shall have thirty (30) days from the date of receipt of written notice of such disrepair from Landlord to make do any such work and the necessary repairs to place the Premises in good condition. If said repairs are not completed within said thirty (30) day period, Landlord may enter the Premises and begin to complete the necessary repairs and Tenant agrees to immediately reimburse Landlord for the cost of said repairs upon presentation performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to Tenant a xxxx for said repairsperform the same. Landlord may, during the progress of any such work in or on the Premises, keep and store therein all necessary materials, tools, supplies and equipment. Landlord shall have no obligation to maintainnot be liable for the inconvenience, alterannoyance, remodeldisturbance, improveloss of business or other damage of Tenant by reason of making such repairs or the performance of any such work, repairor on account of bringing materials, decorate tools, supplies or paint equipment into or through the Premises or anyduring the course thereof, part thereof and the parties hereto affirm that Landlord has made no representations to obligations of Tenant in respect of the condition of the Premises except as specifically set forth hereinunder this Lease shall not be affected thereby.

Appears in 1 contract

Samples: Maxam Gold Corp

Tenant’s Maintenance. Tenant has examined Subject to the provisions of Articles Fourteen, Fifteen, Sixteen and inspected Seventeen, Tenant, at its expense, shall keep and knows the condition of maintain the Premises and every part thereof and has received the same all Tenant Additions in good order order, condition and repair and accepts in accordance with all Laws, except that Tenant shall not be required to make any structural repairs, structural improvements or structural alterations to the same in its present conditionPremises unless such are required as a result of any Tenant Additions or Tenant's specific manner of use of the Premises. Tenant shall, at Tenant's sole cost shall not permit waste and expense keep shall promptly and adequately repair all damages to the Premises and every part thereofreplace or repair all damaged or broken glass in the interior of the Premises, includingfixtures or appurtenances, unless caused by Landlord or its agents, employees or contractors. Any repairs or maintenance shall be completed with materials of similar quality to the original materials, all such work to be completed under the supervision of Landlord, but without charge to Tenant for such supervision. Any such repairs or maintenance shall be performed only by contractors or mechanics approved by Landlord, which approval shall not limited tobe unreasonably withheld, all Tenant's personal propertyconditioned or delayed and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. If Tenant fails to perform any of its obligations set forth in this Section 8.2, storefrontsand such failure is not due to Force Majeure, plate glassthen after notice as provided in Section 11.2(2), signsLandlord may, windowsin its sole discretion, heating unless Tenant commences performance within said notice period, perform the same, and air condition systems in good condition and repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the hereof, surrender the Premises shall pay to Landlord as improved any costs or expenses incurred by Landlord upon demand. Notwithstanding the preceding sentence, in cases of emergency, Landlord may, in its sole discretion (regardless of Force Majeure and without notice to Tenant) perform any obligation which Tenant has failed to perform, ordinary wear and tear excepted. If, at any time, Premises shall fall into disrepair, Tenant shall have thirty (30) days from the date of receipt of written notice of such disrepair from pay to Landlord to make the necessary repairs to place the Premises in good condition. If said repairs are not completed within said thirty (30) day period, Landlord may enter the Premises and begin to complete the necessary repairs and Tenant agrees to immediately reimburse Landlord for the cost of said repairs upon presentation any costs or expenses incurred by Landlord to Tenant a xxxx for said repairs. Landlord shall have no obligation to maintain, alter, remodel, improve, repair, decorate or paint the Premises or any, part thereof and the parties hereto affirm that Landlord has made no representations to Tenant in respect of the condition of the Premises except as specifically set forth hereinupon demand.

Appears in 1 contract

Samples: Lease (FSP 303 East Wacker Drive Corp.)

Tenant’s Maintenance. Tenant has examined and inspected and knows the condition of the Premises and every part thereof and has received the same in good order and repair and accepts the same in its present condition. Tenant shall, at Tenant's sole cost and expense expense, keep and maintain the Premises, subfloors and floor coverings in good repair and in a clean and safe condition, casualties covered by insurance coverage excepted to the extent of proceeds received by Landlord. Tenant's obligations shall include the cleaning, operation, maintenance, repair and replacement of all utility systems and related equipment and portions thereof located within the Premises except to the extent Landlord performs such cleaning, operation, maintenance, repair and/or replacement under subparagraph 8(a) above because all or portions of the system and every part thereofequipment serve more than one tenant suite. Tenant shall, including, but not limited to, all at Tenant's personal propertyown expense, storefrontsimmediately replace all interior, plate glassexterior or other glass in or about the Premises that may be broken during the Term with glass at least equal to the specification and quality of the glass so replaced. If Tenant fails to perform Tenant's obligations under this subparagraph, signs, windows, heating Landlord may at its option enter upon the Premises after ten (10) days prior written notice to Tenant and air condition systems put the same in good order, condition and repair, damage thereto from causes beyond and the reasonable control cost thereof together with interest thereon at the rate of Tenant eighteen percent (18%) per annum shall become due and ordinary wear and tear exceptedpayable as additional rental to Landlord together with Tenant's next monthly Rent payment. Tenant shall, Nothing herein shall imply any duty upon the expiration or sooner termination part of the hereof, surrender the Premises to Landlord as improved by Tenant, ordinary wear and tear excepted. If, at any time, Premises shall fall into disrepair, Tenant shall have thirty (30) days from the date of receipt of written notice of such disrepair from Landlord to make do any such work and the necessary repairs to place the Premises in good condition. If said repairs are not completed within said thirty (30) day period, Landlord may enter the Premises and begin to complete the necessary repairs and Tenant agrees to immediately reimburse Landlord for the cost of said repairs upon presentation performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to Tenant a xxxx for said repairsperform the same. Landlord may, during the progress of any such work in or on the Premises, keep and store therein all necessary materials, tools, supplies and equipment. Landlord shall have no obligation to maintainnot be liable for the inconvenience, alterannoyance, remodeldisturbance, improveloss of business or other damage of Tenant by reason of making such repairs or the performance of any such work, repairor on account of bringing materials, decorate tools, supplies or paint equipment into or through the Premises or anyduring the course thereof, part thereof and the parties hereto affirm that Landlord has made no representations to obligations of Tenant in respect of the condition of the Premises except as specifically set forth hereinunder this Lease shall not be affected thereby.

Appears in 1 contract

Samples: Pegasus Solutions Inc

Tenant’s Maintenance. Tenant has examined and inspected and knows Obligations Except to the condition of the Premises and every part thereof and has received the same in good order and repair and accepts the same in its present condition. extent such obligations are imposed upon Landlord hereunder, Tenant shall, at Tenant's its sole cost and expense keep expense, maintain the Premises and every part thereof, including, but not limited to, all Tenant's personal property, storefronts, plate glass, signs, windows, heating and air condition systems in good order, condition and repairrepair throughout the entire Lease Term, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shallagrees to keep the areas visible from outside the Premises in a neat, upon clean and attractive condition at all times. Tenant shall be responsible for all repairs replacements and alterations in and to the expiration Premises, Building and Property and the facilities and systems thereof, the need for which arises out of (1) Tenant’s use or sooner termination occupancy of the hereofPremises, surrender (2) the Premises to Landlord installation, removal, use or operation of Tenant’s Property (as improved by defined in Section 8, above), (3) the moving of Tenant’s Property into or out of the Building, or (4) the act, omission, misuse or negligence of Tenant, ordinary wear its agents, contractors, employees or invitees. All such repairs, replacements or alterations shall be performed in accordance with Section 10.B. below and tear exceptedthe rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If, at any time, Premises shall fall into disrepair, If Tenant shall have thirty (30) days from the date of receipt of written notice of such disrepair from Landlord fails to make the necessary repairs to place maintain the Premises in good conditionorder, condition and repair, Landlord shall give Tenant notice to perform such acts as are reasonably required to so maintain the Premises. If said repairs are not completed within said thirty (30) day periodTenant fails to promptly commence such work and diligently pursue it to its completion, then Landlord may enter the Premises and begin to complete the necessary repairs may, at is option, make such repairs, and Tenant agrees shall pay the cost thereof to immediately reimburse Landlord for on demand as Additional Rent, together with an administration charge in an amount equal to ten percent (10%) of the cost of said repairs upon presentation by Landlord to Tenant a xxxx for said such repairs. Landlord shall have no obligation shall, at its expense (except as included in Basic Costs) keep and maintain in good repair and working order and make all repairs to maintain, alter, remodel, improve, repair, decorate or paint the Premises or any, part thereof and the parties hereto affirm that Landlord has made no representations to Tenant in respect perform necessary maintenance upon: (a) all structural elements of the condition of Building; and (b) all mechanical, electrical and plumbing systems that serve the Premises except as specifically set forth hereinBuilding in general; and (c) the Building facilities common to all tenants including but not limited to, the ceilings, walls and floors in the Common Areas.

Appears in 1 contract

Samples: Office Lease Agreement (Mammoth Energy Services, Inc.)

Tenant’s Maintenance. Tenant has examined and inspected and knows the condition of the Premises and every part thereof and has received the same in good order and repair and accepts the same in its present condition. The Tenant shall, at the Tenant's sole cost and expense expense, keep and maintain the Premises in good condition and every part thereofrepair, and shall suffer no waste with respect thereto. The Tenant shall, at the Tenant's sole cost and expense, make all needed repairs and replacements, ordinary and extraordinary, including, but not limited toto replacement of cracked or broken glass, all and shall keep the plumbing units, pipes, and connections free from obstruction and protected against ice and freezing. The Tenant shall replace or repair, at the Tenant's personal propertysole cost and expense, storefronts, plate glass, signs, windows, heating and air condition systems in good condition and repair, any damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination caused to any portion of the hereofProperty, surrender the Premises to Landlord as improved Building, or any other Improvement by the Tenant, ordinary wear and tear exceptedits employees, contractors, representatives, or invitees. If, at any time, Premises shall fall into disrepair, All repairs by the Tenant shall have thirty (30) days from be at the date of receipt of written notice of such disrepair from Landlord to make Tenant's sole expense, under the necessary repairs to place the Premises in good conditionLandlord's supervision. If said repairs are not completed within said thirty (30) day period, Landlord may enter the Premises and begin to complete the necessary These repairs and Tenant agrees replacements will be of a quality equal to immediately reimburse Landlord for the cost of said repairs upon presentation by Landlord to Tenant a xxxx for said repairsoriginal work. Although the Landlord shall have no duty or obligation to maintainnotify the Tenant of needed repairs or maintenance, alterif any repairs or maintenance required to be made by the Tenant hereunder are not made within ten (10) days after written notice delivered to the Tenant by the Landlord designating the need for such repairs or maintenance, remodelthe Landlord may, improveat its option, repairmake such repairs, decorate or paint and the Tenant shall pay to the Landlord, upon demand, as additional rent hereunder, the cost of such repairs plus fifteen percent (15%) as an administration fee to the Landlord. At the expiration of this Lease, the Tenant shall surrender the Premises or in the same condition in which they existed at the commencement of this Lease, reasonable wear excepted, and shall surrender all keys for the Premises to the Landlord and shall inform the Landlord of all combinations on locks, safes, and vaults, if any, part thereof and in or upon the parties hereto affirm that Landlord has made no representations to Tenant in respect of the condition of the Premises except as specifically set forth hereinPremises.

Appears in 1 contract

Samples: Lease Agreement (Clyde Companies Inc)

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Tenant’s Maintenance. Tenant has examined and inspected and knows the condition of the Premises and every part thereof and has received the same in good order and repair and accepts the same in its present condition. Tenant shall, at Tenant's sole cost and expense expense, keep and maintain the Premises in good order and every part thereofrepair, including, but without limitation, the roof, outside wall surfaces (including that if the Landlord reasonably determines that the Building requires painting during the initial seven (7) year Term, Tenant shall pay for the cost of painting the Building; provided, however, that in the event that Tenant does not limited toexercise any option to extend this Lease, the Landlord shall reimburse the Tenant for half the cost of painting the Building at the expiration of the initial seven (7) year Term, foundation and subfloors (to the extent such maintenance or repair is required as a result of Tenant's activities in the Building), floor coverings, the electrical, plumbing and HVAC systems, any and all non-structural alterations and additions made by Landlord or Tenant pursuant to the provisions hereof, all walks, driveways, parking and loading areas, lawns and landscaping, fences and signs located in the areas which are adjacent to or included with the Premises, in all respects in good repair and in a clean and safe condition. Tenant shall, at Tenant's personal propertyown expense, storefrontsimmediately replace all interior, plate glassexterior or other glass in or about the Premises that may be broken during the Term with glass at least equal to the specification and quality of the glass so replaced. If Tenant fails to perform Tenant's obligations under this subparagraph, signs, windows, heating Landlord may at its option enter upon the Premises after ten (10) days prior written notice to Tenant and air condition systems put the same in good order, condition and repair, damage thereto from causes beyond and the reasonable control cost thereof together with interest thereon at the rate of Tenant ten percent (10%) per annum, or the maximum legal rate if the rate of ten percent (10%) per annum is usurious, shall become due and ordinary wear and tear exceptedpayable as additional rental to Landlord together with Tenant's next monthly Rent payment. Tenant shall, Nothing herein shall imply any duty upon the expiration or sooner termination part of the hereof, surrender the Premises to Landlord as improved by Tenant, ordinary wear and tear excepted. If, at any time, Premises shall fall into disrepair, Tenant shall have thirty (30) days from the date of receipt of written notice of such disrepair from Landlord to make do any such work and the necessary repairs to place the Premises in good condition. If said repairs are not completed within said thirty (30) day period, Landlord may enter the Premises and begin to complete the necessary repairs and Tenant agrees to immediately reimburse Landlord for the cost of said repairs upon presentation performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to Tenant a xxxx for said repairsperform the same. Landlord may, during the progress of any such work in or on the Premises, keep and store therein all necessary materials, tools, supplies and equipment. Landlord shall have no obligation to maintainnot be liable for the inconvenience, alterannoyance, remodeldisturbance, improveloss of business or other damage of Tenant by reason of making such repairs or the performance of any such work, repairor on account of bringing materials, decorate tools, supplies or paint equipment into or through the Premises or anyduring the course thereof, part thereof and the parties hereto affirm that Landlord has made no representations obligations of Tenant under this Lease shall not be affected thereby, except to the extent such inconvenience, annoyance, disturbance, loss of business or other damage to Tenant in respect results from the willful misconduct or negligence of the condition of the Premises except as specifically set forth hereinLandlord.

Appears in 1 contract

Samples: Hold Harmless Agreement (Catalytica Energy Systems Inc)

Tenant’s Maintenance. Tenant has examined will keep and inspected maintain the Premises (except to the extent otherwise provided herein that such maintenance is Landlord’s obligation (e.g. Building standard fire protection equipment)), in reasonably good condition and knows repair consistent with first class office, broadcast and data center standards, normal wear and tear and casualty or other damage that is not otherwise Tenant’s obligation under this Lease excepted. Tenant’s maintenance and repair obligations may, at Tenant’s election, include security, janitorial and cleaning services and supplies for the Premises, but shall not include the following, which shall be maintained by Landlord: the Building fire alarm system, the Building fire protection system, the Building-wide security system, power generation, and HVAC systems (including the chilled water piping and the connection between chilled water piping and Tenant’s HVAC system). Except as otherwise expressly agreed upon in Article 9 below, upon the permanent vacation by Tenant of the Premises, Tenant may, at its option, remove all affixed appurtenances installed by or for the benefit of Tenant, including but not limited to fixtures and broadcast communication and computer equipment installed by Tenant, and shall surrender the Premises in the condition present at the Commencement Date, excepting only normal wear and tear and casualty or other damage that is not otherwise Tenant’s obligation under this Lease. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall not be required to remove the Premises and every part thereof and has received flooring tiles, floor, interior or office build out, internal stairways, or tenant improvements affixed to the same in good order and repair and accepts the same in its present conditionPremises. Tenant shall, at Tenant's sole cost and expense keep the Premises and every part thereofits own expense, including, but not limited to, all Tenant's personal property, storefronts, plate replace any broken or damaged interior glass, signs, windows, heating doors, locks, jambs and air condition systems in good condition partition walls, and repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination such replacement items shall be of the hereof, surrender same quality and design as those installed in the Premises to as of the Commencement Date. Notwithstanding the foregoing, Landlord as improved shall be responsible, at Landlord’s sole expense, for repairing all latent defects in the Premises (other than those that are a part of the improvements installed by Tenant) during the Lease Term (including any holdover period), ordinary wear and tear excepted. If, at any time, Premises shall fall into disrepair, even if Tenant shall have thirty (30) days from had otherwise agreed in this Section 8.3 to maintain the date of receipt of written notice of such disrepair from Landlord to make the necessary repairs to place the Premises in good condition. If said repairs are not completed within said thirty (30) day period, Landlord may enter the Premises and begin to complete the necessary repairs and Tenant agrees to immediately reimburse Landlord for the cost of said repairs upon presentation by Landlord to Tenant a xxxx for said repairs. Landlord shall have no obligation to maintain, alter, remodel, improve, repair, decorate or paint the Premises or any, part thereof and the parties hereto affirm that Landlord has made no representations to Tenant in respect affected portion of the condition of the Premises except as specifically set forth hereinPremises.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Fisher Communications Inc)

Tenant’s Maintenance. Tenant has examined will keep and inspected maintain the Premises (except to the extent otherwise provided herein that such maintenance is Landlord’s obligation (e.g. Building standard fire protection equipment)), in reasonably good condition and knows repair consistent with first class office, broadcast and data center standards, normal wear and tear and casualty or other damage that is not otherwise Tenant’s obligation under this Lease excepted. Tenant’s maintenance and repair obligations may, at Tenant’s election, include security, janitorial and cleaning services and supplies for the Premises, but shall not include the following, which shall be maintained by Landlord: the Building fire alarm system, the Building fire protection system, the Building-wide security system, power generation, and HVAC systems (including the chilled water piping and the connection between chilled water piping and Tenant’s HVAC system). Except as otherwise expressly agreed upon in Article 9 below, upon the permanent vacation by Tenant of the Premises, Tenant may, at its option, remove all affixed appurtenances installed by or for the benefit of Tenant, including but not limited to fixtures and broadcast communication and computer equipment installed by Tenant, and shall surrender the Premises in the condition present at the Commencement Date, excepting only normal wear and tear and casualty or other damage that is not otherwise Tenant’s obligation under this Lease. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall not be required to remove the Premises and every part thereof and has received flooring tiles, floor, interior or office build out,internal stairways, or tenant improvements affixed to the same in good order and repair and accepts the same in its present conditionPremises. Tenant shall, at Tenant's sole cost and expense keep the Premises and every part thereofits own expense, including, but not limited to, all Tenant's personal property, storefronts, plate replace any broken or damaged interior glass, signs, windows, heating doors, locks, jambs and air condition systems in good condition partition walls, and repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination such replacement items shall be of the hereof, surrender same quality and design as those installed in the Premises to as of the Commencement Date. Notwithstanding the foregoing, Landlord as improved shall be responsible, at Landlord’s sole expense, for repairing all latent defects in the Premises (other than those that are a part of the improvements installed by Tenant) during the Lease Term (including any holdover period), ordinary wear and tear excepted. If, at any time, Premises shall fall into disrepair, even if Tenant shall have thirty (30) days from had otherwise agreed in this Section 8.3 to maintain the date of receipt of written notice of such disrepair from Landlord to make the necessary repairs to place the Premises in good condition. If said repairs are not completed within said thirty (30) day period, Landlord may enter the Premises and begin to complete the necessary repairs and Tenant agrees to immediately reimburse Landlord for the cost of said repairs upon presentation by Landlord to Tenant a xxxx for said repairs. Landlord shall have no obligation to maintain, alter, remodel, improve, repair, decorate or paint the Premises or any, part thereof and the parties hereto affirm that Landlord has made no representations to Tenant in respect affected portion of the condition of the Premises except as specifically set forth hereinPremises.

Appears in 1 contract

Samples: Lease (Fisher Communications Inc)

Tenant’s Maintenance. Tenant has examined and inspected and knows the condition of the Premises and every part thereof and has received the same in good order and repair and accepts the same in its present condition. Tenant shall, at Tenant's sole cost and expense expense, keep and maintain the Premises and every part thereofPremises, including, but not limited towithout limitation, the roof and outside wall surfaces, the subfloors and floor coverings, any and all alterations and additions made by Tenant pursuant to the provisions hereof, all walks, driveways, parking and loading areas, lawns and landscaping, fences and signs located in the areas which are adjacent to or included with the Premises, in all respects in good repair and in a clean and safe condition. Tenant shall, at Tenant's personal propertyown expense, storefrontsimmediately replace all interior, plate glassexterior or other glass in or about the Premises that may be broken during the Term with glass at least equal to the specification and quality of the glass so replaced. If Tenant fails to perform Tenant's obligations under this subparagraph, signs, windows, heating Landlord may at its option enter upon the Premises after ten (10) days prior written notice to Tenant and air condition systems put the same in good order, condition and repair, damage thereto from causes beyond and the reasonable control cost thereof together with interest thereon at the rate of Tenant fifteen percent (15%) per annum shall become due and ordinary wear and tear exceptedpayable as additional rental to Landlord together with Tenant's next monthly Rent payment. Tenant shall, Nothing herein shall imply any duty upon the expiration or sooner termination part of the hereof, surrender the Premises to Landlord as improved by Tenant, ordinary wear and tear excepted. If, at any time, Premises shall fall into disrepair, Tenant shall have thirty (30) days from the date of receipt of written notice of such disrepair from Landlord to make do any such work and the necessary repairs to place the Premises in good condition. If said repairs are not completed within said thirty (30) day period, Landlord may enter the Premises and begin to complete the necessary repairs and Tenant agrees to immediately reimburse Landlord for the cost of said repairs upon presentation performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to Tenant a xxxx for said repairsperform the same. Landlord may, during the progress of any such work in or on the Premises, keep and store therein all necessary materials, tools, supplies and equipment. Landlord shall have no obligation to maintainnot be liable for the inconvenience, alterannoyance, remodeldisturbance, improveloss of business or other damage of Tenant by reason of making such repairs or the performance of any such work, repairor on account of bringing materials, decorate tools, supplies or paint equipment into or through the Premises or anyduring the course thereof, part thereof and the parties hereto affirm that Landlord has made no representations to obligations of Tenant in respect of the condition of the Premises except as specifically set forth hereinunder this Lease shall not be affected thereby.

Appears in 1 contract

Samples: Extend Lease Term (Action Performance Companies Inc)

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