Common use of Tenant’s Repair Obligations Clause in Contracts

Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairs.

Appears in 2 contracts

Samples: Office Lease (GP Investments Acquisition Corp.), Office Lease (Rimini Street, Inc.)

AutoNDA by SimpleDocs

Tenant’s Repair Obligations. Tenant shall shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Buildings on which the Premises is located and any of Tenant’s improvements, property or equipment located outside of the Premises (such items located outside of the Premises, are, collectively, “Tenant’s Off-Premises Equipment”), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and repairsubject to the prior approval of Landlord and the terms of Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) or beyond the interior side reasonable control of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenantprovided however, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If if Tenant fails to commence to make any such repairs to the Premises for more than 15 within ten (10) business days after following notice from Landlord (although notice shall not be required if there is an emergency)Landlord, Landlord may, in addition to any other remedy available to Landlordbut need not, make the repairssuch repairs and replacements, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoicethereof, together with an administrative charge in an amount equal to 15% including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Subject to the provisions of Article 27 below, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the repairsCalifornia Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

Tenant’s Repair Obligations. Tenant shall shall, at Tenant’s own expense, pursuant to the terms of this Lease, including, without limitation, Article 8 hereof, keep the Premises Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense (except to the extent caused by Landlord’s gross negligence or intentional act), but under the supervision and repairsubject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including, without limitation, Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) or beyond the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit reasonable control of Tenant whether located in or to the Premises extent due to Landlord’s gross negligence or in other portions of the Buildingintentional act; (6) supplemental air conditioning unitsprovided however, private showers and kitchensthat, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenantat Landlord’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give option upon written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such noticeTenant, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If if Tenant fails to make any repairs to the Premises for more than 15 days after notice from such repairs, Landlord (although notice shall not be required if there is an emergency), Landlord or Landlord’s property manager) may, in addition to any other remedy available to Landlordbut need not, make the repairssuch repairs and replacements, and Tenant shall pay to Landlord the reasonable cost of the repairs (or Landlord’s property manager) within 30 thirty (30) days after Tenant’s receipt of an invoicewritten request for payment, together with an administrative charge reasonable documentation of such costs, Landlord’s actual, out-of-pocket costs thereof. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in an amount equal the Project as Landlord shall desire or deem necessary or as Landlord may be required to 15% do by governmental or quasi-governmental authority or court order or decree. Landlord shall at all times when entering the Premises comply with Tenant’s reasonable safety rules and regulations and laboratory protocols of which Landlord has knowledge of, and, at Tenant’s option, shall be accompanied or escorted by Tenant’s representative at all times when entering the cost Premises, so long as such representative is made available when Landlord or its agents need to enter the Premises. Tenant shall be responsible for supplying its own janitorial services for the Premises using contractors and subcontractors who are licensed in the State of Utah and bonded and who must be approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Tenant agrees not to employ any person, entity or contractor for any janitorial services in the repairsPremises whose presence may give rise to a labor or other disturbance in the Building. Landlord shall have the right to require that Tenant cause any of its janitorial service providers to obtain and maintain insurance as reasonably determined by Landlord and as to which Landlord and such other parties designated by Landlord shall be additional insureds. Except as expressly set forth in this Lease, Tenant hereby waives and releases its right to make repairs at Landlord’s expense under any applicable law, statute, or ordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairs.

Appears in 2 contracts

Samples: Office Lease (CSR PLC), Office Lease (Power Efficiency Corp)

Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, except with respect to the items in (9) above, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If any of the foregoing repairs are necessitated due to the negligent acts or omissions of any Landlord Party, Landlord shall be responsible for the cost of repairs; provided, however, such costs shall be reduced by insurance proceeds actually received by Tenant relating to such repairs. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 155% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease (Cardium Therapeutics, Inc.)

Tenant’s Repair Obligations. Except as provided in Section 11.2 below, Tenant shall keep at all times and at Tenant's sole cost and expense, keep, maintain, clean, repair, renovate, replace and preserve the Premises and all parts thereof, including, without limitation, the non-structural portions of the Building, utility meters, plumbing, pipes and conduits, all heating, ventilating and air conditioning systems located within the Premises, all fixtures, furniture and equipment, Tenant's signs, if any, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, restrooms, ceilings, interior walls, roof, skylights, interior and demising walls, doors, electrical and lighting equipment, sprinkler systems, parking areas, driveways, walkways, parking lots, loading dock areas and doors (including, without limitation, roll up doors), rail spur areas, fences, signs, lawns and landscaping, if any, all Tenant Improvements, Tenant Changes or other alterations, additions and other property and/or fixtures located within the Premises in good condition and repair, ordinary reasonable wear and tear excepted. Tenant’s 's repair and maintenance obligations shall include, without limitationbut not be limited to, slurry coating the parking areas every thirty (30) months; parking area and driveway sweeping and repairing; and responsibility for painting. Tenant shall at all times during the Term make all non-structural changes, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) and improvements to the interior side Premises of demising walls; (5) electronicevery kind and nature, phone and data cabling and related equipment (collectivelywhether ordinary or extraordinary, “Cable”) that is installed foreseen or unforeseen, which may be required by any Laws or for the benefit of Tenant whether located in the Premises or in other portions safety of the Building; (6) supplemental Premises. Tenant agrees to procure and maintain maintenance contracts for all heating, ventilating and air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by systems with reputable contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors reasonably approved by Landlord. All work that is Tenant’s responsibility hereunder Such maintenance and repairs shall be performed with due diligence, lien-free and in a good and workmanlike manner, by licensed contractor(s) which are selected by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from approved by Landlord, which approval Landlord (although notice shall not unreasonably withhold or delay; provided that no such approval of Landlord is required for any one-time service work under $5,000.00. Tenant shall be required if there is an emergency)responsible for employing a janitorial and maintenance service for the Premises, Landlord may, in addition to any other remedy available to which contractor shall provide services five (5) days per week and shall be reasonably approved by Landlord, make the repairs, and Tenant hereby acknowledges that Landlord shall pay have no obligation whatsoever to Landlord provide such services at the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsPremises.

Appears in 1 contract

Samples: Single Tenant Lease (Biocept Inc)

Tenant’s Repair Obligations. Except for Landlord's obligations specifically set forth in Sections 11.1. 11.2, 16.1, 18.1 and 19.2 hereof, Tenant shall keep at all times and at Tenant's sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary, the Premises and all parts thereof including, without limitation, all Tenant Improvements, Tenant Changes, utility meters, all special or supplemental HVAC systems, electrical systems, pipes and conduits, located within the Premises, all fixtures, furniture and equipment, Tenant's storefront (if any), Tenant's signs, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen and/or restroom facilities and appliances located within the Premises to the extent such facilities and appliances are intended for the exclusive use of Tenant, if any, custom lighting, and any alterations, additions and other property located within the Premises in good first-class condition and repair, ordinary reasonable wear and tear excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, repairs to: (1) floor covering and/or raised flooring; (2) any and all interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronicglazing, phone doors and data cabling plate and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located other glass in the Premises (but not Building windows or doors) which is damaged or broken from any cause whatsoever except due to the gross negligence or willful misconduct of Landlord, its agents or employees. Such maintenance and repairs shall be performed with due diligence, lien-free and in other portions of the Building; (6a first-class and workmanlike manner, by licensed contractor(s) supplemental air conditioning units, private showers which are selected by Tenant and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord, which approval Landlord shall not unreasonably withhold or delay. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except Except as otherwise expressly provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency)this Lease, Landlord mayshall have no obligation to alter, in addition to remodel, improve, repair, renovate, redecorate or paint all or any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost part of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsPremises.

Appears in 1 contract

Samples: Office Lease (Websidestory Inc)

Tenant’s Repair Obligations. During the Lease Term, Tenant shall promptly make all repairs, perform all maintenance, and make all replacements in and to the Premises (provided however, that with respect to the Roof Terrace, Tenant shall only be required to make such maintenance or repairs (i) required to be made to any Alterations to the Roof Terrace or Tenant’s Property on the Roof Terrace made or installed by Tenant, (ii) required by reason of any such Alterations or Tenant’s Property, and (iii) required by reason of Tenant’s or any of its Invitees damage, regardless if caused by such party’s negligence or intentional misconduct) that are necessary or desirable to keep the Premises in good condition and repair, in a clean, safe and tenantable condition, and otherwise in accordance with all Requirements and the requirements of this Lease applicable to Tenant. Tenant shall maintain all fixtures, furnishings and equipment and lighting fixtures and bulbs located in, or exclusively serving, the Premises in clean, safe and sanitary condition, shall take good care thereof and make all required repairs and replacements thereto. Tenant shall give Landlord prompt written notice upon Tenant obtaining actual knowledge of any defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof. Tenant shall suffer no waste or injury to any part of the Premises and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises broom clean in an order and condition at least equal to the order and condition on applicable date that each such portion of the Premises was delivered to Tenant (and with respect to any Must Take Expansion Premises, as of the date Tenant first commences business operating within such Must Take Expansion Premises), subject to subsequent Alterations, ordinary wear and tear exceptedand as otherwise provided in Article XVII (Damage or Destruction). Except as otherwise provided in Article XVII (Damage or Destruction), all injury, breakage and damage to the Premises and to any other part of the Building or the Land caused by any act or omission of any Invitees or Tenant, shall be repaired by and at Tenant’s repair obligations includeexpense, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) except that Landlord shall have the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenantright at Landlord’s furnishings, trade fixtures, equipment and inventory. Prior option to performing make any such repair obligation, and to charge Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified for all costs and expenses incurred in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsconnection therewith.

Appears in 1 contract

Samples: Office Lease (2U, Inc.)

Tenant’s Repair Obligations. Tenant shall shall, at its own expense, keep and maintain the Premises in good condition and repairsanitary condition, ordinary wear working order and tear exceptedrepair during the Term. Tenant’s Tenant shall promptly and adequately repair obligations includeall damage to the Premises and restore, without limitationreplace or repair all damaged or broken glass, repairs to: (1) floor covering and/or raised flooringcarpet, wallcovering, doors, fixtures, equipment, improvements and appurtenances; (2) interior partitions; (3) doors; (4) provided, however, that Tenant shall not be obligated to repair or replace the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by roof or for the benefit of Tenant whether located any structural defects in the Premises Premises, or in other portions of the Building; (6) supplemental heating and air conditioning unitssystems servicing the Premises, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively except to the extent that such repair or replacement are necessitated by Tenant; (8) Alterations (defined below) performed by contractors retained by the act or neglect of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishingsits agents, trade fixtures, equipment and inventoryservants or employees. Prior to performing In the event that any such repair obligationrepairs, maintenance or replacements are required, Tenant shall give written notice to promptly arrange for the same either through Landlord describing the necessary maintenance or repair. Upon receipt of for such notice, reasonable charges as Landlord may elect either from time to perform any of the maintenance or repair obligations specified in such noticetime establish, or require that Tenant perform such obligations by using contractors as Landlord generally uses at the Property or such other contractors as Landlord shall first approve in writing, and in a first class, workmanlike manner approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense Landlord in accordance with the rules and procedures described advance in Section 9.C belowwriting. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall does not be required if there is an emergency)fulfill its obligations under this Subsection 12.1, Landlord may, in addition to any other remedy available to Landlordbut need not, make the repairssuch repairs and replacements, and Tenant shall pay to Landlord the cost thereof, plus an additional fifteen percent (15%) to cover Landlord’s overhead and related expenses, immediately upon written demand therefor. Landlord may enter the Premises at all reasonable times to make such repairs and replacements and any other repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment or system located in the Building. Notwithstanding anything contained herein to the contrary, if any damage to the Premises or the Property or to any equipment or system thereon (including but not limited to the roof of the Building or any heating, air conditioning and ventilation systems serving the Premises) or appurtenance thereto results from any act, omission or neglect of Tenant or of Tenant’s contractors, agents or employees, Landlord may but is not obligated to, at Landlord’s option, repair such damage, and Tenant shall reimburse Landlord immediately upon written demand for the total cost of the repairs within 30 days after receipt of such repairs, plus an invoice, together with an administrative charge in an amount equal additional fifteen percent (15%) to 15% of the cost of the repairscover Landlord’s overhead and related expenses.

Appears in 1 contract

Samples: Ulta Salon, Cosmetics & Fragrance, Inc.

Tenant’s Repair Obligations. Tenant shall keep the Premises in good condition and repair, ordinary wear and tear and damage from casualty excepted. Tenant’s repair obligations 2100 SPACE PARK DRIVE/LOCKHEED XXXXXX CORPORATION Office Lease include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 157% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Fund Ii)

Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises in good condition and repair, ordinary wear and tear excepted. 18 (which standard shall be set by comparison of the Tenant’s electrical consumption with the electrical consumption of other general office use tenants in the Building that do not have submeters) 19 , but only if Landlord is installing submeters for all tenants or has a reasonable belief that Tenant’s electrical consumption is above Building standard 20 (which standard shall be set by comparison of the Tenant’s overall usage, voltage rated capacity, use beyond Normal Business Hours, and overall electrical load with the overall usage, voltage rated capacity, use beyond Normal Business Hours and overall electrical load of other general office use tenants in the Building that do not have submeters) Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether and located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing reserves the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either right to perform any of the foregoing maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations be performed by using contractors a contractor approved by Landlord, all at Tenant’s expense. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs to Landlord within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease (Gainsco Inc)

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth elsewhere in this Lease and in Section 8.1 above and in the Summary, Tenant shall at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary, the interior of the Premises and all parts thereof including, without limitation, all Tenant Improvements, Alterations, and all furniture, fixtures and equipment, including, without limitation, all computer, telephone and data cabling and equipment, Tenant’s signs, if any, door locks, closing devices, security devices, interior of windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen, restroom facilities and/or appliances of any kind located within the Premises, if any, custom lighting, and any additions and other property located within the Premises, so as to keep all of the foregoing elements of the Premises in good condition and repair, ordinary reasonable wear and tear and casualty damage excepted. Tenant shall replace, at its expense, any and all plate and other glass in and about the Premises which is damaged or broken by Tenant and/or any of Tenant’s repair obligations includeParties, without limitationexcept due to the negligence or willful misconduct of Landlord, its agents or employees. Such maintenance and repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronicshall be performed with due diligence, phone lien-free and data cabling in a first-class and related equipment (collectivelyworkmanlike manner, “Cable”by licensed contractor(s) that is installed are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or for the benefit of Tenant whether located in the Premises or in delay. All other portions repair and maintenance of the Building; (6) supplemental air conditioning unitsPremises, private showers Building and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) Property to be performed by contractors retained by Tenant, including related HVAC balancing; if any, shall be as provided in the Summary. If Tenant refuses or neglects to repair and maintain the Premises properly as required hereunder to the reasonable satisfaction of Landlord, then at any time following ten (910) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior days from the date on which Landlord makes a written demand on Tenant to performing any effect such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such noticeand maintenance, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to enter upon the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, and make the repairssuch repairs and/or maintenance, and upon completion thereof, Tenant shall agrees to pay to Landlord the reasonable cost as Additional Rent, Landlord’s costs for making such repairs plus an amount not to exceed five percent (5%) of the repairs such costs for overhead, within 30 thirty (30) days after receipt from Landlord of an invoice, together with an administrative charge in an amount equal to 15% of a written itemized xxxx therefor. Any amounts not reimbursed by Tenant within such thirty (30) day period will bear interest at the cost of the repairsInterest Rate until paid by Tenant.

Appears in 1 contract

Samples: Attornment Agreement (Inphi Corp)

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth elsewhere in this Lease and in Section 8.1 above and in the Summary, Tenant shall at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary, the interior of the Premises and all parts thereof including, without limitation, all Tenant Improvements, Alterations, and all furniture, fixtures and equipment, including, without limitation, all computer, telephone and data cabling and equipment, Tenant’s signs, if any, door locks, closing devices, security devices, interior of windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen, restroom facilities and/or appliances of any kind located within the Premises, if any, custom lighting, and any additions and other property located within the Premises, so as to keep all of the foregoing elements of the Premises in good condition and repair, ordinary reasonable wear and tear and casualty damage excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, any and all plate and other glass in and about the Premises which is damaged or broken from any cause whatsoever except due to the negligence or willful misconduct of Landlord, its agents or employees. Such maintenance and repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronicshall be performed with due diligence, phone lien-free and data cabling in a first-class and related equipment (collectivelyworkmanlike manner, “Cable”by licensed contractor(s) that is installed are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or for the benefit of Tenant whether located in the Premises or in delay. All other portions repair and maintenance of the Building; (6) supplemental air conditioning unitsPremises, private showers Building and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) Property to be performed by contractors retained by Tenant, including related HVAC balancing; if any, shall be as provided in the Summary. If Tenant refuses or neglects to repair and maintain the Premises properly as required hereunder to the reasonable satisfaction of Landlord, then at any time following ten (910) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior days from the date on which Landlord makes a written demand on Tenant to performing any effect such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such noticeand maintenance, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to enter upon the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, and make the repairssuch repairs and/or maintenance, and upon completion thereof, Tenant shall agrees to pay to Landlord the reasonable cost of the as Additional Rent, Landlord’s costs for making such repairs within 30 days after receipt of an invoice, together with an administrative charge in plus an amount equal not to 15% exceed ten percent (10%) of such costs for overhead, within ten (10) business days of receipt from Landlord of a written itemized xxxx therefor. Any amounts not reimbursed by Tenant within such ten (10) business day period will bear interest at the cost of the repairsInterest Rate until paid by Tenant.

Appears in 1 contract

Samples: Trulia, Inc.

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth elsewhere in this Lease and in Section 8.1 above and in the Summary, Tenant shall at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary, the interior of the Premises and all parts thereof including, without limitation, all Tenant Improvements, Alterations, and all furniture, fixtures and equipment, including, without limitation, all computer, telephone and data cabling and equipment, Tenant’s signs, if any, door locks, closing devices, security devices, interior of windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen, restroom facilities and/or appliances of any kind located within the Premises, if any, custom lighting, and any additions and other property located within the Premises, so as to keep all of the foregoing elements of the Premises in good condition and repair, ordinary reasonable wear and tear and casualty damage excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, any and all plate and other glass in and about the Premises which is damaged or broken from any cause whatsoever except due to the negligence or willful misconduct of Landlord, its agents or employees. Such maintenance and repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronicshall be performed with due diligence, phone lien-free and data cabling in a first-class and related equipment (collectivelyworkmanlike manner, “Cable”by licensed contractor(s) that is installed are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or for the benefit of Tenant whether located in the Premises or in delay. All other portions of the Building; (6) supplemental air conditioning units, private showers repair and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) maintenance to be performed by contractors retained by Tenant, including related HVAC balancing; if any, shall be as provided in the Summary. If Tenant refuses or neglects to perform any repair and maintenance required of Tenant under this Lease properly as required hereunder to the reasonable satisfaction of Landlord, then at any time following ten (910) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior days from the date on which Landlord makes a written demand on Tenant to performing any effect such repair obligation, and maintenance (provided that Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of has not commenced such noticerepair and maintenance), Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is repairs and/or maintenance on Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairsbehalf, and upon completion thereof, Tenant shall agrees to pay to Landlord the reasonable cost as Additional Rent, Landlord’s costs for performing such maintenance and/or repairs plus an amount not to exceed ten percent (10%) of the repairs such costs for overhead, within 30 ten (10) business days after receipt from Landlord of an invoice, together with an administrative charge in an amount equal to 15% of a written itemized xxxx therefor. Any amounts not reimbursed by Tenant within such ten (10) business day period will bear interest at the cost of the repairsInterest Rate until paid by Tenant.

Appears in 1 contract

Samples: Office Lease (Alteryx, Inc.)

Tenant’s Repair Obligations. Except for Landlord's obligations specifically set forth in Sections 11.2, 11.3, 18.1 and 19.2 hereof, Tenant shall keep at all times and at Tenant's sole cost and expense, keep, maintain, clean, repair and preserve the Premises and all parts thereof, both structural and non- structural, in good working order and repair including, without limitation, utility meters, plumbing, pipes and conduits, all heating, ventilating and air conditioning systems located within the Premises, all fixtures, furniture and equipment, Tenant's signs, if any, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, restrooms, ceilings, roof membranes, skylights, interior and demising walls, doors, electrical and lighting equipment, sprinkler systems, walkways, loading dock areas and doors, rail spur areas, fences and signs, if any, and any Tenant Improvements, Tenant Changes or other alterations, additions and other property and/or fixtures located within the Premises in good condition and repair, ordinary reasonable wear and tear excepted. Tenant’s repair obligations includeTenant agrees to procure and maintain maintenance contracts for all heating, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone ventilating and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by systems with reputable contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors reasonably approved by Landlord. All work , provided that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, at Landlord's option, procure such contract in addition which event Tenant shall reimburse Landlord for Landlord's actual costs therefore. In the event said system requires repair work to any other remedy available to Landlordbe performed, make Landlord shall contract for the repairsperformance of such repair work at Tenant's sole cost and expense, and Tenant shall pay to promptly reimburse Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of for the cost of the repairssame upon Landlord's demand therefor. Tenant shall replace, at its expense, any and all plate and other glass in and about the Premises which is damaged or broken from any cause whatsoever except due to the gross negligence or willful misconduct of Landlord, its agents or employees. Such maintenance and repairs shall be performed with due diligence, lien-free and in a good and workmanlike manner, by licensed contractor(s) which are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or delay. Except as otherwise expressly provided in this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, renovate, or redecorate all or any part of the Premises.

Appears in 1 contract

Samples: Synbiotics Corp

Tenant’s Repair Obligations. Tenant shall keep take good care of the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law or like import) and, at Tenant's sole cost and expense, shall make all repairs and replacements, structural and otherwise, ordinary and extraordinary, foreseen and unforeseen as and when needed to preserve the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law of like import) in good condition and repairsafe working order and in first class repair and condition, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) except that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall not be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails required to make any repairs or replacements to the Demised Premises unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant or any of their servants, employees, contractors, agents, visitors or licensees, or by the manner of use or occupancy of the Demised Premises by Tenant or any such person (in contradistinction to the mere use or occupancy of the Demised Premises for more the purposes set forth in Section 2.01). For the purposes of this Article, any repairs or work involving asbestos or other hazardous materials or involving compliance with Local Laws #5 of 1973, #16 of 1984, #58 of 1987 and the Americans With Disabilities Act and any successor laws of like import shall be deemed to be non-structural repairs or replacements. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, and perform all maintenance as and when necessary, to the lamps, tubes, ballasts, and starters in the lighting fixtures installed in the Demised Premises, (ii) make all repairs and replacements, as and when necessary, to Tenant's Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant, and (iii) if the Demised Premises shall include any space on any ground, street, mezzanine or basement floor in the Building, make all replacements, as and when necessary, to all windows and plate and other glass in, on or about such space, and obtain and maintain, throughout the Demised Term, plate glass insurance policies issued by companies, and in form and amounts, satisfactory to Owner, in which Owner, its agents and any lessor under any ground or underlying lease shall be named as parties insured, and (iv) perform all maintenance and make all repairs and replacements, as and when necessary, to any air conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than 15 days after notice from Landlord (although notice the Building's standard equipment and systems) which may be installed in the Demised Premises by Owner, Tenant or others. However, the provisions of the foregoing sentence shall not be required if there is an emergency)deemed to give to Tenant any right to install air conditioning equipment, Landlord mayelevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in addition to any other remedy available to Landlord, make the repairsconformity with, and Tenant subject to the provisions of Article 3 and shall pay be at least equal in quality and class to Landlord the reasonable cost original work or installation. The necessity for, and adequacy of, repairs and replacements pursuant to this Article 5 shall be measured by the standard which is appropriate for first class office buildings of similar construction and class in the repairs within 30 days after receipt Borough of an invoiceManhattan, together with an administrative charge in an amount equal to 15% City of the cost of the repairsNew York.

Appears in 1 contract

Samples: Agreement (Appliedtheory Corp)

Tenant’s Repair Obligations. Except for Landlord's obligations specifically set forth in this Lease, Tenant shall keep at all times and at Tenant's sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary, the Premises and all parts thereof including, without limitation, all Tenant Improvements, Tenant Changes, utility meters, any above-standard improvements installed in good the Building such as, for example, but not by way of limitation, custom lighting, special or supplementary plumbing systems or distribution extensions, heating and ventilating and/or air conditioning systems or equipment installed by Tenant, special or supplemental electrical panels or distribution systems, or kitchen or restroom facilities and appliances to the extent such facilities and appliances are installed by Tenant, all fixtures, furniture and equipment, Tenant's storefront, Tenant's signs, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen and/or restroom facilities and appliances located within the Building, and any alterations, additions and other property located within the Building in first-class condition and repair, ordinary reasonable wear and tear excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) any and all plate and other glass in and about the interior side Building, which is damaged or broken from any cause whatsoever except due to the gross negligence or willful misconduct of demising walls; (5) electronicLandlord, phone its agents or employees. Tenant shall deliver full and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit complete copies of Tenant whether located in the Premises or in other portions all of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice Service Contracts to Landlord describing the necessary upon Landlord's request. Such maintenance or repair. Upon receipt of such noticeand repairs shall be performed with due diligence, Landlord may elect either to perform any of the maintenance or repair obligations specified lien-free and in such noticea first-class and workmanlike manner, or require that by licensed contractor(s) which are selected by Tenant perform such obligations by using contractors and approved by Landlord, which approval Landlord shall not unreasonably withhold or delay. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except Except as otherwise expressly provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency)this Lease, Landlord mayshall have no obligation to alter, in addition to remodel, improve, repair, renovate, redecorate or paint all or any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost part of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsPremises.

Appears in 1 contract

Samples: Antenna License Agreement (Silicon Image Inc)

Tenant’s Repair Obligations. Tenant shall keep take good care of the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law or like import) and, at Tenant's sole cost and expense, shall make all repairs and replacements, structural and otherwise, ordinary and extraordinary, foreseen and unforeseen as and when needed to preserve the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law of like import) in good condition and repairsafe working order and in first class repair and condition, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require except that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required to make any structural repairs or structural replacements to the Demised Premises unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant or any of their servants, employees, contractors, agents, visitors or licensees, or by the manner of use or occupancy of the Demised Premises by Tenant or any such person (in contradistinction to the mere use of the Demised Premises as "offices"). For the purposes of this Article, the installation, maintenance, repair and replacement of a sprinkler system or part thereof or any work pertaining to such sprinkler system or any repairs or work involving asbestos or other hazardous materials or involving compliance with Local Laws #5 of 1973, #16 of 1984, #58 of 1987 and the Americans With Disabilities Act and any successor laws of like import shall be deemed to be non-structural repairs or replacements. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, and perform all maintenance as and when necessary, to the lamps, tubes, ballasts, and starters in the lighting fixtures installed in the Demised Premises, (ii) make all repairs and replacements, as and when necessary, to Tenant's Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant, and (iii) if there is an emergency)the Demised Premises shall include any space on any ground, Landlord maystreet, mezzanine or basement floor in the Building, make all replacements, as and when necessary, to all windows and plate and other glass in, on or about such space, and obtain and maintain, throughout the Demised Term, plate glass insurance policies issued by companies, and in form and amounts, satisfactory to Owner, in addition which Owner, its agents and any lessor under any ground or underlying lease shall be named as parties insured, and (iv) perform all maintenance and make all repairs and replacements, as and when necessary, to any air conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other remedy available than the Building's standard equipment and systems) which may be installed in the Demised Premises by Owner, Tenant or others. However, the provisions of the foregoing sentence shall not be deemed to Landlordgive to Tenant any right to install air conditioning equipment, make the repairselevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with, and Tenant subject to the provisions of Article 3 and shall pay be at least equal in quality and class to Landlord the reasonable cost original work or installation. The necessity for, and adequacy of, repairs and replacements pursuant to this Article 5 shall be measured by the standard which is appropriate for first class office buildings of similar construction and class in the repairs within 30 days after receipt Borough of an invoiceManhattan, together with an administrative charge in an amount equal to 15% City of the cost of the repairsNew York.

Appears in 1 contract

Samples: Bion Environmental Technologies Inc

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth elsewhere in this Lease and in Section 8.1 above and in the Summary, Tenant shall at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary, the interior of the Premises and all parts thereof including, without limitation, all tenant improvements, Alterations, and all furniture, fixtures and equipment, including, without limitation, all computer, telephone and data cabling and equipment, Tenant’s signs, if any, door locks, closing devices, security devices, interior of windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen, restroom facilities and/or appliances of any kind located within the Premises, if any, custom lighting, and any additions and other property located within the Premises, so as to keep all of the foregoing elements of the Premises in good condition and repair, ordinary reasonable wear and tear and casualty damage excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, any and all plate and other glass in and about the Premises which is damaged or broken from any cause whatsoever except due to the negligence or willful misconduct of Landlord, its agents or employees. Such maintenance and repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronicshall be performed with due diligence, phone lien-free and data cabling in a first-class and related equipment (collectivelyworkmanlike manner, “Cable”by licensed contractor(s) that is installed are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or for the benefit of Tenant whether located in the Premises or in delay. All other portions repair and maintenance of the Building; (6) supplemental air conditioning unitsPremises, private showers Building and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) Property to be performed by contractors retained by Tenant, including related HVAC balancing; if any, shall be as provided in the Summary. If Tenant refuses or neglects to repair and maintain the Premises properly as required hereunder to the reasonable satisfaction of Landlord, then at any time following ten (910) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior days from the date on which Landlord makes a written demand on Tenant to performing any effect such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such noticeand maintenance, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to enter upon the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, and make the repairssuch repairs and/or maintenance, and upon completion thereof, Tenant shall agrees to pay to Landlord the reasonable cost as Additional Rent, Landlord’s costs for making such repairs plus an amount not to exceed ten percent (10%) of the repairs such costs for overhead, within 30 ten (10) days after receipt from Landlord of an invoice, together with an administrative charge in an amount equal to 15% of a written itemized xxxx therefor. Any amounts not reimbursed by Tenant within such ten (10) day period will bear interest at the cost of the repairsInterest Rate until paid by Tenant.

Appears in 1 contract

Samples: Zhone Technologies Inc

Tenant’s Repair Obligations. Subject to the provisions of Sections 20 and 22 of this Lease, Tenant shall at its own cost and expense keep and maintain all parts of the Demised Premises and such portion of the Development within the exclusive control of Tenant in good condition and repairsanitary condition, and in working order and repair promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials dn workmanship of the same character, kind and quality as the original, including but not limited to, doors, any special office entries, interior walls and furnish work, floor coverings, electrical systems and fixtures, and plumbing work and fixtures, reasonable wear and tear exceptedaccepted. Tenant’s All such repairs and replacements shall be made under the supervision and with the prior written approval of Landlord, using contractors acceptable to Landlord. Tenant shall not damage any demising wall or disturb the integrity and supports provided by any demising wall and shall, at its sole cost and expense, properly repair obligations includeany damage or injury to any demising wall caused by Tenant or its employees, without limitationagents or invitees. Tenant shall, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronicat its own cost and expense, phone and data cabling and related equipment (collectivelyas additional rent, “Cable”) that is installed by or pay for the benefit repair of any damage to the Demised Premises, the Building, or the Development resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, contractors, employees, invitees, sublessees, assignees, licensees, or any other person entering upon the Development as a result of Tenant's business activities or caused by Tenant's default hereunder. All injury to the Demised Premises or the Development caused by moving property of Tenant whether located into, in or out of, the Premises Building and all damages caused by Xxxxxx, or in other portions the agents, contractors, licensees, sublessees, assignees, employees and invitees of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained shall be repaired by Tenant, including related HVAC balancing; and (9) all at the expense of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, In the event Tenant shall give written notice fail to do so, then Landlord describing shall have the right to make such necessary maintenance repairs, alterations and replacements, structural, non-structural or repair. Upon receipt otherwise and 115% of such notice, any charge or cost so incurred by Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed paid by Tenant (except Xxxxxx as otherwise provided herein) at Tenant’s expense in accordance additional rent, payable with the rules installment of Rent next becoming due or thereafter falling due under the terms of this Lease. This provision shall be construed as an additional remedy granted to or and procedures described not in Section 9.C below. If Tenant fails to make limitation of any repairs to the Premises for more than 15 days after notice from rights and remedies which Landlord (although notice shall not be required if there is an emergency), Landlord may, has or may have in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairssaid circumstances.

Appears in 1 contract

Samples: Lease (Tek Digitel Corp)

Tenant’s Repair Obligations. Except for Landlord’s obligations under Section 11 2 and except for latent defects in the Premises not caused by Tenant or Tenant’s improvements to the Premises, Tenant shall keep at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, renovate, retrofit, replace and preserve the Premises and all parts thereof, structural and non-structural, including, without limitation, utility meters, plumbing, pipes and conduits, all heating, ventilating and air conditioning systems located within the Premises, all fixtures, furniture and equipment. Tenant’s signs, if any, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, restrooms, ceilings, interior walls, roof, skylights, interior and demising walls, doors, electrical and lighting equipment, sprinkler systems, walkways, loading dock areas and doors, rail spur areas, fences, signs, and any Tenant improvements, Tenant Changes or other alterations, additions and other property and/or fixtures located within the Premises in good condition and repair, ordinary reasonable wear and tear excepted. Tenant’s repair obligations include, without limitationexcepted Tenant shall at all times during the Term make all structural and non-structural changes, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) and improvements to the interior side Premises of demising walls; (5) electronicevery kind and nature, phone and data cabling and related equipment (collectivelywhether ordinary or extraordinary, “Cable”) that is installed foreseen or unforeseen, which may be required by any Laws or for the benefit safety of Tenant whether located in the Premises Tenant agrees to procure and maintain maintenance contracts for all heating, ventilating and air conditioning systems with reputable contractors reasonably approved by Landlord Tenant agrees, at Tenant’s sole cost and expense, to use contractors designated or in other portions of otherwise approved by Landlord for any repairs to, or that will adversely affect, the Building; (6’s systems and equipment Such maintenance and repairs shall be performed with due diligence, lien-free and in a good and workmanlike manner, by licensed contractor(s) supplemental air conditioning units, private showers which are selected by Tenant and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from , which approval Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairs.unreasonably withhold or delay

Appears in 1 contract

Samples: Imcor Pharmaceutical Co

Tenant’s Repair Obligations. Except for Landlord's obligations specifically set forth in this Lease, but subject to Article 22, Tenant shall keep at all times and at Tenant's sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary, the Premises, the Building and the Parking Structure and all parts thereof including, without limitation, the roof cover and roof membrane of the Building, all Tenant Improvements, Tenant Changes, utility meters, exterior landscaping, lighting, sidewalks, planted areas, and parking areas, the basic heating, ventilating, air conditioning ("HVAC"), sprinkler and electrical systems within the Building core and standard conduits, connections and distribution systems thereof within the Premises, all special or supplemental HVAC systems, electrical systems, pipes and conduits, all fixtures, furniture and equipment, Tenant's storefront, Tenant's signs, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen and/or restroom facilities and appliances located within the Premises to the extent such facilities and appliances are intended for the exclusive use of Tenant, if any, custom lighting, and any alterations, additions and other property located within the Premises in good condition and repair, ordinary reasonable wear and tear excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone any and data cabling all plate and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located other glass in and about the Premises which is damaged or broken from any cause whatsoever except due to the gross negligence or willful misconduct of Landlord, its agents or employees. Such maintenance and repairs shall be performed with due diligence, lien-free and in other portions of the Building; (6a good and workmanlike manner, by licensed contractor(s) supplemental air conditioning units, private showers which are selected by Tenant and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord, which approval Landlord shall not unreasonably withhold or delay. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except Except as otherwise expressly provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency)this Lease, Landlord mayshall have no obligation to alter, in addition to remodel, improve, repair, renovate, redecorate or paint all or any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost part of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsPremises.

Appears in 1 contract

Samples: Lease (Doubleclick Inc)

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth elsewhere in this Lease and in Section 8.1 above and in the Summary, Tenant shall at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, preserve and replace (to the extent replacement would be required as a part of such repair obligations, would be deemed commercially reasonable for tenants in Comparable Buildings, and would not otherwise be Landlord’s obligation to replace hereunder), as necessary, the interior of the Premises and all parts thereof including, without limitation, all Tenant Improvements and Alterations (as hereinafter defined), Tenant’s signs, if any, door locks, closing devices, security devices, window sashes, floors and floor coverings, shelving, kitchen, custom lighting, and/or appliances of any kind located within the Premises, if any, so as to keep all of the foregoing elements of the Premises in good condition and repair, ordinary reasonable wear and tear and casualty damage excepted. TenantTenant shall replace, at its expense, any and all plate glass, if any, in and about the Premises (exclusive of exterior window panes, which shall be Landlord’s repair obligations includeresponsibility hereunder) which is damaged or broken from any cause whatsoever except due to the negligence or willful misconduct of Landlord, without limitationits agents or employees. Such maintenance and repairs shall be performed with due diligence, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electroniclien-free and in a first-class and workmanlike manner, phone and data cabling and related equipment (collectively, “Cable”by licensed contractor(s) that is installed are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or for the benefit of Tenant whether located in the Premises or in delay. All other portions repair and maintenance of the Building; (6) supplemental air conditioning unitsPremises, private showers Building and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) Property to be performed by contractors retained by Tenant, including related HVAC balancing; if any, shall be as provided in the Summary. If Tenant refuses or neglects to repair and maintain the Premises properly as expressly required hereunder to the reasonable satisfaction of Landlord, then at any time following thirty (930) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior days from the date on which Landlord makes a written demand on Tenant to performing any effect such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such noticeand maintenance, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to enter upon the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, and make the repairssuch repairs and/or maintenance, and upon completion thereof, Tenant shall agrees to pay to Landlord the as Additional Rent, Landlord’s reasonable cost of the costs for making such repairs within 30 days after receipt of an invoice, together with an administrative charge in plus an amount equal not to 15% exceed five percent (5%) of such costs for overhead, within thirty (30) days of receipt from Landlord of a written itemized xxxx therefor. Any amounts not reimbursed by Tenant within such thirty (30) day period will bear interest at the cost of the repairsInterest Rate until paid by Tenant.

Appears in 1 contract

Samples: Tw Telecom Inc.

Tenant’s Repair Obligations. Tenant shall keep take good --------------------------- care of the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law or like import) and, at Tenant's sole cost and expense, shall make all repairs and replacements, structural and otherwise, ordinary and extraordinary, foreseen and unforeseen as and when needed to preserve the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law of like import) in good condition and repairsafe working order and in first class repair and condition, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) except that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall not be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails required to make any repairs or replacements to the Demised Premises unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant or any of their servants, employees, contractors, agents, visitors or licensees, or by the manner of use or occupancy of the Demised Premises by Tenant or any such person (in contradistinction to the mere use or occupancy of the Demised Premises for more the purposes set forth in Section 2.01). Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, and perform all maintenance as and when necessary, to the lamps, tubes, ballasts, and starters in the lighting fixtures installed in the Demised Premises, (ii) make all repairs and replacements, as and when necessary, to Tenant's Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant, and (iii) if the Demised Premises shall include any space on any ground, street, mezzanine or basement floor in the Building, make all replacements, as and when necessary, to all windows and plate and other glass in, on or about such space, and obtain and maintain, throughout the Demised Term, plate glass insurance policies issued by companies, and in form and amounts, satisfactory to Owner, in which Owner, its agents and any lessor under any ground or underlying lease shall be named as parties insured, and (iv) perform all maintenance and make all repairs and replacements, as and when necessary, to any air conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than 15 days after notice from Landlord (although notice the Building's standard equipment and systems) which may be installed in the Demised Premises by Owner, Tenant or others. However, the provisions of the foregoing sentence shall not be required if there is an emergency)deemed to give to Tenant any right to install air conditioning equipment, Landlord mayelevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in addition to any other remedy available to Landlord, make the repairsconformity with, and Tenant subject to the provisions of Article 3 and shall pay be at least equal in quality and class to Landlord the reasonable cost original work or installation. The necessity for, and adequacy of, repairs and replacements pursuant to this Article 5 shall be measured by the standard which is appropriate for first class office buildings of similar construction and class in the repairs within 30 days after receipt Borough of an invoiceManhattan, together with an administrative charge in an amount equal to 15% City of the cost of the repairsNew York.

Appears in 1 contract

Samples: Bottomline Technologies Inc /De/

Tenant’s Repair Obligations. Subject to Section 11.4 hereof Tenant shall will, at its own expense, keep the Premises in good condition and repairrepair during the Term as follows: (a) repairs to all heating, ordinary wear ventilating or air conditioning systems or units and tear excepted. Tenant’s repair obligations includesecurity systems which solely serve the Premises (i.e. are not systems or units also serving other tenants or premises in the Building), (b) repairs of all damage to the Premises (including, without limitation, dock levelers) except to the extent caused by Landlord or its agents, (c) repairs to: (1or replacement) floor covering and/or raised flooring; of all damaged or broken glass, fixtures, improvements and appurtenances, and (2d) interior partitions; (3) doors; (4) the interior side repairs of demising walls; (5) electronic, phone all electrical and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located plumbing systems in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C belowPremises. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall does not be required if there is an emergency)fulfill its obligations under this Section 11.1, Landlord may, in addition to any other remedy available to Landlordbut need not, make the repairssuch repairs and replacements, and Tenant shall pay to Landlord the cost thereof, plus an additional ten percent (10%) to cover Landlord’s overhead and related expenses, forthwith upon being billed for same. Landlord may enter the Premises at all reasonable times (and upon prior notice) to make such repairs and replacements and any other repairs, alterations, improvements, and additions to the Premises or to the Building or to any equipment located in the Building to the extent Landlord is obligated to so maintain such items under the terms of this Lease. Tenant shall not be obligated to repair or replace the roof or any structural elements in the Premises. Notwithstanding anything contained herein to the contrary, if any damage to the Property or to the Premises or to any equipment thereon or appurtenance thereto results from any negligent act or omission of Tenant or of Tenant’s contractors, agents or employees, Landlord shall notify Tenant thereof and in the event Tenant fails to repair such damage within a reasonable time period then Landlord may, at Landlord’s option, repair such damage and Tenant shall, upon demand by Landlord, reimburse Landlord forthwith for the total cost of the repairs within 30 days after receipt of such repairs, plus an invoice, together with an administrative charge in an amount equal additional ten percent (10%) to 15% of the cost of the repairscover Landlord’s overhead and related expenses.

Appears in 1 contract

Samples: Midway Business Center (Home Products International Inc)

Tenant’s Repair Obligations. Except as otherwise provided herein and subject to the terms of Article 6, Tenant shall shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition and repairat all times during the Lease Term except to the extent caused by Landlord’s acts or damage arising from any casualty, ordinary normal wear and tear excepted. Tenant’s repair obligations includetear, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) or other events that are not the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all direct result of Tenant’s furnishings, trade fixtures, equipment and inventoryacts or omissions. Prior to performing any such repair obligationIn addition, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such noticeshall, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s own expense in accordance with but under the rules supervision and procedures described in Section 9.C below. If subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, that, at Landlord’s option, or if Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency)such repairs, Landlord may, in addition to any other remedy available to Landlordbut need not, make the repairssuch repairs and replacements, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoicethereof, together with an administrative charge in an amount equal to 15% including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the repairsCalifornia Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (Tekelec)

Tenant’s Repair Obligations. Tenant shall shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises, and any of Tenant’s improvements, property or equipment located outside of the Premises if permitted by Landlord in its sole discretion (such items located outside of the Premises, if any, are, collectively, “Tenant’s Off-Premises Equipment”), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, [but under the reasonable supervision and repairsubject to the prior reasonable approval of Landlord to the extent (i) the cost of such repairs are reasonably expected to exceed $25,000.00, (ii) such repairs will affect the Building Structure, Building Systems or equipment, or (iii) such repairs may disturb any other tenants or occupants of the Building], and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear excepted. Tenant’s repair obligations includeand casualty; provided however, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If if Tenant fails to make any such repairs to the Premises for more than 15 days after within applicable notice from Landlord (although notice shall not be required if there is an emergency)and cure periods, Landlord may, in addition to any other remedy available to Landlordbut need not, make the repairssuch repairs and replacements, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoicethereof, together with an administrative charge in an amount equal to 15% including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions and other costs or expenses arising from Landlord’s involvement with such repairs and replacements plus a management fee of [***] of such cost within twenty (20) days after being billed for same. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services either located within the Premises or serving solely the Premises and located outside of the Premises from the Building connection point to the Premises (but only to the extent serving Tenant exclusively) (e.g., any Supplemental HVAC Equipment), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Subject to the terms of Article 27 below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Premises as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling exclusively serving the Premises.

Appears in 1 contract

Samples: Lease (Vir Biotechnology, Inc.)

Tenant’s Repair Obligations. Tenant shall keep take good care of the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law or like import) and, at Tenant's sole cost and expense, shall make all repairs and replacements, structural and otherwise, ordinary and extraordinary, foreseen and unforeseen as and when needed to preserve the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law of like import) in good condition and repairsafe working order and in first class repair and condition, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require except that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergencyto make any structural repairs or structural replacements to the Demised Premises unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. For the purposes of this Article, the installation, maintenance, repair and replacement of a sprinkler system or part thereof or any work pertaining to such sprinkler system or any repairs or work involving asbestos or other hazardous materials or involving compliance with Local Laws #5 of 1973, #16 of 1984, #58 of 1987 and the Americans With Disabilities Act and any successor laws of like import shall be deemed to be non-structural repairs or replacements. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, and perform all maintenance as and when necessary, to the lamps, tubes, ballasts, and starters in the lighting fixtures installed in the Demised Premises, (ii) make all repairs and replacements, as and when necessary, to Tenant's Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant, and (iii) make all replacements, as and when necessary, to all windows and plate and other glass in, on or about the Demised Premises, and obtain and maintain, throughout the Demised Term, plate glass insurance policies issued by companies, and in form and amounts, reasonably satisfactory to Owner, in which Owner, its agents and any lessor under any ground or underlying lease shall be named as parties insured, and (iv) perform all maintenance and make all repairs and replacements, as and when necessary, to any HVAC equipment (as defined herein), Landlord mayprivate elevators, escalators, conveyors or mechanical systems (other than the Building's standard equipment and systems) which may be installed in addition the Demised Premises by Owner, Tenant or others and which exclusively serve the Demised Premises. However, the provisions of the foregoing sentence shall not be deemed to give to Tenant any other remedy available right to Landlordinstall elevators, make the repairsescalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with, and Tenant subject to the provisions of Article 3 and shall pay be at least equal in quality and class to Landlord the reasonable cost original work or installation. The necessity for, and adequacy of, repairs and replacements pursuant to this Article 5 shall be measured by the standard which is appropriate for first class office buildings of similar construction and class in the repairs within 30 days after receipt Borough of an invoiceManhattan, together City of New York. The term "HVAC" shall mean heating, ventilation and air conditioning. Tenant's obligations hereunder with an administrative charge in an amount equal respect to 15% the sprinkler system shall be subject to the terms and conditions of the cost Subsection B of the repairsSection 3.05 and Owner's obligations thereunder. Tenant's obligations hereunder with respect to work involving asbestos or other hazardous materials shall be subject to Section 3.06 and Owner's obligations thereunder.

Appears in 1 contract

Samples: Agreement of Lease (Langer Inc)

Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises in good order, condition and repair, ordinary damage due to fire, casualty, taking and reasonable wear and tear excepted. For purposes of this Lease, the term “reasonable wear and tear” constitutes that normal, gradual deterioration which occurs due to aging and ordinary use of the Premises despite reasonable and timely maintenance and repair, but in no event shall “reasonable wear and tear” excuse Tenant from its duty to keep the Premises in good maintenance and repair or otherwise usable, serviceable and tenantable. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooringcovering; (2) interior partitions; (3) doorsinterior and exterior doors of the Premises; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the exclusive benefit of Tenant whether and located in the Premises or in other portions of the BuildingBuilding (and Tenant’s contractor shall have access to the Building electrical and telephone closets for connection and maintenance without any charge from Landlord); (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; and (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C 9.C. below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, may make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs to Landlord within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 1510% of the cost of the repairs. Notwithstanding the foregoing, if the repair required of Tenant cannot be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant has commenced such repair within said 15 day period and is diligently pursuing the same to completion.

Appears in 1 contract

Samples: Office Lease Agreement (Thimble Point Acquisition Corp.)

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth elsewhere in this Lease and in Section 8.1 above and in the Summary, Tenant shall at all times and at Tenant’s sole cost and expense, keep, maintain, repair, preserve and replace, as necessary, the interior of the Premises and all parts thereof including, without limitation, all Tenant Improvements, Alterations, and all furniture, fixtures and equipment, including, without limitation, all computer, telephone and data cabling and equipment, Tenant’s signs, if any, door locks, closing devices, security devices, floors and floor coverings, shelving, kitchen, executive restroom and/or shower facilities, and/or appliances of any kind located within the Premises, if any, custom lighting, and any additions and other property located within the Premises, so as to keep all of the foregoing elements of the Premises in good condition and repair, ordinary reasonable wear and tear and casualty damage excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, any and all plate and other glass in and about the Premises (other than exterior windows which shall be replaced by Landlord) which is damaged or broken from any cause whatsoever except due to the negligence or willful misconduct of Landlord, its agents or employees. Such maintenance and repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronicshall be performed with due diligence, phone lien-free and data cabling in a first-class and related equipment (collectivelyworkmanlike manner, “Cable”by licensed contractor(s) that is installed are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold, condition or for the benefit of Tenant whether located in the Premises or in delay. All other portions repair and maintenance of the Building; (6) supplemental air conditioning unitsPremises, private showers Building and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) Property to be performed by contractors retained by Tenant, including related HVAC balancing; if any, shall be as provided in the Summary. If Tenant refuses or neglects to repair and maintain the Premises properly as required hereunder, then at any time following thirty (930) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior days from the date on which Landlord makes a written demand on Tenant to performing any effect such repair obligation, Tenant and maintenance (except in the event of an emergency in which event no notice shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such noticebe required), Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to enter upon the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, and make the repairssuch repairs and/or maintenance, and upon completion thereof, Tenant shall agrees to pay to Landlord the reasonable cost of the as Additional Rent, Landlord’s costs for making such repairs within 30 days after receipt of an invoice, together with an administrative charge in plus an amount equal not to 15% exceed five percent (5%) of such costs for overhead, within thirty (30) days of receipt from Landlord of a written itemized xxxx therefor. Any amounts not reimbursed by Tenant within such thirty (30) day period will bear interest at the cost of the repairsInterest Rate until paid by Tenant.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Health Grades Inc)

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth in Sections 11.3, 18.1 and 19.2 hereof or as otherwise provided in this Lease, Tenant shall keep at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair and preserve and replace, as necessary, the Premises and all parts thereof including, without limitation, (i) all Tenant Improvements and Tenant Changes, (ii) all utility meters, pipes and conduits to the extent exclusively serving the Premises, (iii) all heating, ventilating and air conditioning systems installed by Tenant and located within the Premises or exclusively serving the Premises, (iv) all fixtures, furniture and equipment within or exclusively serving the Premises, or belonging to Tenant or Tenant’s Parties, (v) Tenant’s storefront (if any) and signs, if any, (vi) all locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, restrooms, if any, within the Premises, and (vii) any alterations, additions and other property located within the Premises, in good condition and repair, ordinary reasonable wear and tear excepted. TenantTenant shall replace, at its expense, any and all plate and other glass in and about the Premises which is damaged or broken from any cause whatsoever except due to any act, neglect, fault or omission of Landlord, or any of Landlord’s repair obligations includeagents, employees or contractors, and not covered by insurance maintained, or required to be maintained, by Tenant hereunder. Such maintenance and repairs shall be performed with due diligence, lien-free and in a good and workmanlike manner, by licensed contractor(s) which are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or delay. Except as otherwise expressly provided in this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, renovate, redecorate or paint all or any part of the Premises. Landlord shall make commercially reasonable efforts to extend to Tenant the benefits of all warranties relating to the Premises, including without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or limitation all warranties for the benefit of Tenant whether located in mechanical and operational systems within the Premises or in other portions Premises, and all warranties with respect to the roof of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairs.

Appears in 1 contract

Samples: Work Letter Agreement (Lacrosse Footwear Inc)

Tenant’s Repair Obligations. Except for Landlord's obligations under Section 11.2 and except for latent defects in the Premises not caused by Tenant or Tenant's improvements to the Premises, Tenant shall keep at all times and at Tenant's sole cost and expense, keep, maintain, clean, repair, renovate, retrofit, replace and preserve the Premises and all parts thereof, structural and non-structural, including, without limitation, utility meters, plumbing, pipes and conduits, all heating, ventilating and air conditioning systems located within the Premises, all fixtures, furniture and equipment, Tenant's signs, if any, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, restrooms, ceilings, interior walls, roof, skylights, interior and demising walls, doors, electrical and lighting equipment, sprinkler systems, walkways, loading dock areas and doors, rail spur areas, fences, signs, and any Tenant Improvements, Tenant Changes or other alterations, additions and other property and/or fixtures located within the Premises in good condition and repair, ordinary reasonable wear and tear excepted. Tenant’s repair obligations include, without limitationTenant shall at all times during the Term make all structural and non-structural changes, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) and improvements to the interior side Premises of demising walls; (5) electronicevery kind and nature, phone and data cabling and related equipment (collectivelywhether ordinary or extraordinary, “Cable”) that is installed foreseen or unforeseen, which may be required by any Laws or for the benefit safety of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental Tenant agrees to procure and maintain maintenance contracts for all heating, ventilating and air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by systems with reputable contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors reasonably approved by Landlord. All work Tenant agrees, at Tenant's sole cost and expense, to use contractors designated or otherwise approved by Landlord for any repairs to, or that is Tenant’s responsibility hereunder will adversely affect, the Building's systems and equipment. Such maintenance and repairs shall be performed with due diligence, lien-free and in a good and workmanlike manner, by licensed contractor(s) which are selected by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from approved by Landlord, which approval Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsunreasonably withhold or delay.

Appears in 1 contract

Samples: Single (Alliance Pharmaceutical Corp)

Tenant’s Repair Obligations. Tenant shall keep at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, replace and preserve the Premises and all parts thereof, both structural and non-structural, including, without limitation, utility meters, plumbing, pipes and conduits, all heating, ventilating and air conditioning systems located within the Premises, all fixtures, furniture and equipment, Tenant’s signs, if any, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, restrooms, ceilings, interior and exterior walls, roof, foundations, skylights, interior and demising walls, doors, electrical and lighting equipment, sprinkler systems, parking areas, driveways, walkways, parking lots, loading dock areas and doors, rail spur areas, fences, signs, lawns and landscaping, if any, and any Tenant Improvements, Tenant Changes or other alterations, additions and other property and/or fixtures located within the Premises in good condition and repair, ordinary except for reasonable wear and tear exceptedtear, casualty damage (if Tenant is not obligated to repair hereunder), condemnation and Hazardous Materials not introduced to, in, on, under or about the Premises by Tenant or Tenant’s Parties. Tenant’s repair and maintenance obligations shall include, without limitationbut not be limited to, repairs to: slurry coating the parking areas of Parcel 1 and the Parking Lot every thirty (130) floor covering and/or raised flooringmonths; (2) interior partitionsparking area and driveway sweeping and repairing; (3) doors; (4) the interior side of demising walls; (5) electronicand responsibility for painting. Tenant agrees to procure and maintain maintenance contracts for all heating, phone ventilating and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by systems with reputable contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors reasonably approved by Landlord. All work that is Tenant’s responsibility hereunder Such maintenance and repairs shall be performed with due diligence, lien-free and in a good and workmanlike manner, by licensed contractor(s) which are selected by Tenant (except as otherwise and approved by Landlord, which approval Landlord shall not unreasonably withhold or delay. Except to the extent provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs 1.2 above with respect to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency)construction of the Parking Lot Improvements, Landlord mayshall have no obligation to alter, in addition to remodel, improve, repair, renovate, redecorate or paint all or any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost part of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsPremises.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Cymer Inc)

Tenant’s Repair Obligations. Tenant A.Tenant shall keep the Premises in take good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions care of the Building; Demised Premises (6including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law or like import, but in each case, only to the extent such systems exclusively serve the Demised Premises) supplemental air conditioning unitsand, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense sole cost and expense, shall make all repairs and replacements, structural and otherwise, ordinary and extraordinary, foreseen and unforeseen as and when needed to preserve the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law of like import, but in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs each case, only to the Premises for more than 15 days after notice from Landlord (although notice extent such systems exclusively serve the Demised Premises) in good and safe working order and in first class repair and condition, except that Tenant shall not be required to make any structural repairs or structural replacements to the Demised Premises unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant or any of their servants, employees, contractors, agents, visitors or licensees, or by the particular manner of use or occupancy of the Demised Premises by Tenant or any such person (in contradistinction to the mere use or occupancy of the Demised Premises for office use). For the purposes of this Article, the installation, maintenance, repair and replacement of a sprinkler system or part thereof or any work pertaining to such sprinkler system or, subject to the terms of Section 3.06, any repairs or work involving asbestos or any other hazardous materials or involving compliance with Local Laws #5 of 1973, #16 of 1984, #58 of 1987 and the Americans With Disabilities Act and any successor laws of like import shall be deemed to be non-structural repairs or replacements. Without affecting Tenant’s obligations set forth in the preceding sentence, Tenant, at Tenant’s sole cost and expense, shall also (i) make all repairs and replacements, and perform all maintenance as and when necessary, to the lamps, tubes, ballasts, and starters in the lighting fixtures installed in the Demised Premises, (ii) make all repairs and replacements, as and when reasonably necessary, to Tenant’s Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant, and (iii) if there is an emergency)the Demised Premises shall include any space on any ground, Landlord maystreet, mezzanine or basement floor in the Building, make all replacements, as and when necessary, to all windows and plate and other glass in, on or about such space, and obtain and maintain, throughout the Demised Term, plate glass insurance policies issued by companies, and in form and amounts, satisfactory to Owner, in addition which Owner, its agents and any lessor under any ground or underlying lease shall be named as parties insured, and (iv) perform all maintenance and make all repairs and replacements, as and when necessary, to any air conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other remedy available than, in each case, the Building’s standard equipment and systems) which may be installed in the Demised Premises by Owner, Tenant or others. However, the provisions of the foregoing sentence shall not be deemed to Landlordgive to Tenant any right to install air conditioning equipment, make the repairselevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with, and Tenant subject to the provisions of Article 3 and shall pay be at least equal in quality and class to Landlord the reasonable cost original work or installation. The necessity for, and adequacy of, repairs and replacements pursuant to this Article 5 shall be measured by the standard which is appropriate for first class office buildings of similar construction and class in the repairs within 30 days after receipt Borough of an invoiceManhattan, together with an administrative charge in an amount equal to 15% City of the cost of the repairs.New York. 

Appears in 1 contract

Samples: Agreement of Lease (Bankrate, Inc.)

AutoNDA by SimpleDocs

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth in Sections 11.2, 16.1, 18.1 and 19.2 hereof, Tenant shall keep at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary other than for reasonable wear and tear and damage by casualty and condemnation, the Premises and all parts thereof including, without limitation, all Tenant Improvements, Tenant Changes, utility meters, all special or supplemental HVAC systems, electrical systems, pipes and conduits, located within the Premises, all fixtures, furniture and equipment, Tenant’s storefront (if any), Tenant’s signs, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen and/or restroom facilities and appliances located within the Premises to the extent such facilities and appliances are intended for the exclusive use of Tenant, custom lighting, and any alterations, additions and other property located within the Premises in good first-class condition and repair, ordinary reasonable wear and tear excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone any and data cabling all plate and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located other glass in and about the Premises which is damaged or in other portions broken from any cause whatsoever except due to the gross negligence or willful misconduct of the Building; (6) supplemental air conditioning unitsLandlord, private showers its agents or employees and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively not covered by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such noticeinsurance maintained, or require that required to be maintained, by Tenant perform such obligations hereunder. Such maintenance and repairs shall be performed with due diligence, lien-free and in a first-class and workmanlike manner, by using contractors licensed contractor(s) which are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or delay. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except Except as otherwise expressly provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency)this Lease, Landlord mayshall have no obligation to alter, in addition to remodel, improve, repair, renovate, redecorate or paint all or any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost part of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsPremises.

Appears in 1 contract

Samples: Work Letter Agreement (Orexigen Therapeutics, Inc.)

Tenant’s Repair Obligations. Tenant shall keep at all times during the Term at its own cost and expense keep, or cause to be kept, and repair and replace, as necessary, all non-structural elements of the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include(including, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) floors, ceilings, interior partitions; (3) doors; (4) walls, interior and exterior loading docks, the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other non-structural portions of bearing walls and non-structural columns and beams, and the Building; (6) supplemental air conditioning unitsparking areas, private showers and kitchensthe heating, including hot water heatersventilating, air-conditioning, electrical, lighting, plumbing, dishwashersmechanical and other equipment and systems therein and thereon and all other non-structural elements of the Leased Premises, ice machines whether or not arising from reasonable wear and similar facilities serving tear. Notwithstanding the foregoing, Landlord shall, at Landlord's own cost and expense undertake necessary repair and replacement to such non-structural elements (except to any additions, changes, alterations or improvements to the Premises, which Tenant exclusively; may make pursuant to Section 9.1 above and except for repair or replacement made necessary as a result of the acts or omissions of Tenant or persons for whom Tenant is responsible at law) if Landlord receives written notice from Tenant that the same is necessary during the first ninety (790) phone rooms used exclusively days of the Initial Term of this Lease. Thereafter such obligations shall be Tenant's and all such non-structural elements shall be on an "as is-where is" basis even if any deficiency or defect is claimed to have originated prior to or during the first ninety (90) days of the Initial Term and even if it is with respect to an item which was repaired or replaced by Tenant; Landlord during such ninety (8) Alterations 90) day period. Landlord shall promptly commence any such repairs or replacements, and in any event shall do so within ten (defined below10) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all days of Tenant’s furnishings's notice. Landlord shall diligently continue the same to completion, trade fixturessubject to Acts of God, equipment and inventoryforce majeure, labor or material shortages or other events beyond Landlord's reasonable control. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the not in any case be responsible for structural defects or structural wear and tear or repair or replacement unless same are necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any as a result of the acts or omissions of Tenant or persons for whom Tenant is responsible at law or the failure of Tenant to comply with its maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided for herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairs.

Appears in 1 contract

Samples: Lease (Impax Laboratories Inc)

Tenant’s Repair Obligations. Tenant Except for items which are Landlord's responsibility as set forth below or are necessitated by the negligence or willful misconduct of Landlord or any employee, agent, contractor, concessionaire or invitee of Landlord (collectively, "Landlord's Representatives"), Tenant, at its sole cost and expense, shall keep maintain the interior of the Premises in good first- class condition and repair, ordinary wear and tear excepted. ; provided, however, that solely with respect to the Structure, except for Tenant’s repair obligations include's obligation to pay Premises Expenses relating to maintenance expenses as required under Article 5, without limitationin no event shall Tenant be responsible for any repairs or replacements of the Structure unless necessitated by the negligence or willful misconduct of Tenant or any employee, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side agent, contractor, sublessee, licensee, concessionaire or invitee of demising walls; (5) electronic, phone and data cabling and related equipment Tenant (collectively, “Cable”) that is installed "Tenant's Representatives"). As used herein, "Structure" shall mean the structural elements of the Building as reflected by the Final Plans consisting of the bearing walls, roof, exterior walls, support beams, foundations, exterior window frames, exterior windows, floor slabs and support columns and underground utility systems of the Building. In no event shall any improvements or for alterations made by Tenant to the benefit Structure be deemed a part of the Structure, and notwithstanding anything in this Lease to the contrary, Landlord shall have no obligation to maintain, repair or replace any such improvements or alterations made by Tenant. Tenant whether located in shall maintain, repair and replace as necessary all floors and floor finishes above the floor slabs, interior walls, doors, interior windows, telecommunications systems, cabling and wiring, and shall keep the Premises or in a clean, lawful and orderly condition. Tenant shall keep all portions of the Premises and other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively Real Estate free from litter caused by Tenant; (8) Alterations (defined below) performed 's operations. All repairs and replacements made by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice be at least equal in quality to the original work and shall be made by Tenant in accordance with all Legal Requirements whether heretofore or hereafter enacted. Tenant hereby elects and Landlord describing hereby approves and consents, subject to Landlord's continuing consent (which will not be unreasonably withheld, denied or revoked so long as Tenant does not abandon the necessary maintenance Building and so long as Tenant fully and faithfully performs its obligations hereunder in a competent manner), to perform or repaircause to be performed all customary and recommended routine maintenance, repairs and servicing of the Building Systems. Upon receipt In connection therewith Tenant shall maintain and provide Landlord access to true and complete detailed records evidencing the performance of such notice, Landlord may elect either to perform any maintenance and service on an ongoing basis. To the extent that Tenant directly bears such maintenance and service expenses for the maintenance and servicing of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense Building Systems in accordance with the rules foregoing provisions hereof, the same shall not be included in the Premises Expenses. If Tenant or Tenant's Representatives damage any part of the Premises (including without limitation any Building Systems), Tenant's Parking Area or common areas (including, but not limited to, damage to the common areas of the Center resulting from the excessive or uncommon use thereof), then Tenant shall commence to repair or replace such damage as soon as is reasonably practicable and procedures described in Section 9.C belowany event within thirty (30) days of demand and Tenant shall diligently prosecute such repairs or replacements to completion. If Tenant fails to repair or replace any such damage in accordance with the foregoing provisions hereof, then Landlord may make any such repairs or replacements and, in such event, Tenant shall reimburse the Landlord for its costs of performing or causing the completion of such repairs or replacements, which reimbursement payment shall be made within fifteen (15) days of Tenant's receipt of Landlord's demand for the payment of such costs. Notwithstanding the foregoing provisions hereof, all damage to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition Structure or to any other remedy available to common areas of the Center caused by Tenant or any of Tenant's Representatives shall be repaired or replaced, at Landlord's option, make the repairs, by Landlord at Tenant's expense and Tenant shall pay to reimburse Landlord the reasonable cost for all costs thereof within fifteen (15) days of the repairs within 30 days after Tenant's receipt of an invoice, together with an administrative charge in an amount equal to 15% Landlord's demand for the payment of the cost of the repairssuch costs.

Appears in 1 contract

Samples: Eagle Test Systems, Inc.

Tenant’s Repair Obligations. Except for Landlord's obligations specifically set forth elsewhere in this Lease and in Section 8.1 and 1.19(d) above and in the Summary, Tenant shall at all times and at Tenant's sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary, the interior of the Premises and all parts thereof including, without limitation, all Tenant Improvements, Alterations, and all furniture, fixtures and equipment, including, without limitation, all computer, telephone and data cabling and equipment, Tenant's signs, if any, door locks, closing devices, security devices, interior of windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen, restroom facilities and/or appliances of any kind located within the Premises, if any, custom lighting, and any additions and other property located within the Premises, so as to keep all of the foregoing elements of the Premises in good condition and repair, ordinary reasonable wear and tear and casualty damage excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, any and all interior glass in and about the Premises which is damaged or broken from any cause whatsoever except due to the negligence or willful misconduct of Landlord, its agents or employees. Such maintenance and repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronicshall be performed with due diligence, phone lien-free and data cabling in a first-class and related equipment (collectivelyworkmanlike manner, “Cable”by licensed contractor(s) that is installed are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or for the benefit of Tenant whether located in the Premises or in delay. All other portions repair and maintenance of the Building; (6) supplemental air conditioning unitsPremises, private showers Building and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) Property to be performed by contractors retained by Tenant, including related HVAC balancing; if any, shall be as provided in the Summary. If Tenant refuses or neglects to repair and maintain the Premises properly as required hereunder to the reasonable satisfaction of Landlord, then at any time following ten (910) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior days from the date on which Landlord makes a written demand on Tenant to performing any effect such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such noticeand maintenance, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to enter upon the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, and make the repairssuch repairs and/or maintenance, and upon completion thereof, Tenant shall agrees to pay to Landlord the reasonable cost as Additional Rent, Landlord's costs for making such repairs plus an amount not to exceed two percent (2%) of the repairs such costs for overhead, within 30 ten (10) days after receipt from Landlord of an invoice, together with an administrative charge in an amount equal to 15% of a written itemized bxxx therefor. Any amounts not reimbursed by Tenant within such ten (10) day period will bear interest at the cost of the repairsInterest Rate until paid by Tenant.

Appears in 1 contract

Samples: WaferGen Bio-Systems, Inc.

Tenant’s Repair Obligations. Tenant shall shall, at its own expense, keep and maintain the Premises in good condition and repairsanitary condition, ordinary wear working order and tear exceptedrepair during the Term. Tenant’s Tenant shall promptly and adequately repair obligations includeall damage to the Premises and restore, without limitationreplace or repair all damaged or broken glass, repairs to: (1) floor covering and/or raised flooringcarpet, wall-covering, doors, fixtures, equipment, improvements and appurtenances; (2) interior partitions; (3) doors; (4) provided, however, that Tenant shall not be obligated to repair or replace the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by roof or for the benefit of Tenant whether located any structural defects in the Premises Premises, or in other portions of the Building; (6) supplemental heating and air conditioning unitssystems servicing the Premises, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively except to the extent that such repair or replacement are necessitated by Tenant; (8) Alterations (defined below) performed by contractors retained by the act or neglect of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishingsits agents, trade fixtures, equipment and inventoryservants or employees. Prior to performing In the event that any such repair obligationrepairs, maintenance or replacements are required, Tenant shall give written notice to promptly arrange for the same either through Landlord describing the necessary maintenance or repair. Upon receipt of for such notice, reasonable charges as Landlord may elect either from time to perform any of the maintenance or repair obligations specified in such noticetime establish, or require that Tenant perform such obligations by using contractors as Landlord generally uses at the Property or such other contractors as Landlord shall first approve in writing, and in a first class, workmanlike manner approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense Landlord in accordance with the rules and procedures described advance in Section 9.C belowwriting. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall does not be required if there is an emergency)fulfill its obligations under this Subsection 12.1, Landlord may, in addition to any other remedy available to Landlordbut need not, make the repairssuch repairs and replacements, and Tenant shall pay to Landlord the cost thereof, plus an additional fifteen percent (15%) to cover Landlord’s overhead and related expenses, immediately upon written demand therefor. Landlord may enter the Premises at all reasonable times to make such repairs and replacements and any other repairs, alterations, improvements and additions to the Premises or to the Building or to any equipment or system located in the Building. Notwithstanding anything contained herein to the contrary, if any damage to the Premises or the Property or to any equipment or system thereon (including but not limited to the roof of the Building or any heating, air conditioning and ventilation systems serving the Premises) or appurtenance thereto results from any act, omission or neglect of Tenant or of Tenant’s contractors, agents or employees, Landlord may but is not obligated to, at Landlord’s option, repair such damage, and Tenant shall reimburse Landlord immediately upon written demand for the total cost of the repairs within 30 days after receipt of such repairs, plus an invoice, together with an administrative charge in an amount equal additional fifteen percent (15%) to 15% of the cost of the repairscover Landlord’s overhead and related expenses.

Appears in 1 contract

Samples: Ulta Salon, Cosmetics & Fragrance, Inc.

Tenant’s Repair Obligations. Except as provided in Section 10.3, --------------------------- Tenant shall shall, during the Lease Term, at its own expense, keep the Premises Premises, including all improvements, fixtures and equipment therein, clean and safe and in as good repair and condition and repairas when all of the work described in the Work Letter, if any, was completed (or as to subsequent work, as when such Work was completed), ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by Tenant shall be responsible for all damage or for the benefit of Tenant whether located in injury to the Premises or in any other portions part of the Building; Building or Property and the systems and equipment thereof, whether requiring structural or nonstructural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant (6except for the Tenant Improvements and except for any work, labor, service or equipment performed or provided by Landlord) supplemental air conditioning unitsor arising out of the installation, private showers use or operation of the property or equipment of Tenant. Tenant shall also be responsible for all damage to the Property, the Building and kitchensthe Premises caused by the moving of Tenant's fixtures, including hot water heatersfurniture and equipment. Tenant shall promptly make, plumbingat Tenant's expense, dishwashersall repairs in and to the Premises for which Tenant is responsible, ice machines under the supervision of Landlord and similar using only such contractors and subcontractors as Landlord has approved, which approval shall not be unreasonably withheld. Any other repairs in or to the Property or the Building or the facilities serving and systems thereof for which Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) is responsible shall be performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance 's expense. In connection with the rules and procedures described in Section 9.C below. If Tenant fails to make any all such repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency)or other parts of the Building or Property, Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to reimburse Landlord the reasonable cost within ten days of the repairs within 30 days after receipt of an invoicea xxxx therefor for Landlord's costs incurred in connection with such work, together with an administrative charge in an amount a fee for supervising such work (whether or not performed by Landlord) equal to 155% of the cost of such work. Notwithstanding anything to the repairscontrary in this Lease, Lessee's obligation to repair or maintain shall not include the making of any structural repairs or improvements unless, and to the extent, required due to the negligence or willful acts of Tenant or its employees, agents or invitees. Notwithstanding anything to the contrary in this Lease, Tenant's obligation to repair or maintain shall not include the making of any capital repairs or improvements unless, and to the extent, required due to Tenant's negligence or willful misconduct.

Appears in 1 contract

Samples: Noosh Inc

Tenant’s Repair Obligations. Tenant Tenant, at its sole cost and expense, shall keep operate, maintain and repair the Premises in good condition a good, healthy, lawful, safe, clean and repair, ordinary wear and tear exceptedoperable condition. Tenant’s repair obligations includeTenant shall, without limitation, repair, maintain and replace as necessary all floors, foundations, structural walls, interior walls, roofs, man-doors, overhead doors, windows, fencing, truck docks, parking areas, drives, walkways, landscaping, mechanical, electrical, plumbing, HVAC and other systems and components that are located on or within the Premises. All repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) made by Tenant shall be at least equal in quality to the interior side original work and shall be made by Tenant in accordance with all laws, ordinances and regulations whether heretofore or hereafter enacted. If Tenant, its employees, agents, contractors or invitees damage any part of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in the premises or property of adjoining owners or other tenants, Tenant shall promptly repair such damage. Tenant shall keep all portions of the Building; (6) supplemental air conditioning unitsPremises free from litter caused by Tenant operations. Tenant shall at its expense clean, private showers snowplow and kitchensde-ice, including hot water heatersas and when necessary, plumbingall parking lots, dishwashersdrives and walkways on the Premises. Tenant shall at its expense perform all repairs, ice machines modifications and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenantimprovements as may be required to keep and maintain the Premises in full compliance with all applicable laws, including related HVAC balancing; codes and (9) all ordinances, as the same may change from time to time. If any governmental entity issues a violation notice of Tenant’s furnishingsany laws, trade fixtures, equipment and inventory. Prior to performing any such repair obligationcodes or ordinances, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to promptly take and perform any of the maintenance or repair obligations specified in and all actions and work necessary to cure such noticeviolation. Tenant shall at its expense install and maintain fire alarms, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except sprinkler alarms and other alarm systems and take other actions, as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not may be required if there is an emergency), Landlord may, in addition by the fire department and Landlord’s insurance carriers. At all times Tenant shall cause all such alarms to any other remedy available to Landlord, make the repairsbe monitored by off-site monitoring companies, and Tenant shall pay to Landlord have all such alarms and sprinkler systems inspected at least annually in a manner required by the reasonable cost of the repairs within 30 days after receipt of an invoicefire department, together with an administrative charge in an amount equal to 15% of the cost of the repairsall at Tenant’s expense.

Appears in 1 contract

Samples: Loan and Security Agreement (4Front Ventures Corp.)

Tenant’s Repair Obligations. Subject to Section 3.03, Section 3.04, Article 12 and Section 15.05 below, Tenant shall shall, at its own expense, keep the Premises clean and safe and in as good repair and condition as when all of the work described in the Work Letter was completed (or as to subsequent Work, as and repairwhen such Work was completed, ordinary wear and tear and damage from casualty and to which Tenant is not obligated to repair pursuant to the express terms of this Lease excepted. Tenant’s repair obligations include) (including, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side repair, maintenance and replacement of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other all horizontal portions of the Building; (6) supplemental air conditioning units, private showers systems and kitchensfacilities of the Building exclusively serving the Premises, including hot water heatersthe sanitary and electrical fixtures and equipment therein, plumbingand including, dishwasherswithout limitation, ice machines all restrooms located within the Premises) and similar facilities serving shall promptly and adequately repair all damage to the Premises and the Building (subject to Section 15.05) caused by Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenantor any of its employees, agents, guests or invitees, including related HVAC balancing; replacing or repairing all damaged or broken glass, fixtures and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing appurtenances resulting from any such repair obligationdamage, Tenant shall give written notice to Landlord describing under the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance supervision and with the rules and procedures described in Section 9.C belowapproval of Landlord. If Tenant fails to does not promptly and adequately make any such repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency)or replacements, Landlord may, in addition to any other remedy available to Landlordbut need not, make the repairs, such repairs and replacements and Tenant shall pay to Landlord the reasonable cost thereof within thirty (30) days after demand therefor. Notwithstanding the foregoing provisions, Tenant shall not be responsible for repairs to or replacements of any structural elements of the Building, except to the extent the need for such repairs within 30 days after receipt or replacements arises from (a) the performance or existence of an invoiceWork performed by or on behalf of Tenant (including the Turn-Key Work, together with an administrative charge in an amount equal to 15% but excluding any such repairs or replacements first arising during the actual performance of the cost Turn-Key Work as a result of Landlord’s or any of its contractors’ or employees’ negligence or willful misconduct during the performance of such Turn-Key Work), (b) the installation, use or operation of Tenant Personalty (but only to the extent the same would not be incurred with respect to typical office equipment customarily used by office tenants in Comparable Buildings, except to the extent the same are installed, used or operated improperly by or on behalf of Tenant), (c) the moving of Tenant Personalty in or out of the repairsBuilding, (d) the negligence or willful misconduct of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees, or (e) design flaws in any of Tenant’s plans and specifications regardless of the fact that such Tenant’s plans may have been approved by Landlord (including the Turn-Key Work). Subject to Section 15.05, in no event shall Tenant be required to make repairs necessitated by the negligence or willful misconduct of Landlord or of Landlord’s employees, agents, contractors, or of any other Landlord Indemnified Party.

Appears in 1 contract

Samples: Office Lease (Schrodinger, Inc.)

Tenant’s Repair Obligations. Except for those repairs which are to be performed by Landlord as described below, Tenant shall, at its sole cost, take good care of the Premises, and shall keep the Premises same in good condition order and repaircondition, ordinary wear and tear excepted. Tenant’s repair obligations includeshall, without limitationlimitation promptly make and perform all necessary repairs, repairs to: (1) floor covering and/or raised flooring; (2) maintenance and replacements to mechanical, electrical, plumbing, loading, and HVAC systems, interior partitions; (3) walls, ceilings and floors, loading areas, landscaping, parking and driveways, walls, doors; (4) , windows and all other building components, refuse and loading areas, entrances and passageways, except for damage caused by the interior side act or neglect of demising walls; (5) electronicLandlord, phone its subtenants, employees, agents, invitees, or contractors. Tenant shall, at its sole cost, perform all landscaping, salting, de-icing and data cabling snowplowing at its cost. Tenant shall further, at its sole cost, perform all obligations and related equipment pay all assessments imposed on the owner of the Premises pursuant to the Declaration of Covenants, Conditions and Restrictions for Turnpike Crossing, dated April 30, 2001 and recorded in Deed book 4937 page 71, as amended by First Amendment of Declaration of Covenants, Conditions and Restrictions for Turnpike Crossing, dated September 17, 2001, and recorded in Deed Book 4962 page 333, and Second Amendment of Declaration of Covenants, Conditions and Restrictions for Turnpike Crossing, dated December 22, 2003, as the same may be subsequently amended (collectively, the CableDeclaration) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions ). A copy of the Building; (6) supplemental air conditioning units, private showers Declaration is attached hereto as Exhibit “B” and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventoryincorporated herein. Prior to performing any such repair obligationIf the Declaration is hereafter amended, Tenant shall give written notice not be obligated to Landlord describing the necessary maintenance or repair. Upon receipt comply with any terms of such noticeamendment which conflict with the terms of this Lease or materially increase Tenant’s obligations. Notwithstanding anything herein or in the Declaration to the contrary, Landlord may elect either Tenant shall not be responsible (i) to perform any repair or maintain common utilities or lines which serve more than one parcel in the Turnpike Crossing Industrial Park, except to the extent of the maintenance its pro-rata share of such costs or repair obligations specified in such noticerelated association assessments, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided hereinii) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to or replacements required by the Premises for more than 15 days after notice from Declaration that would be the obligation of Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsunder Section 8.1 or Article 14 below.

Appears in 1 contract

Samples: Childrens Place Retail Stores Inc

Tenant’s Repair Obligations. Subject to the provisions of this Lease relating to Landlord's maintenance and repair obligations, condemnation and damage and destruction and Landlord's obligations set forth in Section 6, Tenant shall shall, at Tenant's own expense, keep the Premises Premises, including all improvements, fixtures, furnishings, furniture, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Premises, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense and repairwithin a reasonable period of time following written notice from Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) or beyond the interior side reasonable control of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenantprovided however, including related HVAC balancing; and (9) all of Tenant’s furnishingsthat, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such noticeat Landlord's option, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If if Tenant fails to make any such repairs to the Premises for more than 15 within fifteen (15) days after following written notice from Landlord (although or if such repairs cannot reasonably be completed within such fifteen (15) day period and Tenant shall fail to commence such repairs within fifteen (15) days after notice shall not be required if there is an emergencyand proceed diligently to completion thereafter), Landlord may, in addition to any other remedy available to Landlordbut need not, make the repairssuch repairs and replacements, and Tenant shall pay to Landlord the reasonable cost of the repairs within 30 days after receipt of an invoicethereof, together with plus an administrative charge in an amount equal to 15% ten percent (10%) of the cost thereof to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements within thirty (30) days after Tenant’s receipt of paid invoices from Landlord. Subject to Section 10.6, (Waiver of Subrogation), Landlord will be responsible for the repairsrepair of any damages to the Premises caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors.

Appears in 1 contract

Samples: Office Lease (Skechers Usa Inc)

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth in Sections 11.2, 16.1, 18.1 and 19.2 hereof, Tenant shall keep at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary, the Premises and all parts thereof including, without limitation, all Tenant Improvements, Tenant Changes, utility meters, all special or supplemental HVAC systems, electrical systems, pipes and conduits, located within the Premises, all fixtures, furniture and equipment, Tenant’s storefront (if any), Tenant’s signs, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen and/or restroom facilities and appliances located within the Premises to the extent such facilities and appliances are intended for the exclusive use of Tenant, custom lighting, and any alterations, additions and other property located within the Premises in good first-class condition and repair, ordinary reasonable wear and tear tear, and any casualty damage covered by Landlord’s insurance excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone any and data cabling all plate and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located other glass in and about the Premises which is damaged or in other portions broken from any cause whatsoever except due to the gross negligence or willful misconduct of the Building; (6) supplemental air conditioning unitsLandlord, private showers its agents or employees and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively not covered by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such noticeinsurance maintained, or require that required to be maintained, by Tenant perform such obligations hereunder. Such maintenance and repairs shall be performed with due diligence, lien-free and in a first-class and workmanlike manner, by using contractors licensed contractor(s) which are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or delay. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except Except as otherwise expressly provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency)this Lease, Landlord mayshall have no obligation to alter, in addition to remodel, improve, repair, renovate, redecorate or paint all or any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost part of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsPremises.

Appears in 1 contract

Samples: Work Letter Agreement (Axesstel Inc)

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth elsewhere in this Lease and in Section 8.1 above and in the Summary, Tenant shall at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary, the interior of the Premises and all parts thereof including, without limitation, all Tenant Improvements, Alterations, and all furniture, fixtures and equipment, including, without limitation, all computer, telephone and data cabling and equipment, Tenant’s signs, if any, door locks, closing devices, security devices, interior of windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen, restroom facilities and/or appliances of any kind located within the Premises, if any, custom lighting, and any additions and other property located within the Premises, so as to keep all of the foregoing elements of the Premises in good condition and repair, ordinary reasonable wear and tear and casualty damage excepted. Tenant shall replace, at its expense, any and all plate and other glass in and about the Premises which is damaged or broken from any cause whatsoever except due to the negligence or willful misconduct of Landlord, its agents or employees. Such maintenance and repairs shall be performed with due diligence, lien-free and in a first-class and workmanlike manner, by licensed contractor(s) that are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or delay. All other repair and maintenance of the Premises, Building and Property to be performed by Tenant, if any, shall be as provided in the Summary. If Tenant refuses or neglects to repair and maintain the Premises properly as required hereunder to the reasonable satisfaction of Landlord, then at any time following ten (10) days from the date on which Landlord makes a written demand on Tenant to effect such repair and maintenance, Landlord may enter upon the Premises and make such repairs and/or maintenance, and upon completion thereof, Tenant agrees to pay to Landlord as Additional Rent, Landlord’s costs for making such repairs plus an amount not to exceed ten percent (10%) of such costs for overhead, within ten (10) days after receipt from Landlord of a written itemized xxxx therefor. Any amounts not reimbursed by Tenant within such ten (10) day period will bear interest at the Interest Rate until paid by Tenant. Notwithstanding the foregoing, in the event that Tenant’s repair obligations include, without limitation, repairs to: obligation as set forth herein requires Tenant to replace any Building standard HVAC unit(s) servicing the Premises Landlord agrees to perform the work (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is but excluding any supplemental HVAC installed by or for Tenant) for the benefit replacement of such HVAC unit(s) servicing the Premises as and when determined by Landlord in good faith, provided that Tenant has maintained the HVAC systems as required under this Lease and where such work is not required due to any misuse, negligence or willful misconduct of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all any of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance Parties or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition due to any other remedy available to Landlordalterations by Tenant. In such event, make the repairs, and Tenant shall pay to Landlord as Additional Rent each month concurrently with the reasonable cost payment of Monthly Base Rent the amount of such capital replacement amortized over the useful life of the repairs within 30 days after receipt of an invoice, capital improvement together with an administrative charge in an amount equal to 15% of interest at the cost of the repairsInterest Rate.

Appears in 1 contract

Samples: Work Letter Agreement (Gigamon LLC)

Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises in good order, condition and repair, ordinary damage due to fire, casualty, taking and reasonable wear and tear excepted. For purposes of this Lease, the term “reasonable wear and tear” constitutes that normal, gradual deterioration which occurs due to aging and ordinary use of the Premises despite reasonable and timely maintenance and repair, but in no event shall “reasonable wear and tear” excuse Tenant from its duty to keep the Premises in good maintenance and repair or otherwise usable, serviceable and tenantable. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooringcovering; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone phone, telecommunications and data cabling and related equipment (collectively, “Cable”) that is installed by or for the exclusive benefit of Tenant whether and located in the Premises or in other portions of the BuildingBuilding (and Tenant’s contractor shall have access to the Building electrical and telephone closets for connection and maintenance without any charge from Landlord); (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; and (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C 9.C. below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergencyemergency involving risk of imminent injury to persons or imminent and significant property damage), Landlord may, in addition to any other remedy available to Landlord, may make the repairs, and Tenant shall pay to Landlord the reasonable cost of the repairs to Landlord within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 1510% of the cost of the repairs. Notwithstanding the foregoing, if the repair required of Tenant cannot be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant has commenced such repair within said 15 day period and is diligently pursuing the same to completion.

Appears in 1 contract

Samples: Office Lease Agreement (Centrexion Therapeutics Corp)

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth in Sections 11.2, 16.1, 18.1 and 19.2 hereof, Tenant shall keep at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary, the Premises and all parts thereof including, without limitation, all Tenant Improvements, Tenant Changes, utility meters, all special or supplemental HVAC systems, electrical systems, pipes and conduits, located within the Premises, all fixtures, furniture and equipment, Tenant’s storefront (if any), Tenant’s signs, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen and/or restroom facilities and appliances located within the Premises to the extent such facilities and appliances are intended for the exclusive use of Tenant, custom lighting, and any alterations, additions and other property located within the Premises in good first-class condition and repair, ordinary reasonable wear and tear excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone any and data cabling all plate and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located other glass in and about the Premises which is damaged or in other portions broken from any cause whatsoever except due to the gross negligence or willful misconduct of the Building; (6) supplemental air conditioning unitsLandlord, private showers its agents or employees and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively not covered by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such noticeinsurance maintained, or require that required to be maintained, by Tenant perform such obligations hereunder. Such maintenance and repairs shall be performed with due diligence, lien-free and in a first-class and workmanlike manner, by using contractors licensed contractors) which are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or delay. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except Except as otherwise expressly provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency)this Lease, Landlord mayshall have no obligation to alter, in addition to remodel, improve, repair, renovate, redecorate or paint all or any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost part of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsPremises.

Appears in 1 contract

Samples: Work Letter Agreement (Auspex Pharmaceuticals, Inc.)

Tenant’s Repair Obligations. Tenant shall keep take good --------------------------- care of the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law or like import) and, at Tenant's sole cost and expense, shall make all repairs and replacements, structural and otherwise, ordinary and extraordinary, foreseen and unforeseen as and when needed to preserve the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and the sprinkler system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law of like import) in good condition and repairsafe working order and in first class repair and condition, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) except that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall not be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails required to make any repairs or replacements to the Demised Premises unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant or any of their servants, employees, contractors, agents, visitors or licensees, or by the manner of use or occupancy of the Demised Premises (in contradistinction to the mere use of the Demised Premises for more office purposes) by Tenant or any such person. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, and perform all maintenance as and when necessary, to the lamps, tubes, ballasts, and starters in the lighting fixtures installed in the Demised Premises, (ii) make all repairs and replacements, as and when necessary, to Tenant's Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant, and (iii) if the Demised Premises shall include any space on any ground, street, mezzanine or basement floor in the Building, make all replacements, as and when necessary, to all windows and plate and other glass in, on or about such space, and obtain and maintain, throughout the Demised Term, plate glass insurance policies issued by companies, and in form and amounts, satisfactory to Owner, in which Owner, its agents and any lessor under any ground or underlying lease shall be named as parties insured, and (iv) perform all maintenance and make all repairs and replacements, as and when necessary, to any air conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than 15 days after notice from Landlord (although notice the Building's standard equipment and systems) which may be installed in the Demised Premises by Owner, Tenant or others. However, the provisions of the foregoing sentence shall not be required if there is an emergency)deemed to give to Tenant any right to install air conditioning equipment, Landlord mayelevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in addition to any other remedy available to Landlord, make the repairsconformity with, and Tenant subject to the provisions of Article 3 and shall pay be at least equal in quality and class to Landlord the reasonable cost original work or installation. The necessity for, and adequacy of, repairs and replacements pursuant to this Article 5 shall be measured by the standard which is appropriate for first class office buildings of similar construction and class in the repairs within 30 days after receipt Borough of an invoiceManhattan, together with an administrative charge in an amount equal to 15% City of the cost of the repairsNew York.

Appears in 1 contract

Samples: Blackrock Inc /Ny

Tenant’s Repair Obligations. Tenant shall keep take good care of the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law or like import) and, at Tenant's sole cost and expense, shall make all repairs and replacements, ordinary and extraordinary, foreseen and unforeseen as and when needed to preserve the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law of like import) in good condition and repairsafe working order and in first class repair and condition, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) except that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall not be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails required to make any repairs or replacements to the Demised Premises unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant or any of their servants, employees, contractors, agents, visitors or licensees, or by the manner of use or occupancy of the Demised Premises by Tenant or any such person (in contradistinction to the mere use or occupancy of the Demised Premises for more the purposes set forth in Section 2.01). Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, and perform all maintenance as and when necessary, to the lamps, tubes, ballasts, and starters in the lighting fixtures installed in the Demised Premises, (ii) make all repairs and replacements, as and when necessary, to Tenant's Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant, and (iii) if the Demised Premises shall include any space on any ground, street, mezzanine or basement floor in the Building, make all replacements, as and when necessary, to all windows and plate and other glass in, on or about such space, and obtain and maintain, throughout the Demised Term, plate glass insurance policies issued by companies, and in form and amounts, satisfactory to Owner, in which Owner, its agents and any lessor under any ground or underlying lease shall be named as parties insured, and (iv) perform all maintenance and make all repairs and replacements, as and when necessary, to any air conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than 15 days after notice from Landlord (although notice the Building's xxxx dard equipment and systems) which may be installed in the Demised Premises by Owner, Tenant or others. However, the provisions of the foregoing sentence shall not be required if there is an emergency)deemed to give to Tenant any right to install air conditioning equipment, Landlord mayelevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in addition to any other remedy available to Landlord, make the repairsconformity with, and Tenant subject to the provisions of Article 3 and shall pay be at least equal in quality and class to Landlord the reasonable cost original work or installation. The necessity for, and adequacy of, repairs and replacements pursuant to this Article 5 shall be measured by the standard which is appropriate for first class office buildings of similar construction and class in the repairs within 30 days after receipt Borough of an invoiceManhattan, together with an administrative charge in an amount equal to 15% City of the cost of the repairsNew York.

Appears in 1 contract

Samples: Agreement of Lease (Iturf Inc)

Tenant’s Repair Obligations. Tenant shall keep at all times and at Tenant's sole cost and expense, keep, maintain, clean, repair, replace and preserve the Premises and all parts thereof, both structural and non-structural, including, without limitation, utility meters, plumbing, pipes and conduits, all heating, ventilating and air conditioning systems located within the Premises, all fixtures, furniture and equipment, Tenant's signs, if any, locks, closing devices, security devices, windows, window sashes, casements and frames, floors and floor coverings, shelving, restrooms, ceilings, interior and exterior walls, roof, foundations, skylights, interior and demising walls, doors, electrical and lighting equipment, sprinkler systems, parking areas, driveways, walkways, parking lots, loading dock areas and doors, rail spur areas, fences, signs, lawns and landscaping, if any, and any Tenant Improvements, Tenant Changes or other alterations, additions and other property and/or fixtures located within the Premises in good condition and repair, ordinary except for reasonable wear and tear exceptedtear, casualty damage (if Tenant is not obligated to repair hereunder), condemnation and Hazardous Materials not introduced to, in, on, under or about the Premises by Tenant or Tenant's Parties. Tenant’s 's repair and maintenance obligations shall include, without limitationbut not be limited to, repairs to: slurry coating the parking areas of Parcel 1 and the Parking Lot every thirty (130) floor covering and/or raised flooringmonths; (2) interior partitionsparking area and driveway sweeping and repairing; (3) doors; (4) the interior side of demising walls; (5) electronicand responsibility for painting. Tenant agrees to procure and maintain maintenance contracts for all heating, phone ventilating and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by systems with reputable contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors reasonably approved by Landlord. All work that is Tenant’s responsibility hereunder Such maintenance and repairs shall be performed with due diligence, lien-free and in a good and workmanlike manner, by licensed contractor(s) which are selected by Tenant (except as otherwise and approved by Landlord, which approval Landlord shall not unreasonably withhold or delay. Except to the extent provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs 1.2 above with respect to the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency)construction of the Parking Lot Improvements, Landlord mayshall have no obligation to alter, in addition to remodel, improve, repair, renovate, redecorate or paint all or any other remedy available to Landlord, make the repairs, and Tenant shall pay to Landlord the reasonable cost part of the repairs within 30 days after receipt of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsPremises.

Appears in 1 contract

Samples: Cymer Inc

Tenant’s Repair Obligations. A. Tenant shall keep take good care of the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system) and, at Tenant's sole cost and expense, shall make all repairs and replacements, structural and otherwise, ordinary and extraordinary, foreseen and unforeseen as and when needed to preserve the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system) in good condition and repairsafe working order and in first class repair and condition, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require except that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required to make any structural repairs or structural replacements to the Demised Premises unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. For the purposes of this Article, any repairs or work involving asbestos or other hazardous materials (except to the extent the same is the obligation of owner pursuant to Section 3.05) and the Americans With Disabilities Act and any successor laws of like import shall be deemed to be non-structural repairs or replacements. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, and perform all maintenance as and when necessary, to the lamps, tubes, ballasts, and starters in the lighting fixtures installed in the Demised Premises, (ii) make all repairs and replacements, as and when necessary, to Tenant's Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant, and (iii) if there is an emergency)the Demised Premises shall include any space on any ground, Landlord maystreet, mezzanine or basement floor in the Building, make all replacements, as and when necessary, to all windows and plate and other glass in, on or about such space, and obtain and maintain, throughout the Demised Term, plate glass insurance policies issued by companies, and in form and amounts, satisfactory to Owner, in addition which Owner, its agents and any lessor under any ground or underlying lease shall be named as parties insured, and (iv) perform all maintenance and make all repairs and replacements, as and when necessary, to any air conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other remedy available than the Building's standard equipment and systems) which may be installed in the Demised Premises by Owner, Tenant or others. However, the provisions of the foregoing sentence shall not be deemed to Landlordgive to Tenant any right to install air conditioning equipment, make the repairselevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with, and Tenant subject to the provisions of Article 3 and shall pay be at least equal in quality and class to Landlord the reasonable cost original work or installation. The necessity for, and adequacy of, repairs and replacements pursuant to this Article 5 shall be measured by the standard which is appropriate for first class office buildings of the repairs within 30 days after receipt similar construction and class in Nassau County, State of an invoice, together with an administrative charge in an amount equal to 15% of the cost of the repairsNew York.

Appears in 1 contract

Samples: GTJ REIT, Inc.

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth elsewhere in this Lease and in Section 8.1 above and in the Summary, Tenant shall at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, preserve and replace, as necessary, the interior of the Premises and all parts thereof including, without limitation, all Tenant Improvements, Alterations, and all furniture, fixtures and equipment, including, without limitation, all computer, telephone and data cabling and equipment, Tenant’s signs, if any, door locks, closing devices, security devices, interior of windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen, restroom facilities and/or appliances of any kind located within the Premises, if any, custom lighting, and any additions and other property located within the Premises, so as to keep all of the foregoing elements of the Premises in good condition and repair, ordinary reasonable wear and tear and casualty damage excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, any and all plate and other glass in and about the Premises which is damaged or broken from any cause whatsoever except due to the negligence or willful misconduct of Landlord, its agents or employees. Such maintenance and repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronicshall be performed with due diligence, phone lien-free and data cabling in a first-class and related equipment (collectivelyworkmanlike manner, “Cable”by licensed contractor(s) that is installed are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or for the benefit of Tenant whether located in the Premises or in delay. All other portions repair and maintenance of the Building; (6) supplemental air conditioning unitsPremises, private showers Building and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) Property to be performed by contractors retained by Tenant, including related HVAC balancing; if any, shall be as provided in the Summary. If Tenant refuses or neglects to repair and maintain the Premises properly as required hereunder to the reasonable satisfaction of Landlord, then at any time following ten (910) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior days from the date on which Landlord makes a written demand on Tenant to performing any effect such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such noticeand maintenance, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to enter upon the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, and make the repairssuch repairs and/or maintenance, and Tenant shall upon completion thereof, Xxxxxx agrees to pay to Landlord the reasonable cost as Additional Rent, Landlord’s costs for making such repairs plus an amount not to exceed ten percent (10%) of the repairs such costs for overhead, within 30 thirty (30) days after receipt from Landlord of an invoice, together with an administrative charge in an amount equal to 15% of a written itemized bill therefor. Any amounts not reimbursed by Tenant within such thirty (30) day period will bear interest at the cost of the repairsInterest Rate until paid by Xxxxxx.

Appears in 1 contract

Samples: iRhythm Technologies, Inc.

Tenant’s Repair Obligations. Tenant shall keep the Premises in take good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant whether located in the Premises or in other portions care of the Building; Demised Premises (6including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law or like import) supplemental air conditioning unitsand, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior to performing any such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such notice, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense sole cost and expense, shall make all repairs and replacements, structural and otherwise, ordinary and extraordinary, foreseen and unforeseen as and when needed to preserve the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system and any sprinkler system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law of like import) in accordance with the rules good and procedures described safe working order and in Section 9.C below. If first class repair and condition, except that Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required to make any structural repairs or structural replacements to the Demised Premises unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant or any of their servants, employees, contractors, agents, visitors or licensees, or by the manner of use or occupancy of the Demised Premises by Tenant or any such person (in contradistinction to the mere use or occupancy of the Demised Premises for general office use). For the purposes of this Article, the installation, maintenance, repair and replacement of a sprinkler system or any part thereof, or any work pertaining to such sprinkler system, or any repairs or work involving asbestos or other hazardous materials or involving compliance with Local Laws #5 of 1973, #16 of 1984, #58 of 1987 and the Americans With Disabilities Act and any successor laws of like import shall be deemed to be non-structural repairs or replacements. Without affecting Tenant’s obligations set forth in the preceding sentence, Tenant, at Tenant’s sole cost and expense, shall also (i) make all repairs and replacements, and perform all maintenance as and when necessary, to the lamps, tubes, ballasts, and starters in the lighting fixtures installed in the Demised Premises, (ii) make all repairs and replacements, as and when necessary, to Tenant’s Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant, and (iii) if there is an emergency)the Demised Premises shall include any space on any ground, Landlord maystreet, mezzanine or basement floor in the Building, make all replacements, as and when necessary, to all windows and plate and other glass in, on or about such space, and obtain and maintain, throughout the Demised Term, plate glass insurance policies issued by companies, and in form and amounts, reasonably satisfactory to Owner, in addition which Owner, its agents and any lessor under any ground or underlying lease shall be named as parties insured, and (iv) perform all maintenance and make all repairs and replacements, as and when necessary, to any air conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other remedy available than the Building’s standard equipment and systems) which may be installed in the Demised Premises for the sole use of Tenant. However, the provisions of the foregoing sentence shall not be deemed to Landlordgive to Tenant any right to install air conditioning equipment, make the repairselevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with, and Tenant subject to the provisions of Article 3 and shall pay be at least equal in quality and class to Landlord the reasonable cost original work or installation. The necessity for, and adequacy of, repairs and replacements pursuant to this Article 5 shall be measured by the standard which is appropriate for first class office buildings of similar construction and class in the repairs within 30 days after receipt Borough of an invoiceManhattan, together with an administrative charge in an amount equal City of New York. Tenant’s obligations under this Section 5.01 shall be subject to 15% the provisions of Article 9 and the cost so-called “waiver of the repairssubrogation” provisions referred to therein.

Appears in 1 contract

Samples: 3PAR Inc.

Tenant’s Repair Obligations. Except for Landlord’s obligations specifically set forth elsewhere in this Lease and in Section 8.1 above and in the Summary, Tenant shall at all times and at Tenant’s sole cost and expense, keep, maintain, clean, repair, replace and preserve, as necessary, the interior of the Premises and all parts thereof including, without limitation, all Tenant Improvements, Alterations, and all furniture, fixtures and equipment, including, without limitation, all computer, telephone and data cabling and equipment, Tenant’s signs, if any, door locks, closing devices, security devices, interior of windows, window sashes, casements and frames, floors and floor coverings, shelving, kitchen, restroom facilities and/or appliances of any kind located within the Premises, if any, custom lighting, and any additions and other property located within the Premises, so as to keep all of the foregoing elements of the Premises in good condition and repair, ordinary reasonable wear and tear and casualty damage excepted. Tenant’s repair obligations includeTenant shall replace, without limitationat its expense, any and all plate and other glass in and about the Premises which is damaged or broken from any cause whatsoever except due to the negligence or willful misconduct of Landlord, its agents or employees. Such maintenance and repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronicshall be performed with due diligence, phone lien-free and data cabling in a first-class and related equipment (collectivelyworkmanlike manner, “Cable”by licensed contractor(s) that is installed are selected by Tenant and approved by Landlord, which approval Landlord shall not unreasonably withhold or for the benefit of Tenant whether located in the Premises or in delay. All other portions repair and maintenance of the Building; (6) supplemental air conditioning unitsPremises, private showers Building and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations (defined below) Property to be performed by contractors retained by Tenant, including related HVAC balancing; if any, shall be as provided in the Summary. If Tenant refuses or neglects to repair and maintain the Premises properly as required hereunder to the reasonable satisfaction of Landlord, then at any time following ten (910) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Prior days from the date on which Landlord makes a written demand on Tenant to performing any effect such repair obligation, Tenant shall give written notice to Landlord describing the necessary maintenance or repair. Upon receipt of such noticeand maintenance, Landlord may elect either to perform any of the maintenance or repair obligations specified in such notice, or require that Tenant perform such obligations by using contractors approved by Landlord. All work that is Tenant’s responsibility hereunder shall be performed by Tenant (except as otherwise provided herein) at Tenant’s expense in accordance with the rules and procedures described in Section 9.C below. If Tenant fails to make any repairs to enter upon the Premises for more than 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may, in addition to any other remedy available to Landlord, and make the repairssuch repairs and/or maintenance, and upon completion thereof, Tenant shall agrees to pay to Landlord the reasonable cost as Additional Rent, Landlord’s costs for making such repairs plus an amount not to exceed five percent (5%) of the repairs such costs for overhead, within 30 ten (10) days after receipt from Landlord of an invoice, together with an administrative charge in an amount equal to 15% of a written itemized xxxx therefor. Any amounts not reimbursed by Tenant within such ten (10) day period will bear interest at the cost of the repairsInterest Rate until paid by Tenant.

Appears in 1 contract

Samples: Lease (Corium International, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.