Common use of Tenant’s Repair Obligations Clause in Contracts

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, reasonable wear and tear excepted, and in accordance with Law. Tenant's repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue any repairs to the Premises for which Tenant is responsible for more than ten (10) days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice and evidence of the cost thereof, together with an administrative charge in an amount equal to 10% of the cost of the repairs.

Appears in 2 contracts

Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)

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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, reasonable wear and tear excepted, excepted and in accordance with Lawdamage by casualty (subject to the terms of Article XVII). Tenant's repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 105% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease Agreement (Lecg Corp)

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, reasonable wear and tear excepted, and in accordance with Law. Tenant's repair obligations include, without limitation, repairs to: (1) floor covering; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5walls;(5) electronic, phone and data cabling and related equipment (collectively, "Cable") that is installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue any repairs to the Premises for which Tenant is responsible for more than ten (10) days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice and evidence of the cost thereof, together with an administrative charge in an amount equal to 10% of the cost of the repairs.

Appears in 1 contract

Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, 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 ’s express responsibility under this Lease, and shall keep the Premises in good condition and repair, reasonable wear and tear excepted, and in accordance with Law. Tenant's ’s repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably 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 commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion.

Appears in 1 contract

Samples: Office Lease Agreement (Behringer Harvard Opportunity REIT I, 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 condition and repair, reasonable wear and tear and damage by casualty (subject to the terms of Article XVII) excepted, and in accordance with Law. Tenant's repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 10% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease Agreement (Ziprealty 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 condition and repair, reasonable wear and tear and damage due to casualty (subject to Section XVII below) or condemnation excepted, and in accordance with Law. Tenant's repair obligations include, without limitation, shall consist of repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 107% of the cost of the repairs. Notwithstanding the foregoing, if more than 15 days is reasonably required to complete such repairs, then Tenant shall be allowed additional time (not to exceed 60 days) as is reasonably necessary to complete such repairs so long as: (i) Tenant commences the work within 15 days, and (ii) Tenant diligently pursues a course of action to complete the work. However, if Tenant's failure to complete the work within 15 days creates a hazardous condition, then the failure may be cured immediately by Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (Inktomi Corp)

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, reasonable wear and tear excepted, and in accordance with Lawsubject to the provisions of Section XVII (Casualty Damage) and XVIII (Condemnation) of this Lease. Tenant's repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 30 days after notice from Landlord (although notice shall not be required if there is an emergency) (which 30-day period shall be extended for such additional time as shall be reasonably necessary under the circumstances provided that Tenant commences cure within such 30-day period and is diligently prosecuting completion of the same), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 10% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease Agreement (Allaire Corp)

Tenant’s Repair Obligations. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs in and to the Premises (excepting only such repairs and maintenance that are not Landlord's the obligation of Landlord pursuant to the express responsibility under provisions of this Lease), and shall in order to keep the Premises in good condition and repair, reasonable wear and tear and damage by reason of casualty excepted, and in accordance with Law. Tenant's repair and maintenance obligations shall include, without limitation, repairs tomaintaining and repairing the following: (1) floor coveringcoverings; (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 exclusive benefit of Tenant and located in the Premises or other portions of the BuildingCabling Work; (6) any heating, ventilation and air conditioning systems that are located within and/or exclusively serving the Premises, including, without limitation, supplemental air conditioning units, emergency generatorsprivate showers, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant the Premises exclusively; and (7) Alterations (as defined below) performed made by contractors retained by or on behalf of Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue any repairs to maintain or repair the Premises for which Tenant is responsible and such failure continues for more than ten fifteen (1015) days after notice from Landlord (although notice shall not be required if there is an emergency)Landlord, then Landlord may make the elect to perform such maintenance and repairs. In such event, and Tenant shall pay the reimburse Landlord, as Additional Rent, for all reasonable cost of the repairs to costs and expenses incurred by Landlord within thirty (30) days after receipt of an invoice and evidence of the cost thereof, together with an administrative charge in an amount equal to 10% of the cost of the repairstherefore.

Appears in 1 contract

Samples: Lease Agreement (Trillium Therapeutics 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 condition and repair, reasonable wear and tear and damage from casualty and condemnation (subject to the terms of Articles XVII and XVIII) excepted, and in accordance with Law. Tenant's repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing; and (8) so long as Tenant is the Sole Tenant of the Building, heating, ventilating and air conditioning systems and equipment serving the Building. In addition and notwithstanding anything to the contrary contain in Section IX.B below, if Tenant is the Sole Tenant of the Building (as defined in Section VII.A.1.), Tenant's repair obligations shall also include, without limitation, the following: (a) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Buildings in general (including any equipment related thereto and located upon the roof of the Building); (b) the interior Common Areas of the Buildings (Landlord shall maintain the exterior Common Areas of the Buildings in accordance with its obligations as provided in Section IX.B below); and (c) exterior windows of the Building (excluding a failure of the window panes resulting from outspray from the water features of the Exterior Common Areas (i.e., water fountains) or exterior sprinklers, the repair costs thereof to be borne by Landlord). All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 105% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably 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 commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion. If, pursuant to the terms of this Lease, Tenant is responsible for the repair and maintenance of the heating, ventilating and air conditioning units servicing the Premises, within 30 days following Landlord's receipt of written demand therefor accompanied by documented evidence of any such expense, Landlord shall reimburse Tenant for the costs of repairs, maintenance and replacement of the heating, ventilating and air conditioning units servicing the 2051 Building in excess of normal repair and maintenance (as defined in Section IV.C.7(r)) until the day following substantial completion of the HVAC Replacement Work (as defined in Section IX.B of this Lease) with respect to the 2051 Building and for the costs of repairs, maintenance and replacement of the heating, ventilating and air conditioning units servicing the 2061 Building in excess of normal repair and maintenance until the day following substantial completion of the HVAC Replacement Work with respect to the 2061 Building; provided that Landlord's obligation to reimburse Tenant as provided above shall in no event apply to the extent that any such items are covered under Tenant's Service Contract. For purposes of the foregoing, "normal repair and maintenance" shall have the same meaning as given in Section IV.C.7(r). If Tenant is the Sole Tenant of the Building (as defined in Section VII.A.1. above) Tenant, at Tenant's own expense, shall procure and maintain in full force and effect, a maintenance/service contract(s) (the "Service Contract"), in a form and with a maintenance contractor reasonably approved by Landlord, providing for the service, maintenance and repair of all (i) heating, ventilating and air conditioning systems and equipment, (ii) fire/life safety systems and equipment, and (iii) if required by Landlord, any other plumbing, electrical or mechanical systems and equipment serving the Building. The service contract(s) must include all services suggested by the equipment manufacturer within the operation/maintenance manual relating to such equipment and systems and must become effective and a copy thereof delivered to Landlord within thirty (30) days after the Commencement Date with respect to items (i) and (ii) above, or within 30 days after requested by Landlord with respect to item (iii) above. Tenant shall follow all reasonable recommendations of said contractor for the maintenance and repair of the equipment and systems covered by the Service Contract. The Service Contract shall provide that the contractor shall perform regularly scheduled inspections, preventative maintenance and service on the covered equipment and systems, and that having made such inspections, said contractor shall furnish a complete report of any defective conditions found to be existing with respect to such equipment, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the work and in either case charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. Notwithstanding the foregoing, except to the extent caused by Tenant or any of Tenant's agents, employees, contractors or invitees, to the extent that any single capital improvement (as distinguished from replacement parts or components installed in the ordinary course of business) must be made to properly repair, maintain, or replace any portion of the Premises for which Tenant is responsible (including, without limitation, Tenant's responsibility to comply with Laws as expressly provided in this Lease), and the cost of such single capital improvement exceeds $25,000.00 (an "Amortizable Capital Improvement"), so long as Tenant occupies 50% of the Premises, Tenant may elect to pay the amortized portions of the cost of any such Amortizable Capital Improvement which costs shall be amortized by Landlord over the lesser of the Payback Period (as defined in this Lease) or the useful life of the capital improvement as reasonably determined by Landlord. Landlord shall, on Tenant's behalf and at no cost to Landlord, diligently and reasonably enforce existing warranties and guarantees that cover any of Tenant's repair and maintenance obligations under this Lease; provided, however, that the foregoing shall in no event reduce or otherwise diminish Tenant's obligations under the terms and conditions of this Lease. To the extent a repair and maintenance obligation under this Lease is Tenant's responsibility and Landlord is the beneficiary of an existing and unexpired warranty or guaranty, Tenant shall not be obligated for the costs and expenses which are expressly covered by any such warranty and or guaranty (excluding any required contributions), whether or not Landlord actually receives the benefit thereof; provided, however, the foregoing shall not apply in the event and to the extent that Tenant or any Tenant Party invalidates, disqualifies or performs any act or omission that adversely affects the validity and /or effectiveness or enforceability of any such warranty and/or guaranty. Notwithstanding anything to the contrary contained herein, during the first 12 months of the initial Lease Term only, Landlord, not Tenant shall be responsible for any costs for repairs and replacements beyond normal wear and tear to the Premises, the Buildings and the Project, as reasonably determined by Landlord, except to the extent caused or exacerbated directly or indirectly by Tenant or any Tenant Party.

Appears in 1 contract

Samples: Office Lease Agreement (Actel Corp)

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, reasonable wear and tear excepted, and in accordance with Law. Tenant's repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancingbalancing required as a result of such Alteration. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 105% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within five (5) days after notice from Landlord and is diligently pursuing the same to completion.

Appears in 1 contract

Samples: Office Lease Agreement (Infospace Com 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 ’s express responsibility under this Lease, and shall keep the Premises in good condition and repair, reasonable ordinary wear and tear and damage by fire or other casualty for which Landlord is required to make repairs hereunder excepted, and in accordance with Law. Tenant's ’s repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 10% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease Agreement (Brightmail 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 LeaseLease (including, but not limited to such obligations as are set forth in Article XVII below), and shall keep the Premises in good condition and repair, reasonable wear and tear excepted, and in accordance with Law. Tenant's repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities installed by or for the exclusive benefit of Tenant and serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 30 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 10% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease Agreement (Omnisky Corp)

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, reasonable wear and tear excepted, and in accordance with Law. Tenant's repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. Tenant shall not be responsible for any structural alterations or repairs to the Premises, unless such structural alterations or repairs are required as a result of any use of the Premises by Tenant other than the Permitted Use, caused by the negligence or wilful misconduct of Tenant or breach of this Lease by Tenant, required under Section V above or required as a result of any Leasehold Improvements under Section VIII above. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 10% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease Agreement (Interliant Inc)

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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, reasonable ordinary wear and tear excepted, and in accordance with Law. Tenant's ’s repair obligations include, without limitation, repairs to: (1) floor coveringcovering 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 exclusive benefit of Tenant and whether located in the Premises or in other portions of the Building; (6) supplemental air conditioning units, emergency generators, 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 (as 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 shall be performed at Tenant’s expense in accordance with the rules and procedures described in Section IX.C. 9.C below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may 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 thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 105% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease (Varolii CORP)

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, reasonable wear and tear and damage from insured casualty excepted, and in accordance with Law. Tenant's repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the BuildingBuildings; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after written notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereof, together with an administrative charge in an amount equal to 10% of the cost of the repairsinvoice.

Appears in 1 contract

Samples: Office Lease Agreement (Drugstore Com 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 ’s express responsibility under this Lease, and shall keep the Premises in good condition and repair, reasonable wear and tear excepted, and in accordance with Law. Tenant's ’s repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; maintain all electrical devices and light fixtures in good working order. (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, air distribution system and controls inside of premises, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 1015% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease Agreement (Acacia Communications, Inc.)

Tenant’s Repair Obligations. Subject to Landlord's repair obligations in Section IX.B and to the provisions of Sections XVII and XVIII below, Tenant shall, at its sole cost and Tenant's own 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 Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition and repair, reasonable wear and tear excepted, and in accordance with Lawat all times during the Term. Tenant's repair obligations include, without limitation, repairs shall extend to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue complete any repairs to the Premises for which Tenant within 30 days (or such longer period as is responsible for more than ten (10reasonably necessary to complete such repairs) days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 105% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease Agreement (Inktomi Corp)

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 ’s express responsibility under this Lease, and shall keep the Premises in good condition and repair, reasonable wear and tear and damage by fire or other casualty excepted, and in accordance with Law. Tenant's ’s repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities located exclusively within the Premises and/or serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including any related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. 9.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) days after written notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty ten (3010) days after receipt of an invoice and evidence of the cost thereofreasonable supporting documentation, together with an administrative charge in an amount equal to 10% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease Agreement (Akamai Technologies 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 condition and repair, reasonable wear and tear and damage due to casualty or condemnation excepted, and in accordance with Law. Tenant's repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the BuildingBuildings; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue making any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence together with reasonable supporting documentation of the cost thereofamounts set forth in the invoice, together with an administrative charge in an amount equal to 10% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease Agreement (Siebel Systems 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 ’s express responsibility under this Lease, and shall keep the Premises in good condition and repair, reasonable wear and tear excepted, and in accordance with Law. Tenant's ’s repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. below. If Tenant fails to commence and diligently pursue make any repairs to the Premises for which Tenant is responsible for more than ten (10) 15 days after written notice from Landlord (although notice shall not be required if there is an emergency), or if such repairs cannot be completed within fifteen (15) days, if Tenant fails to commence making the repairs and diligently prosecuting the same to completion, Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) 30 days after receipt of an invoice and evidence of the cost thereofinvoice, together with an administrative charge in an amount equal to 10% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease Agreement (Homebanc Corp)

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 ’s express responsibility under this Lease, and shall keep the interior part of the Premises (but not the Base Building) in good condition and repair, reasonable wear and tear excepted, and in accordance with Law. Tenant's ’s repair obligations include, without limitation, repairs to: (1) floor covering; (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 exclusive benefit of Tenant and located in the Premises or other portions of the Building; (6) supplemental air conditioning units, emergency generators, private showers and kitchens, including hot water heaters, plumbing, and similar facilities serving Tenant the Premises exclusively; and (7) Alterations (as defined below) performed by contractors retained by Tenant, including related HVAC balancing. All work shall be performed in accordance with the rules and procedures described in Section IX.C. 9.C. below. If Tenant fails to commence and diligently pursue to make any repairs to the Premises for which Tenant is responsible are required pursuant to this Section 9.A for more than ten (10) days 10 Business Days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may may, upon notice to Tenant, make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days 21 Business Days after receipt of an invoice and evidence of the cost thereofaccompanied by reasonably detailed back-up documentation, together with an administrative charge in an amount equal to 10% of the cost of the repairs.

Appears in 1 contract

Samples: Office Lease Agreement (Solarcity Corp)

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