Common use of Care of Premises Clause in Contracts

Care of Premises. Section 1. Throughout the term of this lease, the Tenant shall, at its own cost and expense, take good care of and keep in good order and repair, inside and out, all buildings and structures which are now or shall hereafter be constructed on or appurtenant to the demised premises and the roofs, walls and foundations thereof, and all fixtures and appurtenances therein and thereto and all equipment thereof, including, but not being limited to, all HVAC, engines, boilers, elevators, machinery, pipes, plumbing, wiring, gas, steam and electrical fittings, sidewalks, asphalt, parking, water, sewer and gas connections, heating equipment, and all other fixtures, machinery and equipment now or hereafter belonging to or connected with the demised premises or used in their operation, and all alterations, additions and improvements thereto, make all repairs, replacements and renewals, in and about the same, inside and outside, ordinary and extraordinary, structural or otherwise, necessary to preserve the demised premises in good order and condition, including such as may be necessary because of conditions existing at the time of the commencement of the term of this Lease, which repairs, replacements and renewals shall be in quality and class at least equal to that of the original work; promptly pay the expenses of such repairs, replacements and renewals; suffer no waste or injury and keep the sidewalk and curb in good repair and free from snow, ice, dirt and rubbish; permit at reasonable intervals during the usual business hours the Landlord and representatives of the Landlord to enter the demised premises for the purpose of inspection and to exhibit them for the purpose of sale, rental or mortgaging; suffer the Landlord to make (in the Landlord's discretion, although the Landlord shall be under no obligation to do so) repairs or improvements to any and all parts of any building on the demised premises and to comply with all orders of governmental authority applicable to said buildings or to any occupant thereof if the Tenant be in default, after written notice as hereinafter mentioned, in respect to any of said matters; permit during the year next prior to the expiration of the term the usual notices of "For Sale" and "To Let" to be placed and to remain unmolested in a conspicuous place or places upon the exterior of the demised premises, but not on the windows and doors, and repair at or before the end of the term all injury done by the installation or removal of trade fixtures, furniture, machinery and other property. Without intending to limit the generality of the foregoing, it being agreed that the obligations and undertakings of the Tenant, as provided in this Section 1 of ARTICLE V, shall be and be deemed to be absolute, it is understood that if the Tenant, after the use of due diligence and the expenditure of all reasonable efforts, be delayed in performing any of the obligations set forth in this Section 1 of ARTICLE V by reason of governmental preemption, prohibition, limitation or restriction in connection with any national emergency declared by the President of the United States, or in connection with any rule, order or regulation published by any department or subdivision thereof of any governmental agency, then (but only while such governmental preemption, prohibition, limitation or restriction continues in force) the time for the Tenant to perform its obligations under this Section 1 of ARTICLE V shall be extended until a reasonable time after any such reason shall have ceased to exist.

Appears in 1 contract

Samples: Lease Agreement (Saratoga Resources Inc)

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Care of Premises. Section 1. Throughout the term of this lease, the Tenant shall, at its own cost and expense, shall take good care of the Premises and keep the Improvements, and shall at the expiration or earlier termination of this Lease surrender and deliver the Premises, the Improvements and the Tenant Improvements in the condition as of the Commencement Date (which may be documented in accordance with Section 4, if Tenant requests) and as hereafter improved, reasonable use, wear and tear, and damage by fire or other insured casualty excepted. Landlord shall not be called upon to make any improvement or repair of any kind upon the Premises; provided, however, that, except with respect to Tenant Improvements owned by Tenant (as to which Landlord shall have no repair or replacement obligations whatsoever), Landlord and Tenant shall cooperate in good order faith to determine whether any major repairs or replacements are required to structural elements of the Premises consisting of the roof covering, roof, structure, major heating, ventilation and repairair conditioning systems, inside foundation and outload-bearing walls (collectively, all buildings the "Structural Elements"), and structures which if the parties determine that such major repairs or replacements are now required, then Landlord will make such repairs at Landlord's sole cost and expense. Any repairs or shall hereafter be constructed on or appurtenant replacements to the demised premises Structural Elements will be constructed, maintained and repaired by Landlord so they are fully functional, free of defects, in a condition that does not impair Tenant's use and enjoyment of the roofs, walls and foundations thereofPremises, and in compliance with all fixtures laws, ordinances and appurtenances therein rules and thereto and all equipment thereof, including, but not being limited to, all HVAC, engines, boilers, elevators, machinery, pipes, plumbing, wiring, gas, steam and electrical fittings, sidewalks, asphalt, parking, water, sewer and gas connections, heating equipment, and all other fixtures, machinery and equipment now or hereafter belonging to or connected with the demised premises or used in their operation, and all alterations, additions and improvements thereto, make all repairs, replacements and renewals, in and about the same, inside and outside, ordinary and extraordinary, structural or otherwise, necessary to preserve the demised premises in good order and condition, including such as may be necessary because of conditions existing at the time of the commencement of the term of this Lease, which repairs, replacements and renewals shall be in quality and class at least equal to that of the original work; promptly pay the expenses of such repairs, replacements and renewals; suffer no waste or injury and keep the sidewalk and curb in good repair and free from snow, ice, dirt and rubbish; permit at reasonable intervals during the usual business hours the Landlord and representatives of the Landlord to enter the demised premises for the purpose of inspection and to exhibit them for the purpose of sale, rental or mortgaging; suffer the Landlord to make (in the Landlord's discretion, although the Landlord shall be under no obligation to do so) repairs or improvements to any and all parts regulations of any building on the demised premises and federal, state, county, municipal or other public authority and/or Board of Fire Underwriters. The Premises, other than Landlord’s obligation to comply with all orders of governmental authority applicable to said buildings or to any occupant thereof if the Tenant be Landlord Environmental Responsibilities (defined in default, after written notice as hereinafter mentioned, in Section 16(b)) with respect to any of said matters; permit during the year next prior land and Landlord’s obligation with respect to the expiration Structural Elements that are not owned by Tenant, shall at all times be kept and used in accordance with all applicable laws, statutes, ordinances and governmental rules, regulations and requirements, and in accordance with all directions, rules and regulations of the term health officer, fire marshal, building inspector, or other proper officer of governing entity, at the usual notices sole cost and expense of "For Sale" Tenant. Tenant shall permit no waste, damage or injury to the Premises or the Improvements, reasonable use, wear and "To Let" to be placed and to remain unmolested in a conspicuous place or places upon the exterior of the demised premises, but not on the windows and doorstear, and repair at damage by fire or before the end of the term all injury done by the installation or removal of trade fixtures, furniture, machinery and other property. Without intending to limit the generality of the foregoing, it being agreed that the obligations and undertakings of the Tenant, as provided in this Section 1 of ARTICLE V, shall be and be deemed to be absolute, it is understood that if the Tenant, after the use of due diligence and the expenditure of all reasonable efforts, be delayed in performing any of the obligations set forth in this Section 1 of ARTICLE V by reason of governmental preemption, prohibition, limitation or restriction in connection with any national emergency declared by the President of the United States, or in connection with any rule, order or regulation published by any department or subdivision thereof of any governmental agency, then (but only while such governmental preemption, prohibition, limitation or restriction continues in force) the time for the Tenant to perform its obligations under this Section 1 of ARTICLE V shall be extended until a reasonable time after any such reason shall have ceased to existinsured casualty excepted.

Appears in 1 contract

Samples: Stock Purchase Agreement (Heartland Express Inc)

Care of Premises. Section 1. Throughout the term of this lease, the Tenant shall, at its own sole cost and expense, take good care keep the interior of the Leased Premises and keep the improvements and appurtenances clean and consistent with the operation of an office building of similar class and at the expiration of the Term of this Lease, or at the sooner termination of this Lease, surrender it broom clean and in as good order and repaircondition as at the beginning of the Term of this Lease, inside ordinary wear and outtear excepted. Tenant, all buildings at its sole cost and structures which are now expense, shall promptly replace scratched, damaged, or shall hereafter be constructed on or appurtenant to the demised premises broken doors and the roofs, walls and foundations thereof, and all fixtures and appurtenances therein and thereto and all equipment thereof, including, but not being limited to, all HVAC, engines, boilers, elevators, machinery, pipes, plumbing, wiring, gas, steam and electrical fittings, sidewalks, asphalt, parking, water, sewer and gas connections, heating equipment, and all other fixtures, machinery and equipment now or hereafter belonging to or connected with the demised premises or used in their operation, and all alterations, additions and improvements thereto, make all repairs, replacements and renewals, glass in and about the same, inside and outside, ordinary and extraordinary, structural or otherwise, necessary to preserve the demised premises in good order and condition, including such as may be necessary because of conditions existing at the time interior of the commencement Leased Premises and shall be responsible for the repair and maintenance of all improvements installed and placed within the Leased Premises if caused by Tenant's negligence. Tenant is responsible for the repairs and maintenance of the term sink system installed in premise to include the sink, waste piping from sink,the ejection pump and all parts, and piping related to this improvement if caused by a stopped up sink or Tenant's negligence. Tenant shall pay for all damage to the Leased Premises and any fixtures and appurtenances related to it, as well as for all damage sustained by other tenants or occupants of the Office Building, due to any waste, misuse, or neglect of the Leased Premises by Tenant, its employees, agents, representatives, and any fixtures and appurtenances related to it or due to any breach of this LeaseLease by Tenant, which repairsits employees, replacements agents, representatives. Tenant will provide its own cleaning service for its leased premise. Recommended maintenance, and renewals shall be in quality and class at least equal to that of the original work; promptly pay the expenses of such repairs, replacements and renewals; suffer no waste or injury and keep the sidewalk and curb in good repair and free from snow, ice, dirt and rubbish; permit at reasonable intervals during the usual business hours the Landlord and representatives of the Landlord to enter the demised premises for the purpose of inspection and to exhibit them for the purpose of sale, rental or mortgaging; suffer the Landlord to make (in the Landlord's discretion, although the Landlord shall be under no obligation to do so) repairs or improvements to any and all parts of any building on the demised premises improvements and to comply with all orders of governmental authority applicable to said buildings or to any occupant thereof if the Tenant be in default, after written notice as hereinafter mentioned, in respect to any of said matters; permit during the year next prior to the expiration of the term the usual notices of "For Sale" and "To Let" to be placed and to remain unmolested in a conspicuous place or places upon the exterior of the demised premises, but systems not on the windows and doors, and repair at or before the end of the term all injury done caused by the installation or removal of trade fixtures, furniture, machinery and other property. Without intending to limit the generality of the foregoing, it being agreed that the obligations and undertakings of the Tenant, as provided in this Section 1 of ARTICLE V, tenant's negligence shall be the responsibility of Landlord and be deemed to be absolute, it is understood that if included in the Tenant, after the use of due diligence and the expenditure of all reasonable efforts, be delayed in performing any of the obligations set forth in this Section 1 of ARTICLE V by reason of governmental preemption, prohibition, limitation or restriction in connection with any national emergency declared by the President of the United States, or in connection with any rule, order or regulation published by any department or subdivision thereof of any governmental agency, then (but only while such governmental preemption, prohibition, limitation or restriction continues in force) the time for the Tenant to perform its obligations under this Section 1 of ARTICLE V shall be extended until a reasonable time after any such reason shall have ceased to existoperating costs.

Appears in 1 contract

Samples: Lease Agreement (Sideware Systems Inc)

Care of Premises. Section 1. Throughout the term of this lease, the Tenant shall, at its own cost and sole expense, take good care of keep the Premises and keep the improvements and appurtenances therein in good order and repair, inside and out, all buildings and structures which are now or shall hereafter be constructed on or appurtenant to condition consistent with the demised premises and the roofs, walls and foundations thereofoperation of a first-class office building, and all fixtures at the expiration of the Term, or at the sooner termination of this Lease as herein provided, delivery up the same broom clean and appurtenances therein in as good order and thereto condition as at the beginning of the Term, ordinary wear and all equipment thereoftear and damage by fire or other casualty excepted. Tenant, includingat its sole expense, but not being limited to, all HVAC, engines, boilers, elevators, machinery, pipes, plumbing, wiring, gas, steam shall promptly replace damaged or broken doors and electrical fittings, sidewalks, asphalt, parking, water, sewer and gas connections, heating equipment, and all other fixtures, machinery and equipment now or hereafter belonging to or connected with the demised premises or used in their operation, and all alterations, additions and improvements thereto, make all repairs, replacements and renewals, glass (excluding exterior plate glass windows) in and about the sameinterior of the Premises and shall be responsible for the repair and maintenance of all special or custom Tenant Improvements and Alterations, inside including, without limitation, the repair and outside, ordinary replacement of appliances and extraordinary, structural or otherwise, necessary to preserve the demised premises in good order and condition, including equipment installed specifically for Tenant such as may be necessary because refrigerators, disposals, computer room air conditioning, sinks and special plumbing, special light fixtures and bulbs for those fixtures, non-standard outlets and plug-in strips, and special cabinetry. Consistent with the provisions of conditions existing at the time Section 22 and subject to and except for ordinary wear and tear, Tenant shall pay for all property damage sustained by other tenants or occupants of the commencement Building, due to any waste, misuse or neglect by Tenant of the term Premises and any fixtures and appurtenances related thereto or due to any breach of this LeaseLease by Tenant, its employees, agents, representatives or invitees. Tenant shall not place a load upon any floor that exceeds either the floor load per square foot that such floor was designed to carry or which repairsis allowed by any laws, replacements rules, building codes or regulations of any Federal, state or city authority promulgated subsequent to the date hereof. Business machines and renewals shall be in quality and class at least equal to that of the original work; promptly pay the expenses of such repairs, replacements and renewals; suffer no waste or injury and keep the sidewalk and curb in good repair and free from snow, ice, dirt and rubbish; permit at reasonable intervals during the usual business hours the Landlord and representatives of the Landlord to enter the demised premises for the purpose of inspection and to exhibit them for the purpose of sale, rental or mortgaging; suffer the Landlord to make (mechanical equipment in the Landlord's discretion, although the Landlord Premises shall be under no obligation to do so) repairs or improvements to any and all parts of any building on the demised premises and to comply with all orders of governmental authority applicable to said buildings or to any occupant thereof if the Tenant be in default, after written notice as hereinafter mentioned, in respect to any of said matters; permit during the year next prior to the expiration of the term the usual notices of "For Sale" and "To Let" to be placed and to remain unmolested in a conspicuous place or places upon the exterior of the demised premises, but not on the windows and doors, and repair at or before the end of the term all injury done maintained by the installation or removal of trade fixtures, furniture, machinery and other property. Without intending to limit the generality of the foregoing, it being agreed that the obligations and undertakings of the Tenant, at tenant's sole expense, in such manner as provided in this Section 1 of ARTICLE V, shall be sufficient, in Landlord's reasonable judgement, to prevent the vibration and be deemed noise therefrom from being a nuisance to be absolute, it is understood that if the Tenant, after the use of due diligence Landlord and the expenditure of all reasonable efforts, be delayed in performing any of the obligations set forth in this Section 1 of ARTICLE V by reason of governmental preemption, prohibition, limitation or restriction in connection with any national emergency declared by the President of the United States, or in connection with any rule, order or regulation published by any department or subdivision thereof of any governmental agency, then (but only while such governmental preemption, prohibition, limitation or restriction continues in force) the time for the Tenant to perform its obligations under this Section 1 of ARTICLE V shall be extended until a reasonable time after any such reason shall have ceased to existother tenants.

Appears in 1 contract

Samples: Service Office Lease (Earthshell Container Corp)

Care of Premises. Section 1There is to be no smoking inside of the building, if for any reason TENANTS smoking or TENANTS guests, invitees, employees, etc., smoking were to damage paint or cause any odor, it is the TENANTS responsibility to correct to its original state. Throughout TENANT accepts the term premises in a good and sanitary state of this leaserepair and shall fully maintain same in a good, clean, and safe manner. TENANT shall not commit or allow to be committed any waste on or near the Tenant shallpremises, create or allow any nuisance to exist on or near the premises, or use or allow the premises to be used for any unlawful purpose. TENANT shall comply, at its own cost and TENANT'S expense, take good care of and keep in good order and repairwith all governmental laws, inside and outstatutes, all buildings and structures which are ordinances, or requirements now or shall which may hereafter be constructed in force. SECONDARY CONTAINMENT REQUIRED FOR ALL LIQUIDS STORED 6 GALLONS OR MORE. Further, TENANT shall be responsible for all maintenance of the premises (doors, wall openings, windows, air conditioning, electrical, (which also includes replacement of light-bulbs, tube lighting, and emergency back-up lights etc.,) plumbing, and mechanical and TENANT shall be responsible for any cost or repair or replacement. Air conditioning filters are to be changed on or appurtenant a monthly basis. Failure to change filters on a monthly basis will cause dust and debris buildup and any resulting damages will be the TENANT'S responsibility. TENANT acknowledges receipt of the articles enumerated on the attached contents list to the demised premises lease and the roofscovenants and agrees to assume full responsibility for same and to replace all missing or damaged articles. TENANT will not change any paint colors inside the unit. Any alterations must be approved in writing by LANDLORD and reversed to the original colors before lease expiration. TENANT is responsible for any glass in windows or door damage. TENANT shall also be responsible for any costs associated with environmental regulation, walls maintenance, or clean-ups arising out of TENANT'S use of the premises. It is further understood and foundations thereofagreed that any charges against TENANT by LANDLORD for services, and all fixtures and appurtenances therein and thereto and all equipment thereoflabor, includingmaterial, but not being limited to, all HVAC, engines, boilers, elevators, machinery, pipes, plumbing, wiring, gas, steam and electrical fittings, sidewalks, asphalt, parking, water, sewer and gas connections, heating equipment, and all other fixtures, machinery and equipment now or hereafter belonging to or connected with work done on the demised premises or used in their operation, and all alterations, additions and improvements thereto, make all repairs, replacements and renewals, in and about the same, inside and outside, ordinary and extraordinary, structural or otherwise, necessary to preserve the demised premises in good order and condition, including such as may be necessary because of conditions existing at the time request of the commencement of the term of this Lease, which repairs, replacements and renewals shall be in quality and class at least equal to that of the original work; promptly pay the expenses of such repairs, replacements and renewals; suffer no waste TENANT or injury and keep the sidewalk and curb in good repair and free from snow, ice, dirt and rubbish; permit at reasonable intervals during the usual business hours the Landlord and representatives of the Landlord to enter the demised premises for the purpose of inspection and to exhibit them for the purpose of sale, rental or mortgaging; suffer the Landlord to make (in the Landlord's discretion, although the Landlord shall be under no obligation to do so) repairs or improvements to any and all parts of any building on the demised premises and to comply with all orders of governmental authority applicable to said buildings or to any occupant thereof if the Tenant be in default, after written notice as hereinafter mentioned, in respect to any of said matters; permit during the year next prior to the expiration of the term the usual notices of "For Sale" and "To Let" to be placed and to remain unmolested in a conspicuous place or places upon the exterior of the demised premises, but not on the windows and doors, and repair at or before the end of the term all injury done by the installation or removal of trade fixtures, furniture, machinery and other property. Without intending to limit the generality of the foregoing, it being agreed that the obligations and undertakings of the Tenant, as provided in this Section 1 of ARTICLE Votherwise accruing hereunder, shall be deemed and be deemed to be absolute, it is understood that if the Tenant, after the use of due diligence and the expenditure of all reasonable efforts, be delayed in performing any of the obligations set forth in this Section 1 of ARTICLE V by reason of governmental preemption, prohibition, limitation or restriction in connection with any national emergency declared by the President of the United States, or in connection with any rule, order or regulation published by any department or subdivision thereof of any governmental agency, then (but only while such governmental preemption, prohibition, limitation or restriction continues in force) the time for the Tenant to perform its obligations under this Section 1 of ARTICLE V shall be extended until a reasonable time after any such reason shall have ceased to existdefined as "rent".

Appears in 1 contract

Samples: Warehouse Lease Agreement (Sense Holdings Inc)

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Care of Premises. Section 1. Throughout The LESSEE shall keep the term Demised Premises, including all plumbing and electrical components, doors, windows, and other components physically located within the Demised Premises, in as good a condition as when turned over to it, reasonable wear and tear and damage by fire and elements excepted; and shall keep the Demised Premises in an orderly, clean and sanitary condition as required by the laws and ordinances applicable thereto; and shall neither do nor permit to be done therein anything which is in violation of this leasethe terms of endurance policies on said building, or in violation of laws or ordinances applicable thereto; shall be responsible for the Tenant shall, at its own cost and expense, take good care of and keep in good order and repair, inside and out, all buildings and structures which are now or shall hereafter be constructed on or appurtenant janitorial services as they relate to the demised premises and the roofs, walls and foundations thereof, and all fixtures and appurtenances therein and thereto and all equipment thereof, including, but not being limited to, all HVAC, engines, boilers, elevators, machinery, pipes, plumbing, wiring, gas, steam and electrical fittings, sidewalks, asphalt, parking, water, sewer and gas connections, heating equipment, and all other fixtures, machinery and equipment now or hereafter belonging to or connected with the demised premises or used in their operation, and all alterations, additions and improvements thereto, make all repairs, replacements and renewals, in and about the same, inside and outside, ordinary and extraordinary, structural or otherwise, necessary to preserve the demised premises in good order and condition, including such as may be necessary because of conditions existing at the time interior space of the commencement of the term of this Lease, which repairs, replacements and renewals Demised Premises; shall neither commit or suffer waste in said Demised Premises. LESSEE shall be in quality and class at least equal to that of the original work; promptly pay the expenses of such repairs, replacements and renewals; suffer no waste or injury and keep the sidewalk and curb in good repair and free from snow, ice, dirt and rubbish; permit at reasonable intervals during the usual business hours the Landlord and representatives of the Landlord to enter the demised premises responsible for the purpose of inspection and to exhibit them for the purpose of sale, rental or mortgaging; suffer the Landlord to make (in the Landlord's discretion, although the Landlord shall be under no obligation to do so) repairs or improvements to any and all parts ordinary and extraordinary non-structural maintenance, repairs, of the Demised Premises; shall pay for all glass broken by its fault or negligence, or the fault or negligence of its employees or invitees; shall pay for the cost of keeping or keep the sidewalks, parking lots, and driveways located on the pad surrounding the Building free and clear of all debris, snow and ice; shall keep the lawn on the pad surrounding the Building mowed in a reasonable fashion; shall be responsible for the waste removal for the Building; and shall comply with reasonable rules and regulations as may from time to time be established by the LESSOR to govern the use, occupancy and operation of the Demised Premises. Except where caused by LESSEE'S negligence or willful misconduct, LESSOR shall be responsible for providing for and the cost of any building on maintenance, repairs or alterations necessary to keep the demised premises and to comply with all orders of governmental authority applicable to said buildings or to any occupant thereof if the Tenant be in default, after written notice as hereinafter mentioned, in respect to any of said matters; permit during the year next prior to the expiration structure of the term the usual notices of "For Sale" and "To Let" to be placed and to remain unmolested Building in a conspicuous place or places upon the exterior good and functioning condition. The maintenance of the demised premises, but not on common area restrooms and supplies used by the windows and doors, and repair at or before LESSEE is the end responsibility of the term all injury done by the installation or removal of trade fixtures, furniture, machinery and other property. Without intending to limit the generality of the foregoing, it being agreed that the obligations and undertakings of the Tenant, as provided in this Section 1 of ARTICLE V, shall be and be deemed to be absolute, it is understood that if the Tenant, after the use of due diligence and the expenditure of all reasonable efforts, be delayed in performing any of the obligations set forth in this Section 1 of ARTICLE V by reason of governmental preemption, prohibition, limitation or restriction in connection with any national emergency declared by the President of the United States, or in connection with any rule, order or regulation published by any department or subdivision thereof of any governmental agency, then (but only while such governmental preemption, prohibition, limitation or restriction continues in force) the time for the Tenant to perform its obligations under this Section 1 of ARTICLE V shall be extended until a reasonable time after any such reason shall have ceased to existLESSOR.

Appears in 1 contract

Samples: Office Lease (Dovebid Inc)

Care of Premises. Section 1. Throughout Notwithstanding anything to the term of this leasecontrary contained herein, the Tenant shallTenant, at its own sole cost, will keep, maintain and preserve the Premises in a first class condition. The Tenant, at its sole cost and expense, take good care will (i) make all repairs and replacements and fix all damage to the exterior of the Premises (including, but not limited to, the roof, gutters, downspout and keep outside walls, windows, doors, parking area and grounds), (ii) provide window washing for the interior of the Premises, (iii) make all repairs and replacements and fix all damage to the interior of the Premises and any installations, improvements, equipment or facilities therein, including but not limited to interior walls, doors and windows, floors, floor coverings, light bulbs, plumbing fixtures, and electrical fixtures, (iv) repair or replace any broken windows, (v) repair damage to the or Premises caused by the negligence or willful misconduct of the Tenant or its employees, agents, guests or invitees during the Term and (vi) maintain parking and landscape areas, lighting, sidewalks and driveways. Tenant, at its sole cost, will also keep, maintain and preserve the heating, ventilation and air conditioning system and equipment (“HVAC”) in good order and repair and shall at all times keep in full force and effect a customary HVAC preventative maintenance contract with a licensed contractor, which contract and contractor shall be acceptable to Landlord in all respects. Tenant shall comply with all laws, ordinances, rules or regulations of any governmental authority and the Restrictive Covenants required of either the Landlord or the Tenant relative to the repair, inside maintenance and outreplacement in the Premises. Notwithstanding the foregoing, all buildings and structures Tenant’s maintenance obligations hereunder shall not include: (1) repairs or replacements directly resulting from the negligence or willful misconduct of Landlord or Landlord’s Agents, (2) repairs or replacements for which are now or shall hereafter be constructed on or appurtenant to the demised premises and the roofs, walls and foundations thereof, and all fixtures and appurtenances therein and thereto and all equipment thereof, including, but not being limited to, all HVAC, engines, boilers, elevators, machinery, pipes, plumbing, wiring, gas, steam and electrical fittings, sidewalks, asphalt, parking, water, sewer and gas connections, heating equipment, and all other fixtures, machinery and equipment now or hereafter belonging to or connected with the demised premises or used in their operation, and all alterations, additions and improvements thereto, make all repairs, replacements and renewals, in and about the same, inside and outside, ordinary and extraordinary, structural or otherwise, necessary to preserve the demised premises in good order and condition, including such as Landlord may be necessary because reimbursed by any insurance required to be carried hereunder or actually carried by Landlord or (3) the costs in excess of conditions existing at the time of the commencement of the term of this Lease, which repairs, replacements One Thousand Five Hundred and renewals shall be in quality and class at least equal to that of the original work; promptly pay the expenses of such repairs, replacements and renewals; suffer no waste No/100 Dollars ($1,500.00) per occurrence for repairs or injury and keep the sidewalk and curb in good repair and free from snow, ice, dirt and rubbish; permit at reasonable intervals during the usual business hours the Landlord and representatives of the Landlord to enter the demised premises for the purpose of inspection and to exhibit them for the purpose of sale, rental or mortgaging; suffer the Landlord to make (in the Landlord's discretion, although the replacements. Landlord shall be under responsible for the cost of such maintenance and repairs in excess of One Thousand Five Hundred and No/100 Dollars ($1,500.00), provided, however, that Landlord’s responsibility for maintenance and repairs in excess of Four Thousand and No/100 Dollars ($4,000.00) per occurrence be conditioned upon Tenant’s delivery of written evidence from a commercial contractor reasonably acceptable to Landlord that such maintenance or repairs are necessary to maintain the Premises in a first class condition. In no obligation to do so) repairs or improvements to any and all parts of any building on the demised premises and to comply with all orders of governmental authority applicable to said buildings or to any occupant thereof if the event shall Tenant be liable for more than (i) One Hundred Twenty-Five Thousand and No/100 Dollars ($125,000.00) in default, after written notice as hereinafter mentioned, in respect maintenance and repairs to any of said matters; permit the Premises during the year next prior Initial Term and (ii) One Hundred Twenty-Five Thousand and No/100 Dollars ($125,000.00) in maintenance and repairs to the expiration of Premises during the term the usual notices of "For Sale" and "To Let" to be placed and to remain unmolested in a conspicuous place or places upon the exterior of the demised premises, but not on the windows and doors, and repair at or before the end of the term all injury done by the installation or removal of trade fixtures, furniture, machinery and other property. Without intending to limit the generality of the foregoing, it being agreed that the obligations and undertakings of the Tenant, as provided in this Section 1 of ARTICLE V, shall be and be deemed to be absolute, it is understood that if the Tenant, after the use of due diligence and the expenditure of all reasonable efforts, be delayed in performing any of the obligations set forth in this Section 1 of ARTICLE V by reason of governmental preemption, prohibition, limitation or restriction in connection with any national emergency declared by the President of the United States, or in connection with any rule, order or regulation published by any department or subdivision thereof of any governmental agency, then (but only while such governmental preemption, prohibition, limitation or restriction continues in force) the time for the Tenant to perform its obligations under this Section 1 of ARTICLE V shall be extended until a reasonable time after any such reason shall have ceased to existExtension Term.

Appears in 1 contract

Samples: Lease Agreement (Commonwealth Biotechnologies Inc)

Care of Premises. Section 1. Throughout the term of this lease, the Tenant shall, at its own cost and sole expense, take good care of keep the Premises and keep the improvements and appurtenances therein in good order and repairin a safe, inside clean and outsanitary condition, all buildings and structures which are now at the expiration of the Term, or at the sooner termination of this Lease as herein provided, deliver up the same broom clean and in as good order and condition as at the beginning of the Term, ordinary wear and tear and damage by fire or other casualty excepted. Tenant, at its sole expense, shall hereafter provide or cause to be constructed on or appurtenant provided janitorial service to the demised premises Premises, shall dispose of all trash and the roofs, walls and foundations thereofrubbish in an appropriate manner, and shall promptly replace damaged or broken doors and glass in and about the interior of the Premises and shall be responsible for the repair and maintenance of all improvements installed and placed within the Premises including sinks and special plumbing, special light fixtures and appurtenances therein and thereto special cabinetry and all Building Service Equipment. `Building Service Equipment" shall mean all equipment thereofneeded to operate the Premises in an efficient and comfortable manner, including, but not being limited to, all HVACelectrical, enginesplumbing, boilersheating, elevatorsair-conditioning, machinerysecurity, and sprinkler and fire protection equipment, pipes, plumbingseparate water meters, wiringwires, gasducts, steam fixtures and electrical fittings, sidewalks, asphalt, parking, water, sewer and gas connections, heating equipmentappliances installed for Tenant, and all other fixtures, machinery and equipment now or hereafter belonging to or connected sprinkler monitoring equipment. Consistent with the demised premises provisions of Section 22, Tenant shall pay for all damage to the Property and any fixtures and appurtenances related thereto, as well as for all property damage sustained by other tenants or used occupants of the Building, due to any waste, misuse or neglect of the Premises and any fixtures and appurtenances related thereto or due to any breach of this Lease by Tenant, its employees, agents, representatives or invitees. Tenant shall, at its sole expense throughout the term, carry and maintain a full parts and labor maintenance service contract from a qualified service company, approved in their operationadvance by Landlord, covering the heating, ventilating, and all alterations, additions and improvements thereto, make all repairs, replacements and renewals, in and about the same, inside and outside, ordinary and extraordinary, structural or otherwise, necessary to preserve the demised premises in good order and condition, including such as may be necessary because of conditions existing at the time air conditioning systems of the commencement of Premises, if any. Tenant shall maintain all systems in a good condition during the term of this Lease, which repairs, replacements lease and renewals any renewal term and shall be in quality responsible, at its sole expense, for all necessary repairs and class at least equal replacements regardless of whether or not they are covered by the maintenance contract or which are necessitated by Tenant's failure to that carry a maintenance contract. Tenant shall submit a copy of the original work; promptly pay the expenses of such repairs, replacements and renewals; suffer no waste or injury and keep the sidewalk and curb in good repair and free from snow, ice, dirt and rubbish; permit at reasonable intervals during the usual business hours the Landlord and representatives of the Landlord to enter the demised premises for the purpose of inspection and to exhibit them for the purpose of sale, rental or mortgaging; suffer the Landlord to make proposed maintenance contract within thirty (in the Landlord's discretion, although the Landlord shall be under no obligation to do so30) repairs or improvements to any and all parts of any building on the demised premises and to comply with all orders of governmental authority applicable to said buildings or to any occupant thereof if the Tenant be in default, after written notice as hereinafter mentioned, in respect to any of said matters; permit during the year next days prior to the expiration of Lease Commencement Date. Landlord shall notify Tenant promptly upon receipt whether the term service company is approved and the usual notices of "For Sale" and "To Let" to be placed and to remain unmolested in a conspicuous place or places upon the exterior of the demised premises, but not on the windows and doors, and repair at or before the end of the term all injury done by the installation or removal of trade fixtures, furniture, machinery and other propertycontract is acceptable. Without intending to limit the generality of Notwithstanding the foregoing, it being agreed that Landlord shall, at its sole cost, replace one (1) of six (6) heating, ventilating, and air conditioning units serving the obligations Premises ("HVAC Unit #6"). After said replacement and undertakings of during the TenantTerm, as provided in this Section 1 of ARTICLE VTenant shall, shall be and be deemed to be absolute, it is understood that if the Tenant, after the use of due diligence and the expenditure of all reasonable effortsat its sole cost, be delayed in performing any of the obligations set forth in this Section 1 of ARTICLE V by reason of governmental preemption, prohibition, limitation or restriction in connection with any national emergency declared by the President of the United States, or in connection with any rule, order or regulation published by any department or subdivision thereof of any governmental agency, then (but only while such governmental preemption, prohibition, limitation or restriction continues in force) the time responsible for the Tenant to perform its obligations under this Section 1 servicing and maintenance of ARTICLE V shall be extended until a reasonable time after any such reason shall have ceased to existHVAC Unit #6.

Appears in 1 contract

Samples: Inphonic Inc

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