Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.
Appears in 11 contracts
Samples: Lease (99 Cents Only Stores), Lease (99 Cents Only Stores), Lease (99 Cents Only Stores)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, all COMMON AREAS (including, without limitation, all parking areas), and the existing COMMON AREA signs and electrical service thereto, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.
Appears in 3 contracts
Samples: Lease (99 Cents Only Stores), Lease (99 Cents Only Stores), Lease (99 Cents Only Stores)
Landlord’s Obligations. Except Landlord shall maintain, repair and replace in a first class condition the Project and the Common Area elements of the Building, those portions of the base building systems not located within nor exclusively servicing the Premises or other leased space, and the exterior walls, structural walls, supporting pillars, foundations, roof and roof membrane of the Building. If such maintenance, repair or replacement is due to the acts, omissions or negligence of Tenant or any Tenant Parties (as defined in Section 7.07 below), then Landlord shall nevertheless make such repairs at Tenant’s expense, and Tenant, within thirty (30) days after receipt of an invoice, shall pay to Landlord all costs and expenses of any such repairs, together with accrued interest at the Agreed Rate from the date of Landlord’s payment. Tenant shall give Landlord written notice of any needed repairs which are the obligation of Landlord hereunder. It shall then be the obligation of Landlord, after receipt of such notice, to perform the same within thirty (30) days after such notice; provided, however, that if the nature of the repairs is such that more than thirty (30) days are reasonably required for performance, then Landlord shall not be deemed to be in default hereunder if Landlord commences such repairs within said thirty (30) day period and thereafter diligently completes them and provided further that, for purposes of this sentence, “commences” includes any steps taken by Landlord to investigate, design, consult, bid or seek permit or other governmental approval in connection with such repair. Should Landlord default, as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) 12.03 below, and subject in its obligation to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions make any of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided assumed by it hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lenderthe Premises, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, or with respect to the extent Building if such repairs shall be reasonably necessary to Tenant’s use and occupancy of such curethe Premises, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT Tenant shall have the right to install perform such repairs, in which event Landlord, within thirty (30) days after written demand accompanied by detailed invoice(s), shall pay to Tenant the reasonable, actual out-of-pocket costs expended by Tenant for such repairs together with accrued interest at the Agreed Rate from the date of Tenant’s payment, provided that nothing herein shall be deemed to create a right of setoff or withholding by Tenant of Base Rent or Additional Rent or any other amounts due herein. Landlord shall not be liable to Tenant for any damage to person or property as a result of any failure to timely perform any of its obligations with respect to the repair, maintenance or replacement of the Premises, the Building, or the Project or any part thereof, and maintain antennae and/or a satellite dish Tenant’s sole right and remedy (together with its rights under Section 12.03 below) shall be the performance of said repairs by Tenant with the right of reimbursement from Landlord, all in accordance with the terms of this Section 6.01(b). Tenant hereby expressly waives all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any law, statute or ordinance on the roof same subject now or hereafter in effect to make repairs and offset the cost of same against Rent or to withhold or delay any payment of Rent or any other of its obligations hereunder as a result of any default by Landlord under this Section 6.01(b). Except to the PREMISESextent arising in connection with a breach of a representation or warranty of Landlord in Section 5.02 above, subject to applicable law. TENANT all costs and expenses incurred by Landlord in connection with the foregoing obligations shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishbe included in Operating Expenses.
Appears in 3 contracts
Samples: Lease (GOOD TECHNOLOGY Corp), Lease (GOOD TECHNOLOGY Corp), Lease (GOOD TECHNOLOGY Corp)
Landlord’s Obligations. Except as provided in Without limitation on the provisions of Sections 5.2, 5.3, 6.3(b), 6.3(c), Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall maintain and repair (and replace, as necessary) and Section 6.04(b) below, and subject to throughout the provisions Term of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shallthis Lease, at its sole cost and Landlord’s expense, keep all structural elements of the foundationsPremises, resurfacing or replacement of parking lot surfaceincluding without limitation the foundation, structural columns, footings, exterior walls, slab and structural portions of the building roof, as well as subterranean elements of the Land (including foundationssinkholes) and re-asphalting (if necessary) of the Parking Area (as opposed to slurry sealing, the slab, and compliance with earthquake codewhich shall be Tenant’s responsibility), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections except to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of extent that the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 maintenance and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in repairs are caused by the case of an emergency negligence or dangerous conditionwillful misconduct by Tenant or Tenant Parties, in which event no notice case Tenant shall be required)responsible for such maintenance and repairs except to the extent the same are covered by insurance maintained by Landlord. If Landlord fails to maintain or repair the Premises as required by this Section 6.2 or fails to discharge its obligations under any other provisions of this Lease, then TENANT Tenant may, but shall not be obligated to do so and without waiving any limitation on its other rights or remedies provided hereunder or by lawremedies, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than upon ten (10) stores operated under business days’ prior notice to Landlord (and Landlord’s failure to commence the name ‘99¢ Only Stores’ maintenance or repair in question within such time and thereafter diligently pursue such repair, replacement or maintenance to completion), perform such maintenance or repair or other name as may obligation on behalf of Landlord. In such case, Landlord shall reimburse Tenant for all reasonable costs incurred in performing such maintenance or repair within thirty (30) days after Tenant’s statement or invoice therefore plus an administrative charge of 10% of such invoice amount, which statement or invoice shall be employed accompanied by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof reasonable evidence of the PREMISESamounts owed. All work done by Landlord shall be done in a good and workmanlike manner, by reputable, licensed and insured contractors, using quality materials and workmanship commensurate with the condition of the Premises. In performing such work, but subject to applicable law. TENANT Section 6.3(b) below, Landlord shall promptly repair any damage tobe solely responsible for compliance with all Applicable Requirements as defined below, as well as alterations, additions and requirements of the Americans With Disabilities Act, OSHA, and similar State and local requirements, the roof local Air Quality Management District, requirements of the PREMISES which is caused by the installation local building authorities, fire officials, insurance underwriters and maintenance of said antennae and/or satellite dishall other public entities having jurisdiction.
Appears in 3 contracts
Samples: Lease Agreement (St John Knits International Inc), Lease Agreement (St John Knits International Inc), Lease Agreement (St John Knits International Inc)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to Notwithstanding the provisions of Section 6.04 regarding repairs during the initial construction warranty periodSections 11.1 and 11.2 above, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and subject to compliance with earthquake code)the provisions of this Section 11.3, Landlord shall reimburse Tenant for the costs reasonably incurred by Tenant for maintenance, repair and replacement of the structural portions of the roof (and the roof including membrane), except for costs to the structural portions extent necessitated by Tenant’s installation, maintenance or removal of any Roof Equipment (as defined below), foundations, and exterior walls of the roof top signageBuilding. Except in the case of an emergency, if anyLandlord shall not be obligated to reimburse any such costs, unless such costs have been authorized in advance by Landlord or deemed to have been authorized, as provided below in this Section 11.3. In the pylon signageevent any such costs are incurred as a result of an emergency, if anyTenant shall notify Landlord of such emergency and the need to incur such costs as soon as reasonably practicable thereafter, exterior walls, fire sprinkler system and shall only incur such costs as are reasonably necessary (if anyas determined by Tenant in its reasonable discretion) to stabilize the Building and utility connections avoid further damage to the building (water, sewer, electrical, phone, etc.) in good order, condition and repairBuilding or injury to any persons prior obtaining Landlord’s approval of such costs. LANDLORD shall make repairs under If Tenant desires to perform any repair or maintenance costs for which it intends to seek reimbursement by Landlord pursuant to this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days11.3, except in the case of an emergency or dangerous conditionemergency, in which event no notice Tenant shall request Landlord’s approval of the costs to be incurred prior to incurring the same. Any such request shall be required)in writing, then TENANT may, but and shall include a copy of proposal(s) from the contractor(s) Tenant desires to hire to perform the same. Landlord shall not be obligated unreasonably withhold its approval of any such request that is reasonably necessary to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion maintain such components of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant the Building to the provisions standard to which Tenant has historically maintained such components of the foregoing sentence shall contain Building during its occupancy thereof, including occupancy during the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction term of the provisions of Section 11.01 with respect Original Lease. Landlord’s failure to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring respond to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than request within ten (10) stores operated under business days after receipt thereof shall be deemed to constitute Landlord’s approval of such request, so long as the name ‘99¢ Only Stores’ or request from Tenant includes a statement advising Landlord that its failure to respond within such other name as may ten (10) business day period shall be employed deemed to constitute its approval thereof. Any costs incurred by TENANT Tenant for which Landlord is responsible to pay in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained hereinaccordance with this Section 11.3 shall be reimbursed by Landlord within thirty (30) days after receipt of an invoice from Tenant, TENANT which shall have the right to install and maintain antennae and/or a satellite dish on the roof be accompanied by copies of the PREMISESunderlying invoices from the contractor(s) performing such work, subject evidence that Tenant has paid the cost of such work in full, and a statement from Tenant certifying that such work has been completed to applicable lawTenant’s satisfaction. TENANT Any amounts not paid by Landlord within such thirty (30) day period shall promptly repair any damage to, bear interest from and after the roof thirty-first (31st) day at the rate of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishinterest provided in Section 21.2 below.
Appears in 3 contracts
Samples: Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)
Landlord’s Obligations. Except as provided in Article Seven Landlord shall be responsible for the following repair, replacement and maintenance obligations: (Damage or Destructioni) maintenance and Article Eight (Condemnation) repair of the exterior, roof and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building Buildings (including load bearing walls and foundations); (ii) repair and maintenance of the elevators and base building systems for mechanical, electrical (connection to the slabmain panel installed in each Building), HVAC (stubbed to the Building) and plumbing, and compliance with earthquake codeall controls appurtenant thereto (collectively, “Building Systems”); (iii) repair, replacement and maintenance of the Common Area, Parking Garage, and Elevated Walkway; and (iv) structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections alterations to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs Buildings required under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, applicable Laws to the extent not the responsibility of such cure, of LANDLORDTenant pursuant to Paragraphs 6 or 7 hereof. Landlord’s obligations under this LEASE. The self-help and offset rights set forth Paragraph 8(a) with respect to any particular repair, replacement or maintenance requirement (other than general maintenance of the Common Area, in this Section the ordinary course of business) shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control not commence until Tenant notifies Landlord in writing of any entity which also controls itcircumstances that Tenant believes may trigger Landlord’s obligations. Tenant shall cooperate with Landlord in connection with Landlord’s repair, or which own not less than ten (10maintenance and replacement activities pursuant to this Paragraph 8(a) stores operated under both within the name ‘99¢ Only Stores’ or such Premises and in the Common Area, including, without limitation, by cooperating in any parking restrictions and limitations and/or other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install restrictions and maintain antennae and/or a satellite dish limitations on the roof use of the PREMISES, subject Common Area during such activities. Landlord shall use commercially reasonable efforts to applicable lawminimize CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. TENANT shall promptly repair any damage to, the roof A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. interference with Tenant’s access to and use of the PREMISES which is caused by Premises in accordance with this Lease during any repairs, maintenance, alteration or improvement in or to any portion of the installation and maintenance of said antennae Project and/or satellite dishthe Premises.
Appears in 3 contracts
Samples: Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.)
Landlord’s Obligations. Except as (a) Subject to the limitations hereinafter set forth, Landlord agrees, while Client is occupying the Premises and is not in breach of, or default under, this Lease, to furnish to Client: (i) facilities to provide water at those points of supply both within the Premises and those provided for general use of Clients of the Building; (ii) facilities to provide a supply of electrical current reasonably necessary for general business office use and occupancy of the Premises and electric lighting and a supply of electrical current to the common areas of the Building; (iii) heating and refrigerated air conditioning in season; and (iv) elevator and janitorial service to the Premises, all such services to be provided in Article Seven (Damage or Destruction) scope, quality and Article Eight (Condemnation) frequency to those services being customarily provided by landlords in comparable office buildings in the surrounding area. Heating, ventilation and Section 6.04(b) below, air conditioning requirements and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs standards under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice Lease shall be required)subject, then TENANT mayhowever, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) regulations as TENANT has been notified in writing by LANDLORD the Department of Energy or other local, state or federal governmental agency, Board or commission shall adopt from time to time. In addition, at Landlord agrees to maintain the public and common areas of the Building, such addresses as LANDLORD specifies lobbies, stairs, corridors and restrooms, in reasonably good order and condition; provided, however, that Client shall reimburse Landlord, upon demand, for all repairs and additional maintenance resulting from damages to such notice(s)public or common areas caused by Client, or its employees, agents or invitees. TENANT will accept a cure Landlord reserves the right, exercisable without notice and without liability to Client for damage or injury to property, persons or business and without effecting an eviction, constructive or actual, or disturbance of Client’s use or possession of the Premises, or giving rise to any claim by Client for setoff or abatement of rent, to decorate and to make repairs, alterations, additions, modifications, changes or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises and, during the continuance of any such lender as a curework, to temporarily close doors, entryways, public space and corridors in the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help Building and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores interrupt or temporarily suspend Building services and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishfacilities.
Appears in 2 contracts
Samples: Lease Agreement (2U, Inc.), Lease Agreement (2U, Inc.)
Landlord’s Obligations. Except as otherwise provided in Article Seven (Damage or Destruction) this Lease, Landlord will keep and Article Eight (Condemnation) maintain the following in good, clean and Section 6.04(b) belowfully operative order, condition and repair, and in compliance with all applicable Requirements, reasonable wear and tear excepted: (a) the footings, foundations, slabs, floors, columns, exterior walls, exterior windows, plate glass, exterior doors, roof and all structural systems and elements of the Building (including the structural integrity thereof); (b) the electrical, lighting, mechanical (including elevators), plumbing, heating and air conditioning systems, facilities and components serving the Premises and the Building to the extent the same are Building Standard or constitute Landlord Improvements (or Landlord’s replacements thereof), other than those portions thereof that are located entirely within the Premises and serve no party other than Tenant; (c) light bulbs, tubes, ballasts and starters to the extent the same are Building Standard or constitute Landlord Improvements (or Landlord’s replacements thereof), (d) demising walls in the Building (other than those installed by Tenant, and excluding the interior surfaces of such walls located within the Premises or the premises of any other tenant), and (e) Common Area (subject to and in accordance with all other terms and conditions of this Lease relating to Common Area), including the surface area of any walls, windows, doors and plate glass within the Common Area. Tenant will reasonably cooperate with Landlord to facilitate the performance of Landlord’s obligations under this Section 7.1, including any entry by Landlord into all or any portion of the Premises and the temporary relocation of items of Tenant’s personal property, all as Landlord may determine is reasonably necessary to properly perform such obligations; provided, however, that Landlord will not materially and adversely interfere with Tenant’s use of the Premises during any such entry or temporary relocation. Notwithstanding the foregoing, if Tenant reasonably determines that any such temporary relocation of tenant’s personal property proposed by Landlord would materially and adversely affect Tenant’s use of the Premises, Tenant shall have the right to object to the same, in which event Landlord shall not be permitted to require such relocation; provided, however, that in the event Tenant so objects to such temporary relocation of Tenant’s personal property, and Landlord is not reasonably able to perform Landlord’s obligations set forth in this Section 7.1 without such relocation of Tenant’s personal property, then Landlord will not be required to perform such obligations unless and until Tenant permits such relocation. Landlord’s repair and maintenance obligations under this Section are subject to the provisions of Section 6.04 Articles 11 and 12 of this Lease regarding repairs during the initial construction warranty period, LANDLORD shall, at any casualty or Taking. The costs and expenses incurred by Landlord in performing its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs obligations under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof will be included in Operating Expenses (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, only to the extent of such cureprovided under the definition thereof). In all events, of LANDLORD(a) Landlord will perform Landlord’s obligations under this LEASE. The self-help Section 7.1 in a manner so as to reasonably minimize interference with Tenant’s operations within the Premises, and offset rights set forth (b) Tenant agrees to reasonably cooperate with Landlord in this Section shall inure solely to the benefit of 99¢ Only Stores and only connection with such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishperformance.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Horizon Pharma PLC)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowunless such maintenance or repairs are required because of any negligent or intentional act or omission of Tenant or its agents, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty periodemployees, LANDLORD shallcontractors, at its sole cost and expensecustomers or invitees, Landlord shall keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) following in good order, condition and repair, reasonable wear and tear excluded: the foundations, slabs, elevators, stairs, restrooms existing as of the Effective Date, exterior walls and roof of the Premises (including painting the exterior surface of the exterior walls of the Premises not more often than once every five (5) years, if necessary); the heating and air conditioning systems servicing the Premises (“HVAC System”) to the extent not covered by the preventive maintenance contract to be maintained by Tenant in Section 6.4(b) below; parking lot surfaces; and all components of electrical, mechanical, sprinkler, fire life safety and plumbing and other building systems and equipment not constructed by Tenant and improvements located outside the interior of the Premises. LANDLORD However, Landlord shall not be obligated to maintain or repair interior windows, doors, plate glass, the interior surfaces of exterior walls or other interior improvements in the Building or Premises, or to provide janitorial services to the Premises or interior Common Areas during the time period that Tenant is leasing the entire Building (and, if the Building is multi-tenant, at Tenant’s request, Landlord shall provide janitorial services as part of Operating Expenses for Common Areas during such time as Tenant is not leasing the entire Building). Landlord shall make repairs under this Section 6.03 6.3 within a reasonable time after receipt of written notice from TENANT Tenant of the need for such repairs. If LANDLORD Notwithstanding any of the terms and conditions set forth in this Lease to the contrary, if Tenant provides notice (or oral notice in the event of an “emergency,” as that term is defined, below) to Landlord of an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance required on any floor of the Building containing space leased by Tenant, including repairs to the Building structure and/or Building system located on such floors (and including the Building structure or Building systems not located on floor(s) of the Building leased by Tenant but which service any portion of the Premises), which event or circumstance with respect to the Building structure or Building system materially or adversely affects the conduct of Tenant’s business from the Premises, and Landlord fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, corrective action within a reasonable amount period of time time, given the circumstances, after TENANT’s the receipt of such notice, but in any event not later than thirty (30) days after receipt of such notice, then Tenant may proceed to take the required action upon delivery of an additional ten (10) business days’ notice thereof to Landlord specifying that Tenant is taking such required action (provided, however, that the initial thirty (30) day notice and the subsequent ten (10) day notice shall not exceeding 15 days, except be required in the case event of an emergency emergency) and if such action was required under this Lease to be taken by Landlord and was not commenced by Landlord within such ten (10) business day period and thereafter diligently pursued to completion, then Tenant shall be entitled to take such action and receive prompt reimbursement by Landlord of Tenant’s reasonable costs and expenses in taking such action plus interest thereon at the Interest Rate. In the event Tenant takes such action, Tenant shall use only those contractors used by Landlord in the Building for work unless such contractors are unwilling or dangerous conditionunable to perform, or timely perform, such work, in which event no notice Tenant may utilize the services of any other qualified contractor which normally and regularly performs similar work in Comparable Buildings. Promptly following completion of any work taken by Tenant pursuant to the terms and conditions of this Section 6.3(a), Tenant shall deliver a detailed invoice of the work completed, the materials used and the costs relating thereto. If Landlord does not deliver a detailed written objection to Tenant within thirty (30) days after receipt of an invoice from Tenant, then Tenant shall be requiredentitled to deduct from Rent payable by Tenant under this Lease, the amount set forth in such invoice. If, however, Landlord delivers to Tenant, within thirty (30) days after receipt of Tenant’s invoice, a written objection to the payment of such invoice, setting forth with reasonable particularity Landlord’s reasons for its claim that such action did not have to be taken by Landlord pursuant to the terms and conditions of this Lease or that the charges are excessive (in which case Landlord shall pay the amount it contends would not have been excessive), then TENANT may, but Tenant shall not then be obligated entitled to do so such deduction from Rent. If Landlord objects to any deduction from Rent, Tenant may proceed to claim a default by Landlord and without waiving any other rights file an applicable action. If Tenant prevails in the action, the amount of the judgement (which shall include interest at the Interest Rate from the time of each expenditure by Tenant until the date Tenant receives such amount by payment or remedies provided hereunder offset and attorneys’ fees and related costs) may be deducted by Tenant from the Rent next due and owing under this Lease. For purposes of this Section 6.3(a), an “emergency” shall mean an event threatening immediate and material danger to people located in the Building or by lawimmediate, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant material damage to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lenderBuilding, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to timeBuilding systems, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cureBuilding structure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls ittenant improvements, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ alterations, or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained hereincreates a realistic possibility of an immediate and material interference with, TENANT shall have the right to install or immediate and maintain antennae and/or material interruption of a satellite dish on the roof material aspect of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishTenant’s business operations.
Appears in 2 contracts
Samples: Work Letter Agreement (Ziprecruiter, Inc.), Work Letter Agreement (Ziprecruiter, Inc.)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD Landlord shall, at its Landlord’s sole cost and expense, keep maintain the following in good condition and repair (including repairs and replacements, as reasonably necessary): (i) the Building footings, foundations, resurfacing or replacement of parking lot surfacefloor slab, structural portions steel columns and girders; (ii) the Building roof (including, without limitation, the roof structure, membrane and roof covering) and exterior walls; and (iii) any underground utilities serving the Premises (collectively referred to herein as “Capital Replacements”). Tenant shall have no obligation to pay for any Capital Replacements made by Landlord in a commercially reasonable manner and to the extent reasonably necessary to be made, except as follows: Tenant shall reimburse Landlord for the amortized portion of the building cost of any Capital Replacements (including foundationsamortized on a straight-line basis over its useful life or the remaining Term of this Lease, whichever is longer), payable in equal monthly installments beginning on the slabdate which is thirty (30) days after Landlord has provided a written demand, accompanied by a paid invoice and reasonable supporting documentation therefor, and compliance with earthquake code), replacement thereafter on the first day of each month during the remainder of the structural portions Term of the roof (and the roof membrane)this Lease, the structural portions of the roof top signageas applicable; provided, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) Tenant shall in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need no event be liable for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORDthe amortized cost of any Capital Replacements which extends beyond the expiration of the Term. If Tenant becomes aware of any condition that is Landlord’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequentresponsibility to repair pursuant to this Lease, financial obligations to LANDLORDTenant shall promptly notify Landlord of the condition. All notices sent to LANDLORD prerequisite repairs and replacements made by or on behalf of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence Landlord shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ be made and performed in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 accordance with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to all applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLaws.
Appears in 2 contracts
Samples: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject Sublandlord shall not be required to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions perform any of the building (including foundationscovenants, agreements and/or obligations of Landlord under the slabMaster Lease, and compliance with earthquake code)and, replacement insofar as any of the structural portions covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance (except with respect to Sublandlord’s obligation to pay Monthly Rent (as defined in the Master Lease) to Landlord in accordance with the terms of the roof (and Master Lease, in which case Subtenant shall look to Sublandlord). In addition, Sublandlord shall have no obligation to perform any repairs or any other obligations of Landlord under the roof membrane)Master Lease, nor shall any representations or warranties made by Landlord under the structural portions Master Lease be deemed to have been made by Sublandlord. Sublandlord shall not be responsible for any failure or interruption of the roof top signageservices or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and cleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (a) abatement, diminution or reduction of Subtenant’s obligations under this Sublease (provided that if Sublandlord is entitled to an abatement of Rent payable under the pylon signageMaster Lease with respect to the Subleased Premises as a result of an interruption in services, or Landlord’s failure to provide such services, to the Subleased Premises, including, without limitation, pursuant to Paragraphs 17.e or 23 of the Original Master Lease, Subtenant will be entitled to a parallel abatement of the Rent payable hereunder), or (b) liability on the part of Sublandlord. Notwithstanding the foregoing, if anythe Subleased Premises, exterior wallsor a material portion of the Subleased Premises, fire sprinkler system are made untenantable for a period in excess of five (if any5) consecutive business days following Subtenant’s notice to Sublandlord of the occurrence of a service interruption as a result of a service interruption that is reasonably within the control of Sublandlord to correct or which is caused by Sublandlord’s gross negligence or willful misconduct (and through no fault of Subtenant) and utility connections provided that Subtenant in fact cannot and does not use the Subleased Premises (or such portion) as a consequence of such service interruption, then Subtenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (6th) consecutive business day following Subtenant’s notice to Sublandlord of the service interruption and ending on the day such service has been restored. Notwithstanding the foregoing, if Landlord shall default in any of its obligations to perform services with respect to the building (waterSubleased Premises, sewerSublandlord shall use good faith efforts, electricalunder the circumstances, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence seek Landlord’s performance upon Subtenant’s request to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated Sublandlord to do so and without waiving shall thereafter seek such performance on the part of Landlord; the foregoing provisions of this sentence shall in no event be deemed to require Sublandlord to commence any legal proceeding, arbitration or any other rights or remedies provided hereunder or by lawsimilar form of process unless Sublandlord, perform any portion of LANDLORDin Sublandlord’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequentgood faith discretion, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top determines that commencement of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help action is necessary and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishappropriate.
Appears in 2 contracts
Samples: Nerdwallet, Inc., Nerdwallet, Inc.
Landlord’s Obligations. (a) Except as otherwise expressly provided in Article Seven (Damage this Agreement, Landlord shall not, under any circumstances, be required to build or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowrebuild any improvement on the Leased Property, and subject or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to the provisions of Section 6.04 regarding repairs during the initial construction warranty periodLeased Property, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing whether ordinary or replacement of parking lot surfaceextraordinary, structural portions of or nonstructural, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, or to maintain the building (including foundationsLeased Property in any way. Except as otherwise expressly provided in this Agreement, the slabTenant hereby waives, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or maximum extent permitted by law, perform any portion the right to make repairs at the expense of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights Landlord pursuant to any law in effect on the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line date hereof or otherwise prominently noted at the top of such noticehereafter enacted. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT Landlord shall have the right to install give, record and maintain antennae and/or a satellite dish on post, as appropriate, notices of nonresponsibility under any mechanic's lien laws now or hereafter existing. (b) If, pursuant to the roof terms of this Agreement, Tenant is required to make any expenditures in connection with any repair, maintenance or renovation with respect to any Property, Tenant may, at its election, advance such funds or give Landlord Notice thereof, which Notice shall set forth, in reasonable detail, the nature of the PREMISESrequired repair, renovation or replacement, the estimated cost thereof and such other information with respect thereto as Landlord may reasonably require. Provided that no Event of Default shall have occurred and be continuing and Tenant shall otherwise comply with the applicable provisions of Article 6, Landlord shall, within ten (10) Business Days after such Notice, subject to and in accordance with the applicable law. TENANT provisions of Article 6, disburse such required funds to Tenant (or, if Tenant shall promptly repair so elect, directly to the Manager or any damage toother Person performing the required work) and, upon such disbursement, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.Minimum Rent shall be adjusted as provided in Section 3.1.1(b). 5.1.3
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Alterra Healthcare Corp)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject Subtenant agrees that Sublandlord shall not be required to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions perform any of the building (including foundationscovenants, agreements and/or obligations of Landlord under the slabMaster Lease and, and compliance with earthquake code), replacement insofar as any of the structural portions covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Master Lease. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the roof (services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and the roof membrane), the structural portions of the roof top signagecleaning service, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections except to the building extent that the same is due to Sublandlord’s negligence or willful misconduct; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (wateri) abatement, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs diminution or reduction of Subtenant’s obligations under this Section 6.03 within a reasonable time after receipt Sublease, or (ii) liability on the part of written notice from TENANT of Sublandlord. Notwithstanding the need for foregoing, Sublandlord shall promptly take such repairs. If LANDLORD fails action as may reasonably be indicated, under the circumstances, to commence secure such performance upon Subtenant’s request to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated Sublandlord to do so and without waiving any other rights or remedies provided hereunder or by lawshall thereafter diligently prosecute such performance on the part of Landlord. Notwithstanding the foregoing to the contrary, perform any if Sublandlord is entitled to an abatement of rent payable under the Master Lease as a result of an event which affects the Subtenant’s ability to use the portion of LANDLORD’s obligations and deduct all reasonable amounts expended the Master Lease Premises in connection therewith from TENANT’s subsequentwhich the Subleased Premises are located, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite Subtenant will be afforded a similar abatement of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, Rent payable hereunder to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to that the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, abatement under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior Master Lease applies to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite disharea.
Appears in 2 contracts
Samples: Sublease Agreement, Lease Agreement (Transcend Services Inc)
Landlord’s Obligations. Except as (a) Subject to the limitations hereinafter set forth, Landlord agrees, while Tenant is occupying the Premises and while Tenant is not in default after any applicable cure period, under this lease, to furnish Tenant facilities to provide water (hot, cold and refrigerated) at those points of supply provided for general use of tenants of the Building, heated and refrigerated air conditioning in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowseason, and subject elevator and janitorial service to the provisions of Section 6.04 regarding repairs during the initial construction warranty periodPremises, LANDLORD shall, all such services to be provided at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions such times as Landlord normally furnishes these services to all tenants of the building (including foundations, the slab, Building and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so manner and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent deemed by Landlord to be standard. SEE ALSO SECTION 40.6. In addition, Landlord agrees to maintain the public and common areas of the Building, such cureas lobbies, stairs, corridors and restrooms, in reasonably good order and condition, except for damage occasioned by Tenant, or its employees, agents or invitees. Landlord reserves the right exercisable without notice and without liability to Tenant for damage or injury to property, persons or business and without effecting an eviction, constructive or actual, or disturbance of LANDLORD’s obligations under this LEASE. The self-help Tenant's use or possession, or giving rise to any claim for setoff or abatement of rent, to decorate and offset rights set forth to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in this Section shall inure solely and about the Building, or any part thereof, and for such purposes to enter upon the benefit of 99¢ Only Stores and only such of its assignees as may be owned by itleased Premises and, under during the control of it, under the control continuance of any entity which also controls itsuch work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignmenttemporarily suspend Building services and facilities. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.SEE ALSO SECTION 40.9
Appears in 2 contracts
Samples: Lease Agreement (Pervasive Software Inc), Lease Agreement (Pervasive Software Inc)
Landlord’s Obligations. Except as provided in Article Seven Subject to the provisions of Paragraphs 1.2 (Condition), 1.3 (Compliance with Covenants, Restrictions and Building Code), 3.2 (Operating Expenses), 5 (Use), 8 (Damage or Destruction) and Article Eight 13 (Condemnation) and Section 6.04(b) below), and subject to the provisions reimbursement requirements of Section 6.04 regarding repairs during the initial construction warranty periodParagraph 3.2, LANDLORD shallLandlord, at its sole cost and expense, shall keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repairrepair the roof, foundation, floor slabs, exterior walls (including painting), the structural condition of interior bearing walls of the Premises, underground utilities to the point on connection to the Building, and the exterior areas of the Premises (i.e., landscaping, parking areas, sidewalks and driveways), including procuring and maintaining service contracts for the fire extinguishing systems, including fire alarm and/or smoke detection, landscaping and irrigation systems, roof covering and drains, and the basic utility feed to the perimeter of the Premises (the cost of such service contracts shall be included in Operating Expenses). LANDLORD shall make Except as provided in this Paragraph 6.2 and Paragraphs 1.2, 1.3, 8 and 13, it is intended by the Parties hereto that Landlord have no obligation to repair and maintain the Premises, or the equipment therein, all of which obligations are intended to be that of Tenant. Notwithstanding the foregoing and subject to Tenant’s indemnification of Landlord as set forth in Paragraph 7.4 below, and without relieving Tenant of liability for any damage caused by Tenant or resulting from Tenant’s failure to exercise and perform good maintenance practices, if during the Original Term any major repairs or replacements to the Premises are required or necessary for the operation of the Premises which repair or replacement is the obligation of Tenant under Paragraph 6.1 above (which repairs or replacement is not caused by Tenant’s misuse or failure to maintain the Premises as required under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous conditionLease, in which event no notice case Tenant shall be requiredresponsible for such repairs or replacement caused by misuse or failure to maintain the Premises) and the cost of which exceeds $100,000.00 (a “Major Repair or Replacement”), then TENANT mayLandlord shall perform such Major Repair or Replacement and Tenant shall reimburse Landlord for the cost of such Major Repair or Replacement provided that such cost shall be amortized (including interest on the unamortized cost) over its useful life (but in no event less than five (5) years) as determined in accordance with Landlord’s sound accounting principles. Such reimbursement amount shall be added to Tenant’s Share of Operating Expenses and shall be paid concurrently with and in the same manner as Tenant’s Share of Operating Expenses and shall be deemed a Permitted Capital Expenditure. In the event that Tenant exercises an Option or otherwise extends the Term of this Lease, but such extension shall not be obligated to do so and without waiving any other rights contingent upon Tenant’s continued payment of the amortized cost of the Major Repair or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant Replacement under this Paragraph 6.2 which relates to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top term of such noticeextension. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANTTenant’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANTInitial /s/ AK Landlord’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.Initial /s/ DA Rev.04/18
Appears in 2 contracts
Samples: Cue Health Inc., Cue Health Inc.
Landlord’s Obligations. Except During the Term, Landlord shall, at Landlord’s expense, subject to reimbursement as provided in an Operating Expense to the extent permitted pursuant to Article Seven (Damage or Destruction) 4 and Article Eight (Condemnation) and Section 6.04(b) belowExhibit D, comply with all Applicable Laws relating to the Property, the Building, and subject the Building Structure and the Building Systems, including, but not limited to, Applicable Laws requiring any physical modifications to the provisions Premises (except to the extent of Tenant's obligations pursuant to Section 6.04 regarding repairs during 9.1 above). Without limiting the initial construction warranty periodgenerality of the foregoing, LANDLORD Landlord shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections subject to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of reimbursement as an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, Operating Expense to the extent of such curepermitted pursuant to Article 4 and Exhibit D, of LANDLORDcause the Building and the Property to comply with the ADA, subject to Tenant’s obligations under this LEASEArticle 6. The self-help and offset rights set forth in this Section shall inure solely Landlord's obligations hereunder include the obligation to comply with local building codes enacted under the ADA to the benefit extent required for Tenant to obtain and maintain a certificate of 99¢ Only Stores occupancy or to comply with any enforcement action brought by a governmental authority or private party. Landlord's obligation to comply with Applicable Laws, at Landlord's expense, subject to reimbursement as an Operating Expense to the extent permitted pursuant to Article 4 and only such of its assignees as may be owned by itExhibit D, under shall apply to any corrective work to cure violations existing on the control of it, under Commencement Date (whether known or unknown to the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignmentparties). Notwithstanding anything to the contrary contained hereinforegoing, TENANT Landlord shall have the right to install and maintain antennae and/or contest any alleged violation in good faith (whether such alleged violation is asserted by a satellite dish on the roof of the PREMISESgovernmental authority or private party), subject to applicable law. TENANT shall promptly repair any damage including, but not limited to, the roof right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by law, provided that (a) Landlord shall indemnify, defend and hold Tenant harmless from and against all Claims relating to such alleged violation, (b) Tenant's use and enjoyment of the PREMISES which Premises is caused by not adversely affected thereby and (c) after the installation exhaustion of any and maintenance all rights to appeal or contest, make all repairs, additions, alterations or improvements necessary to comply with the terms of said antennae and/or satellite dishany final order or judgment. Nothing contained in this Section 9.2 shall be deemed to limit Tenant’s obligations under Sections 6.2(e) or 9.1 with respect to the ADA.
Appears in 2 contracts
Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)
Landlord’s Obligations. Except as Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements and/or obligations of Landlord under the Master Lease, including, without limitation, the services provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions 6 of the building (including foundationsOriginal Master Lease, the slaband, and compliance with earthquake code), replacement insofar as any of the structural portions covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Master Lease, nor shall any representations or warranties made by Landlord under the Master Lease be deemed to have been made by Sublandlord. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the roof (services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and the roof membrane), the structural portions of the roof top signagecleaning service, if any; and no failure to furnish, the pylon signageor interruption of, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cureservices or facilities shall give rise to any (i) abatement, to the extent diminution or reduction of such cure, of LANDLORDSubtenant’s obligations under this LEASESublease, or (ii) liability on the part of Sublandlord; provided, however, that in the event that the rent payable by Sublandlord for the Subleased Premises, or any portion of the Subleased Premises, as “Tenant” under the Master Lease, is abated (e.g., pursuant to Section 6.4 [Abatement Event] or Article 11 [Damage and Destruction]) of the Original Master Lease, then Subtenant will be entitled to a parallel Rent abatement hereunder. The self-help and offset rights set forth in this Section shall inure solely Notwithstanding the foregoing, if Subtenant notifies Sublandlord that Landlord is not performing or observing any of the Landlord’s obligations under the Master Lease with respect to the benefit of 99¢ Only Stores Subleased Premises, Sublandlord shall promptly forward such notice to Landlord and only request that it comply with Landlord’s obligations. If such of its assignees as may be owned by itfailure continues, Sublandlord shall at Subtenant’s reasonable request take reasonable steps to enforce Sublandlord’s rights under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT Master Lease in its retail operations prior to such assignment. Notwithstanding anything connection with Landlord’s providing utilities and services to the contrary contained hereinSubleased Premises; provided, TENANT however, that Sublandlord shall have the right never be required to install bring an action (or any similar proceeding) against Landlord and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject there will be no expense to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishSublandlord.
Appears in 2 contracts
Samples: Commencement Agreement (Lyft, Inc.), Commencement Agreement (Lyft, Inc.)
Landlord’s Obligations. Except Landlord shall maintain, repair and replace as provided in Article Seven necessary the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure, exterior walls, columns, beams and shafts (Damage or Destructionincluding elevator shafts) and Article Eight (Condemnationcollectively, “BUILDING STRUCTURE”) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense. Landlord shall also maintain, keep repair and replace as necessary the foundationsparking areas, resurfacing or replacement of parking lot surface, structural portions of the building sidewalks and access roads (including foundationssnow and ice removal), the slablandscaping, fountains, water falls, exterior Project signage, exterior glass and mullions, stairs and stairwells, elevator cabs and equipment, plazas, art work, sculptures, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and compliance with earthquake code), replacement of the structural portions of the roof (all common and public areas and the roof membrane)Building security, the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewermechanical, electrical, phonelife safety, etc.plumbing, sprinkler systems and HVAC systems (collectively, the “BUILDING SYSTEMS”) and all other Common Areas within the Project, and the cost of such maintenance and repair (or the amortized portion of the capital expenses of such maintenance and repairs, as applicable), shall be included in good orderOperating Expenses. Landlord shall undertake reasonable efforts to perform all maintenance, condition repairs and repair. LANDLORD shall make repairs under replacements pursuant to this Section 6.03 within a reasonable time SECTION 7.1 promptly after receipt of written notice from TENANT Landlord learns of the need for such repairsmaintenance, repairs and replacements, but in any event within thirty (30) days after Tenant provides written notice to Landlord of the need for such maintenance, repairs and replacements; provided, however, that in cases of emergency (i.e., circumstances which, if not addressed promptly, could result in material damage to persons and property), Landlord shall perform any maintenance, repairs and replacements as soon as reasonably practicable after it learns of the need for such maintenance, repairs and replacements. If LANDLORD fails In the event that any maintenance, repair and/or replacement is required of the air handlers and chillers servicing the Lab Areas, and Tenant expects that Tenant will suffer monetary loss or damages if such work is not completed immediately, Tenant shall give notice of such situation to commence Landlord and Landlord’s property manager, clearly stating the emergency nature of the situation, and if Landlord is unable to meet any obligation hereunderproceed to effect such maintenance, including without limitation repairs or replacements immediately, Tenant may do so, and the cost of such work shall be allocated and paid for as provided in the next paragraph of this Section 6.03 and Section 4.057.1. Notwithstanding anything herein to the contrary, Tenant shall reimburse Landlord as Additional Rent, within a reasonable amount thirty (30) days after receipt of time after TENANTLandlord’s notice thereof invoice, for all costs paid to third parties associated with the repair, maintenance and replacement of the air handlers and chillers which service the Lab Areas (as defined in SECTION 6.2, above) of the Premises and such costs shall thereafter not exceeding 15 days, except be included in the case calculation of an emergency or dangerous conditionOperating Expenses. Notwithstanding the foregoing, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANTall costs for replacements of the air handlers and chillers (or components thereof) which service the Lab Areas that are capital in nature under generally accepted accounting principles, at Tenant’s option, to be exercised within thirty days after receipt of recorded non-disturbance agreements from each lenderLandlord’s first invoice for such costs, TENANT in lieu of reimbursing Landlord within thirty days, such costs shall send copies be amortized (with interest at a twelve percent (12%) per annum) over the lesser of any notice referring to TENANT’s self-help rights to such lender(s(i) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent remaining Term of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls itLease, or which own not less than ten (10ii) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof useful life of the PREMISESitem being replaced, subject to applicable law. TENANT and Tenant shall promptly repair any damage topay Landlord, as Additional Rent, on a monthly basis, the roof of the PREMISES which is caused by the installation amortized portion and maintenance of said antennae and/or satellite dishinterest applicable thereto.
Appears in 2 contracts
Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
Landlord’s Obligations. Subject to Section 7.1 above and to Article 11 and Article 13 hereof, Landlord shall maintain and make all necessary repairs to and replacements of (a) the “Building Systems” that service the Premises, (b) the structural portions of the Building, (c) the roof of the Building, (d) within a reasonable period following receipt of notice of the need for repair and replacement from Tenant, the exterior walls and windows of the Premises and (e) the Common Areas. The term “Building Systems” shall mean the service systems of the Building, including, without limitation, the entire HVAC system for the Building and the Premises, and also the mechanical, gas, steam, electrical, sanitary, elevator, plumbing, and life-safety systems of the Building up to the point of connection of localized distribution to the Premises (it being understood that the Building Systems shall not include any systems that Tenant installs in the Premises). Nothing contained in this Section 7.2 shall require Landlord to maintain or repair the systems within the Premises that distribute within the Premises electricity or water beyond the initial point of entry of such systems into the Premises. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below11, and subject to the provisions there shall be no abatement of Section 6.04 regarding repairs during the initial construction warranty periodRent, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions nor shall there be any liability of the building “Landlord Parties” (including foundations, the slab, and compliance with earthquake codeas defined below), replacement by reason of the structural portions of the roof (and the roof membrane)any injury to, the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunderor damage suffered by Tenant, including without limitation Section 6.03 and Section 4.05limitation, within a reasonable amount of time after TENANTany inconvenience to, or interference with, Tenant’s notice thereof (not exceeding 15 daysbusiness or operations arising from the making of, except or failure to make, any maintenance or repairs, alterations or improvements in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORDthe Building and/or the Project. Tenant hereby waives the benefit of any Laws granting it the right to make repairs at Landlord’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequentexpense, financial obligations to LANDLORDplace a lien upon the property of Landlord and/or upon Rent due Landlord, or the right to terminate this Lease or withhold Rent on account of any Landlord default (including without limitation, the failure of Landlord to make repairs). All notices sent No provision of this Lease shall be construed as obligating Landlord to LANDLORD prerequisite of TENANT’s exercise of its rights perform any repairs, alterations or improvements to the Premises or the Project except as otherwise expressly agreed to be performed by Landlord pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLease.
Appears in 2 contracts
Samples: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, Inc.)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowLandlord shall maintain, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair, the structural portions of the Project, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas, and shall also maintain and repair the basic mechanical, electrical, life safety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems to their respective termination points. LANDLORD shall make repairs under If Tenant provides written notice to Landlord of an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance which Landlord is required to provide pursuant to the express terms of this Section 6.03 9(a) or Section 11(a) below, and Landlord fails to provide such required action within a reasonable time period of time, given the circumstances (and taking into account whether an emergency exists), after the receipt of such notice, but in any event not later than twenty-one (21) days after receipt of such notice, unless such repair would normally take longer and Landlord has commenced said repair work within said twenty-one (21) day period, then Tenant may deliver to Landlord an additional ten (10) business days’ written notice from TENANT (or an additional three (3) business days if there is an emergency, with imminent threat of the need for significant damage to person or property) specifying that Tenant will take such repairsrequired action. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, action was required under the control terms of itthis Lease to be taken by Landlord and was not taken by Landlord within such additional ten (10) business day (or three (3) business day, under the control of any entity which also controls it, as applicable) period (or which own not less such additional longer period as is reasonably necessary if such action would normally take longer than ten (10) stores operated business days [or three (3) business days, as applicable] and Landlord has commenced said action within said ten (10) business day period [or three (3) business days, as applicable]), then Tenant may take the action that was required of Landlord under this Lease and shall be entitled to prompt reimbursement by Landlord of Tenant’s actual and reasonable out-of-pocket costs paid to unaffiliated third parties in taking such action. In the event Tenant takes such action, and such work may affect the Project systems or the structural integrity of the Project, Tenant shall use only those contractors used by Landlord in the Project for work on such Project systems or structure unless such contractors are unwilling or unable to perform, or timely perform, such work, in which event Tenant may utilize the services of any other qualified contractor which normally and regularly performs similar work in Class A buildings and who are reasonably approved by Landlord in writing. Further, if Landlord does not deliver a written objection to Tenant within thirty (30) days after receipt of a detailed written invoice by Tenant of its costs of taking action which Tenant claims should have been taken by Landlord, and if such invoice from Tenant sets forth a reasonably detailed particularized breakdown of its costs and expenses in connection with taking such action on behalf of Landlord, then Tenant may deliver a second written invoice of its costs of taking action which Tenant claims should have been taken by Landlord (with a reasonably detailed particularized breakdown of its costs and expenses in connection with taking such action on behalf of Landlord). If Landlord does not deliver a written objection to Tenant within ten (10) business days after receipt of such second written invoice, then Tenant shall be entitled to deduct from rent payable by Tenant under this Lease, the amount set forth in such invoice. If, however, Landlord delivers to Tenant a written objection to the payment of such invoice, setting forth Landlord’s reasons for its claim that such action did not have to be taken by Landlord pursuant to the terms of this Lease or that the charges are excessive (in which case Landlord shall pay the amount it contends would not have been excessive), then Tenant shall not be entitled to such deduction from rent, but as Tenant’s sole and exclusive remedy, Tenant may proceed to claim a default by Landlord under this Lease (if any), provided that under no circumstances shall Tenant be allowed to terminate this Lease based upon any such default by Landlord. If, in connection with any such claimed default under the name ‘99¢ Only Stores’ or immediately preceding sentence, Tenant obtains a non-appealable final judgment from a court of competent jurisdiction, awarding damages to Tenant in connection therewith, then Tenant may deduct such other name as may be employed by TENANT in its retail operations prior to such assignmentfinal judgment against Basic Rental next becoming due. Notwithstanding anything to the contrary contained hereinset forth in this paragraph, TENANT any work performed by or on behalf of Tenant under this paragraph shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, be subject to applicable law. TENANT shall promptly repair any damage to, the roof Articles 9 and 10 of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishthis Lease.
Appears in 2 contracts
Samples: Standard Office Lease (loanDepot, Inc.), loanDepot, Inc.
Landlord’s Obligations. 8.2.1 Except as provided in Article Seven (Damage or Destruction) for repairs and Article Eight (Condemnation) and Section 6.04(b) below, and subject maintenance to the provisions of Premises that Master Tenant must make under Section 6.04 regarding repairs during the initial construction warranty period8.1 above, LANDLORD shallLandlord shall be responsible, at its sole cost and expense, keep for the foundationsremediation of any Hazardous Materials discovered in, resurfacing on, or replacement about the Premises during the work performed under Section 6 above or discovered thereafter, provided, said discovery and presence of parking lot surface, structural portions Hazardous Materials are not directly arising out of or attributable to Master Tenant or any subtenants use and/or occupancy of the building (including foundationsPremises, Further, Landlord shall be responsible for, at its sole cost and expenses, the slabroof structure, roof membrane and compliance with earthquake codesupports, HVAC (excluding Master Tenant’s maintenance contract), replacement of the structural portions of the roof (and the roof membrane)sprinkler system, the structural portions of the roof top signage, if any, the pylon signage, if anyfoundation, exterior walls, fire sprinkler system and all structural components of the Forbes Mill Building. In the event of an emergency, Master Tenant may give Landlord such notice as is practicable under the circumstances (if any) ), and utility connections if Landlord fails to make such repairs immediately, Master Tenant may immediately undertake such repairs and submit an invoice for the reasonable costs thereof to Landlord for reimbursement. Notwithstanding any provision to the building (watercontrary, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORDLandlord’s obligations under this LEASE. The self-help and offset rights set forth in this Section 8.2.1 shall inure solely to not include making (a) any repair or improvement necessitated by the benefit negligence or willful misconduct of 99¢ Only Stores and only such of its assignees as may be owned by itMaster Tenant, under the control of it, under the control of any entity which also controls itSubtenants, or which own not less than ten their agents, employees or servants; or (10b) stores operated under the name ‘99¢ Only Stores’ any repair or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is improvement caused by the installation Master Tenant’s failure to perform its obligations (including obligations which a Sublease obligates a Sublessee) hereunder or under any other agreement between Landlord and maintenance of said antennae and/or satellite dishMaster Tenant.
Appears in 2 contracts
Samples: Master Lease, Master Lease
Landlord’s Obligations. Except as provided in Article Seven (Damage or DestructionA) and Article Eight (Condemnation) and Section 6.04(b) below, and subject Subject to the provisions of Section 6.04 regarding repairs Article VIII hereof, Landlord shall during the initial construction warranty periodTerm of this Lease keep in first-class order, LANDLORD shallcondition and repair the foundations, exterior walls (excluding the interior surface of exterior walls and excluding all windows, doors, plate glass and showcases), downspouts, gutters and roof of the Premises, and other structural portions of the Premises, and Property plumbing, electrical, mechanical, and sprinkler systems (only to the point of connection to the Premises) except for reasonable wear and tear; provided, however, that Landlord shall have no obligation to repair until a reasonable time after the receipt by Landlord of notice of the need for repairs. Tenant shall reimburse Landlord for the actual out-of-pocket cost thereof within thirty (30) days following Tenant’s receipt of an invoice for such work, said costs to be allocated as provided in Section 13.05. Tenant agrees that it will promptly notify Landlord of the need for any such repair after Tenant becomes aware of same. Tenant waives the provisions of any law permitting Tenant to make repairs at Landlord’s expense. Notwithstanding anything to the contrary in this Lease, there is reserved to Landlord the use of the exterior walls and roof and the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires through the Premises in locations which will not materially interfere with Tenant’s use thereof, at Landlord’s sole cost and expense. Landlord, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections shall repair all damage caused to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of Premises as the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions result of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing work performed by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLandlord.
Appears in 2 contracts
Samples: Confidential Treatment (Ascend Wellness Holdings, LLC), Confidential Treatment (Ascend Wellness Holdings, LLC)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowAs a part of the consideration for the leasing of the Premises, and subject to the provisions obligations of Section 6.04 regarding repairs during Tenant set forth in this Lease, Landlord shall maintain, in good condition, the initial construction warranty periodfollowing: (i) the Common Area, LANDLORD shall, at its sole cost and expense, keep (ii) the foundations, resurfacing or replacement of parking lot surface(iii) exterior walls, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of iv) the structural portions of the roof (and the roof membrane), the structural portions of the roof top signageBuildings, if any(v) all window frames, (vi) all gutters and down spouts on the pylon signageBuilding, if anyand (vii) structural elements of the Buildings. Landlord shall have no obligation to commence any repairs or replacements hereunder until the expiration of fifteen (15) days following written notice from Tenant to Landlord of the need therefor. Notwithstanding the foregoing, exterior wallsin the event of any emergency, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) Landlord shall in good orderfaith and with diligence to cause necessary repairs to be made as soon as possible. Except as set forth in Section 16.7 hereof, condition and repair. LANDLORD shall Tenant waives any right now or hereafter granted by law to make any repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs10.1 upon Landlord's failure to do so hereunder. If LANDLORD fails to commence to meet any obligation hereunderExcept as set forth in Section 16.7 hereof, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but Landlord shall not be obligated liable for and, except as provided in Section 12, there shall be no abatement of Rent with respect to do so and without waiving any other rights injury or remedies provided hereunder to interference with Tenant's business arising from any repairs, maintenance, alteration or by law, perform improvement in or to any portion of LANDLORD’s obligations the Buildings, including the Premises, or in or to the fixtures, appurtenances and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequentequipment therein. Except as otherwise expressly provided herein, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of Tenant hereby waives and releases its rights pursuant to the provisions under Sections 1941, 1941.1, 1942 and 1942.5 of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ California Civil Code or under any similar law now or hereinafter in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite disheffect.
Appears in 1 contract
Samples: QRS Corp
Landlord’s Obligations. Subject to Section 7.1 above and to Article 11 and Article 13 hereof, Landlord shall maintain and make all necessary repairs to and replacements of (a) the “Building Systems” that service the Premises, (b) the structural portions of the Building, (c) the roof of the Building, and (d) within a reasonable period following receipt of notice of the need for repair and replacement from Tenant, the exterior walls and windows of the Premises. The term “Building Systems” shall mean the service systems of the Building, including, without limitation, the mechanical, gas, steam, electrical, sanitary, HVAC, elevator, plumbing, and life-safety systems of the Building up to the point of connection of localized distribution to the Premises (it being understood that the Building Systems shall not include any systems that Tenant installs in the Premises). Nothing contained in this Section 7.2 shall require Landlord to maintain or repair the systems within the Premises that distribute within the Premises electricity, HVAC or water. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below11, and subject to the provisions there shall be no abatement of Section 6.04 regarding repairs during the initial construction warranty periodRent, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions nor shall there be any liability of the building “Landlord Parties” (including foundations, the slab, and compliance with earthquake codeas defined below), replacement by reason of the structural portions of the roof (and the roof membrane)any injury to, the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunderor damage suffered by Tenant, including without limitation Section 6.03 and Section 4.05limitation, within a reasonable amount of time after TENANTany inconvenience to, or interference with, Tenant’s notice thereof (not exceeding 15 daysbusiness or operations arising from the making of, except or failure to make, any maintenance or repairs, alterations or improvements in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORDthe Building and/or the Project. Tenant hereby waives the benefit of any Laws granting it the right to make repairs at Landlord’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequentexpense, financial obligations to LANDLORDplace a lien upon the property of Landlord and/or upon Rent due Landlord, or the right to terminate this Lease or withhold Rent on account of any Landlord default (including without limitation, the failure of Landlord to make repairs). All notices sent No provision of this Lease shall be construed as obligating Landlord to LANDLORD prerequisite of TENANT’s exercise of its rights perform any repairs, alterations or improvements to the Premises or the Project except as otherwise expressly agreed to be performed by Landlord pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLease.
Appears in 1 contract
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, Landlord at its sole cost and expense, expense shall keep the foundationsfoundation, resurfacing or replacement of parking lot surfaceroof, floor slabs, exterior walls and ceiling slabs and other structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) Buildings in good order, condition condition, and repairrepair and the cost of such maintenance and repairs shall not be charged to Tenant as Additional Rent (except for (a) the cost of maintenance and repair of any structural alterations which were requested by Tenant in accordance with Section 4.2 (excluding any “Leasehold Improvements” (as defined in the Construction Addendum) made by or on behalf of Tenant, the maintenance and repair of which shall be performed and paid by Tenant), and (b) general maintenance and repairs to the roof (as opposed to replacement), which may be passed-through to Tenant as Additional Rent). LANDLORD Landlord shall not be obligated to make any repairs under this Section 6.03 within 7.1 until a reasonable time after receipt of a written notice (or, in the event of an emergency, telephonic or other reasonable notice) from TENANT of Tenant specifying the need for such repairs. If LANDLORD fails repairs although Landlord will use all diligent efforts to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by complete any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than repairs within ten (10) stores operated under the name ‘99¢ Only Stores’ or business days after such other name as may be employed by TENANT in its retail operations prior notice. In addition, but subject nevertheless to such assignment. Notwithstanding anything any applicable waiver of subrogation and except to the contrary contained hereinextent paid for by insurance, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISESLandlord shall, subject to applicable law. TENANT shall promptly at Tenant’s expense, repair any damage toto the roof, the roof foundation, or structural portions or walls of the PREMISES which is Premises and Buildings caused by the installation negligence or willful misconduct of Tenant or its employees, officers, agents, licensees, invitees, assignees, subtenants, contractors, or subcontractors. Tenant shall pay Landlord a fee equal to five (5%) percent of the cost of such work to compensate Landlord for coordination and maintenance supervision of said antennae and/or satellite dishthe integration of such work.
Appears in 1 contract
Samples: Lease Agreement (Office Depot Inc)
Landlord’s Obligations. Except as otherwise provided in Article Seven (Damage or Destruction) this Lease, Landlord will repair and Article Eight (Condemnation) and Section 6.04(b) below, and subject to maintain the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) following in good order, condition and repair: (a) the foundations, exterior walls, façade, structural systems, roof and roof membrane of the Building; (b) the electrical, mechanical, plumbing, heating and air conditioning systems, facilities and components located in the Building and used in common by all tenants of the Building or serving the Premises but located outside thereof; (c) Common Areas (subject to all other terms and conditions of this Lease relating to Common Areas); (d) those windows, doors, plate glass and exterior wall surfaces adjacent to Common Areas; and (e) any portion of the Premises damaged as a result of the actions or omissions of Landlord, its agents, contractors or employees. LANDLORD shall make repairs Except as hereinafter set forth, neither Basic Rent nor Additional Rent will be reduced nor will Landlord be liable for loss or injury to or interference with Xxxxxx’s property, profits or business arising from or in connection with Xxxxxxxx’s performance of its obligations under this Section. The costs and expenses incurred by Landlord in performing its obligations under this Section 6.03 within a reasonable time will be included in Operating Expenses. Xxxxxxxx’s repairs will be at least equal in quality and workmanship to the original work and Landlord will make the repairs and perform maintenance in accordance with all Laws. In the event of Landlord’s failure to make any required repair as outlined in Section 7.1 (a) thru (e) above, which failure (i) continues for more than thirty (30) consecutive business days after receipt of written notice from TENANT Tenant of the need for any required repairs, and (ii) such repairsfailure directly prevents Tenant from operating in the Premises (or any portion thereof) for the ordinary conduct of its business, then as Tenant’s sole and exclusive remedy, Rent shall thereafter be abated (in proportion to the portion of the Premises which Xxxxxx is unable to use for the ordinary conduct of its business) until the applicable repair is completed. If LANDLORD fails Landlord’s failure to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except make the required repairs and/or maintenance hereunder such that Tenant is prohibited from operating in the case Premises for the ordinary course of an emergency business for a period of more than one hundred eighty (180) consecutive days after written notice from Tenant to Landlord advising of the required repairs and/or maintenance, and the failure to complete the repairs and/or maintenance is solely the direct result of Landlord’s gross negligence or dangerous conditionwillful misconduct, Tenant may terminate this Lease upon not less than thirty (30) days prior written notice to Landlord with such termination being effective on or after the one hundred eighty-first (181) day. In the event that Landlord completes such repairs and/or maintenance within the 180-day period or otherwise prior to the effective date of any termination delivered by Tenant in which event no notice shall be required)accordance with the preceding sentence or Landlord has commenced to remedy the repair and/or maintenance and is continuously pursuing such remedy to completion, then TENANT may, but the termination right hereunder shall not be obligated to do so available, and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations the Lease shall remain in full force and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite disheffect.
Appears in 1 contract
Samples: Office Lease Agreement
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject Subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty periodsections 6 and 7 of this Lease, LANDLORD shall, at its sole cost and expense, Landlord shall keep the foundations, resurfacing or replacement of parking lot surfacefoundation, structural portions of the building load bearing walls, roof (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membraneskylights), the structural portions exterior of the roof top signagebuilding, if any, and the pylon signage, if any, exterior walls, fire sprinkler system (if any) pipes and utility connections installations located outside of the Premises that provide services to the Premises, in good order, condition, and repair, and in compliance with the requirements of governmental authorities having jurisdiction over the Premises, except that nothing herein shall require Landlord to make modifications, alterations or replacements which become necessary or desirable by reason of the use of the Premises made by Tenant, or by the acts or omissions of Tenant's agents, servants, employees, representatives, contractors or invitees. Notwithstanding any other provision hereof, Tenant shall pay one hundred percent (100%) of the cost for repairs, replacement or maintenance arising from the neglect or intentional acts of Tenant and/or Tenant's agents, servants, employees, representatives, contractors, and invitees. Landlord reserves the right at its sole discretion, from time to time, to make alterations, additions or improvements in or to the Premises provided that such alterations, additions or improvements do not materially interfere with Tenant's access, use and enjoyment of the Premises. Except to the extent provided herein, Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises nor the building (waterof which the Premises are a part, sewernor the equipment therein, electrical, phone, etc.) whether structural or nonstructural. Tenant expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or terminate the Lease because of Landlord's failure to keep the Premises in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant Subject to the provisions notice requirements of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lenderparagraph 13.8, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT Landlord shall have the right to install enter in or upon the Premises for the purpose of performing any and maintain antennae and/or a satellite dish on all acts of maintenance, repair or replacement, without limitation, and Tenant shall reasonably cooperate with Landlord and Landlord's contractors in all work performed in connection therewith. Except for loss of use proven to arise from Landlord's active negligence or intentional acts, or as provided in paragraph 7.3, there shall be no abatement of rent and no liability of Landlord by reason of injury to or interference with Tenant's business arising from such maintenance, repair or replacement to the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage toPremises, the roof Building of which the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishPremises are a part, or to fixtures, appurtenances, or equipment therein.
Appears in 1 contract
Samples: Lease (Real Goods Trading Corp)
Landlord’s Obligations. Except Subject to Sections 4.3 and 11.1, Landlord shall repair, maintain in good and tenantable condition and replace, as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundationsnecessary, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if anyroof, exterior walls, fire sprinkler system structural parts of the Premises (if anyincluding the structural floor) and all meters, pipes, conduits, equipment, components and facilities that supply the Premises with Utilities on a nonexclusive basis (except as the appropriate utility connections company has assumed these duties); in addition, Landlord shall maintain (but shall not be required to repair or replace) the building (waterHVAC system provided, sewerhowever, electrical, phone, etc.) in good order, condition and repair. LANDLORD that Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of have the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT mayoption, but shall not be obligated required, to do so and without waiving any other rights make repairs necessitated by reason of the negligence of Tenant or remedies provided hereunder anyone claiming under Tenant, or by lawreason of Improvements made by Tenant or anyone claiming under Tenant, perform any portion or by reason of LANDLORD’s obligations breaking and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions entering of the foregoing sentence Premises. In the event that Landlord makes such repairs necessitated by the negligence of Tenant or anyone claiming under Tenant, Tenant shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top pay as Additional Rent Landlord's costs plus fifteen percent (15%) of such noticecosts for overhead, within fifteen (15) days after presentation of a statement therefor. Subject As used in this Article 11, "exterior walls" shall include exterior surfaces of storefronts, window sashes, casements and frames. Exterior walls shall specifically exclude exterior and interior glass. It is understood and agreed that Landlord shall be under no obligation to satisfaction of repair, replace or maintain the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of Premises or the mechanical equipment exclusively serving the Premises at any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses except as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignmentLease expressly provides. Notwithstanding anything to the contrary contained hereinin this Lease, TENANT Landlord shall have the right not in any way be liable to install and maintain antennae and/or a satellite dish on the roof Tenant for failure to make repairs as herein specifically required of it unless Tenant has previously notified Landlord, in writing, of the PREMISES, subject need for such repairs and Landlord has failed to applicable law. TENANT shall promptly repair any damage to, the roof commence and complete said repairs within a reasonable period of the PREMISES which is caused by the installation and maintenance time following receipt of said antennae and/or satellite dishTenant's written notification.
Appears in 1 contract
Samples: Lease Agreement (Play Co Toys & Entertainment Corp)
Landlord’s Obligations. Except as provided in Article Seven Within ten (Damage or Destruction10) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall business days following any written request which Tenant may make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies Landlord agrees to execute and deliver to Tenant a statement, in a form substantially similar to the form of Exhibit “E-2” attached hereto, certifying to Landlord’s actual knowledge (subject to any applicable exceptions set forth in such notice(sstatement): (i) the Commencement Date of this Lease; (ii) the fact that this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and effect, and stating the date and nature of such modifications). TENANT will accept a cure by any such lender as a cure; (iii) the date to which the rent and other sums payable under this Lease have been paid; (iv) that, to the extent best of such cureLandlord’s knowledge, of LANDLORD’s obligations there are no current defaults under this LEASELease by either Landlord or Tenant; and (v) such other matters reasonably requested by Tenant. The self-help Landlord and offset rights set forth in Tenant intend that any statement delivered pursuant to this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as 23(b) may be owned relied upon by itany prospective Transferee, under the control of itlender, under the control purchaser and/or investor of any entity which also controls itinterest in Tenant or its interest under this Lease. Without limiting the foregoing, or which own not less than if Landlord fails to deliver any such statement within such ten (10) stores operated under business day period, Tenant may deliver to Landlord an additional request for such statement and Landlord’s failure to deliver such statement to Tenant within ten (10) business days after delivery of such additional request will constitute a Landlord default pursuant to Section 20 of this Lease, and Landlord shall be liable for and shall pay to Tenant upon demand Five Hundred Dollars ($500.00) per day for each day beyond the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof expiration of the PREMISES, subject foregoing second ten (10) business day period that Landlord delays in delivering the statement to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishTenant.
Appears in 1 contract
Samples: Lease (Ddi Corp)
Landlord’s Obligations. Landlord warrants that, as of Landlord’s delivery of the Premises to Tenant, the Tenant Improvements shall be in compliance with all laws applicable thereto as of the issuance of the building permits therefor, and Landlord shall, at its sole cost and expense and as Tenant’s sole remedy, promptly correct any breach of such warranty promptly following receipt of written notice thereof from Tenant. Landlord shall be responsible, as part of Operating Expenses to the extent permitted under Article 4 above, for making all alterations to the following portions of the Premises and Building required by Laws: (i) structural portions of the Premises but not including any Alterations installed by or at the request of Tenant, (ii) all Building systems, equipment and appurtenances located within the Premises except those serving the Premises exclusively, and (iii) those portions of the Building located outside the Premises; provided, however, Landlord shall not be responsible for the costs incurred to make alterations to any such portions of the Premises and Building described in clause (i), (ii) or (iii) above to the extent such alterations are necessary due to the installation of Alterations to the Premises by or at the request of Tenant or as a result of Tenant’s particular use of the Premises and Tenant shall, within thirty (30) days of Tenant’s receipt of Landlord’s invoice therefor, reimburse Landlord for all such costs. Except as provided for Landlord’s obligations described in Article Seven (Damage or Destruction) the immediately preceding sentence and Article Eight (Condemnation) and Section 6.04(b) belowelsewhere in this Lease, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period24.1 above, LANDLORD Tenant shall, at its sole cost and expense, keep be responsible for compliance with all Laws affecting the foundationsPremises, resurfacing or replacement including the making of parking lot surface, structural portions all required alterations thereto. As of the building (including foundationsdate of this Lease, the slabPremises and Real Property have not been inspected by a Certified Access Specialist. Tenant hereby acknowledges that Landlord has certain energy usage disclosure requirements under California law and, in connection therewith, Tenant agrees (i) to cooperate with Landlord, as reasonably necessary, in connection with Landlord’s compliance with such requirements, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if anyii) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or that all out-of-pocket costs incurred by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended Landlord in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of with such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as compliance may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT included in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishOperating Expenses.
Appears in 1 contract
Samples: Lease (Maxlinear Inc)
Landlord’s Obligations. Landlord shall keep the Project (excluding the interior of the Premises and space leased to other occupants of the Project) in good condition and repair, including without limitation, any necessary repairs and replacements to (i) exterior walls, windows and doors, roof, floor slabs, structural elements of the Project, and (ii) the Common Areas, including all heating, life-safety, plumbing, ventilating, air-conditioning, electrical and mechanical systems serving the Common Areas, all subject to reimbursement permitted by Section 5.1 hereinabove. If plumbing pipes, electrical wiring, HVAC ducts or vents within the Premises are in need of repair, Tenant shall advise Landlord (telephonically or otherwise), and Landlord shall cause the repairs to be completed within a reasonable time, and, unless necessitated by the negligent or intentional acts of Tenant, its agents, employees or contractors, the entire cost of the repairs shall be considered an Operating Expense and, unless expressly excluded pursuant to Section 5.1, reimbursed in accordance with Section 5.1 herein. Except as provided in Article Seven (Damage Section 9.3, there shall be no abatement of rent or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowliability to Tenant on account of any injury or interference with Tenant's business with respect to any improvements, and subject alterations or repairs made by Landlord to the provisions Project or any part thereof. Tenant expressly waives the benefits of Section 6.04 regarding any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, Landlord's expense or to terminate this Lease because of Landlord's failure to keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) Project in good order, condition and repair. LANDLORD shall make All repairs under and maintenance required to be performed by Landlord pursuant to this Section 6.03 within 8.1 or elsewhere in this Lease shall be performed in a reasonable time after receipt of written notice from TENANT manner consistent with the services provided in similar buildings of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 same age and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except quality and which are centrally located in the case of an emergency or dangerous conditionCedar Knolls, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORDNew Jersey area. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth Nothing in this Section 8.1 shall inure solely be deemed to the benefit be a waiver of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the Tenant’s right to install and maintain antennae and/or a satellite dish on the roof claim of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishconstructive eviction.
Appears in 1 contract
Samples: Emisphere Technologies Inc
Landlord’s Obligations. Subject to Article 11 and Article 13 hereof, and except for Tenant’s maintenance and repair obligations set forth in Section 7.1 above, Landlord shall maintain and make all necessary repairs to and replacements of (a) the “Building Systems” that service the Premises, (b) the structural portions of the Building, (c) the roof of the Building, and (d) within a reasonable period following receipt of notice of the need for repair and replacement from Tenant, the exterior walls and windows of the Premises. Landlord shall have sole responsibility for the repair or replacement of any and all defects or defective components, patent or latent, of the Landlord’s Work (for a period of one (1) year after the Lease Commencement Date with respect to the Initial Premises and for a period of one (1) year after the Must Take Commencement Date with respect to the Must Take Premises), the Building Systems and the structural portions of the Building, and any and all defects, latent or patent, attributable to Landlord’s repairs to or replacement of any Building System or any structural component of the Building. The term “Building Systems” shall mean the service systems of the Building, including, without limitation, the mechanical, gas, steam, electrical, sanitary, HVAC, elevator, plumbing, and life-safety systems of the Building up to the point of connection of localized distribution to the Premises (it being understood that the Building Systems shall not include any systems that Tenant installs in the Premises). Nothing contained in this Section 7.2 shall require Landlord to maintain or repair the systems within the Premises that distribute within the Premises electricity, HVAC or water. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below11, and subject to the provisions there shall be no abatement of Section 6.04 regarding repairs during the initial construction warranty periodRent, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions nor shall there be any liability of the building “Landlord Parties” (including foundations, the slab, and compliance with earthquake codeas defined below), replacement by reason of the structural portions of the roof (and the roof membrane)any injury to, the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunderor damage suffered by Tenant, including without limitation Section 6.03 and Section 4.05limitation, within a reasonable amount of time after TENANTany inconvenience to, or interference with, Tenant’s notice thereof (not exceeding 15 daysbusiness or operations arising from the making of, except or failure to make, any maintenance or repairs, alterations or improvements in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORDthe Building and/or the Project. Tenant hereby waives the benefit of any Laws granting it the right to make repairs at Landlord’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequentexpense, financial obligations to LANDLORDplace a lien upon the property of Landlord and/or upon Rent due Landlord, or the right to terminate this Lease or withhold Rent on account of any Landlord default (including without limitation, the failure of Landlord to make repairs). All notices sent No provision of this Lease shall be construed as obligating Landlord to LANDLORD prerequisite of TENANT’s exercise of its rights perform any repairs, alterations or improvements to the Premises or the Project except as otherwise expressly agreed to be performed by Landlord pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLease.
Appears in 1 contract
Samples: Office Lease (Oxigene Inc)
Landlord’s Obligations. Subject to Article 12, Landlord shall repair and maintain with reasonable diligence after notice from Tenant the Building structures and Building Systems in a manner consistent with that of a reasonably prudent building owner of a first-class office building in the Santa Mxxxxx/West Los Angeles area (including, without limitation, the Building’s HVAC system in accordance with the recommended maintenance specifications therefor). To the extent such maintenance and repair is required (a) by modifications to the Building and/or Building Systems made by or at the direction of Tenant, or (b) due to the act (other than ordinary use as contemplated by this Lease), neglect, misuse, or fault of Tenant, its agents, employees, contractors, licensees or invitees, Tenant shall pay to Landlord the cost of such maintenance and repairs except to the extent Tenant has been relieved of such liability pursuant to this Lease, including, without limitation, under Section 11.5. Except as provided in Article Seven (Damage or Destruction) Articles 6 and Article Eight (Condemnation) and Section 6.04(b) below12, there shall be no abatement of rent with respect to, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but Landlord shall not be obligated liable for, any injury to do so and without waiving or interference with Tenant’s business arising from any other rights repairs, maintenance, alteration or remedies provided hereunder improvement in or by law, perform to any portion of LANDLORD’s obligations and deduct all reasonable amounts expended the Project or the Building, including the Premises. Further, neither Landlord nor any member, manager, partner, director, officer, agent or employee of Landlord shall be liable for any damage caused by other lessees or persons in connection therewith from TENANT’s subsequentor about the Project, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite or for any consequential damages arising out of TENANT’s exercise any loss of its rights pursuant to the provisions use of the foregoing sentence shall contain Premises or any equipment or facilities therein by Tenant or any person claiming through or under Tenant. As a material inducement to Landlord entering into this Lease, Tenant waives and releases its right to make repairs at Landlord’s expense under Section 1942 of the words ‘Notice California Civil Code or under any other law, statute or ordinance now or hereafter in effect, and Tenant waives and releases the right to terminate this Lease under Section 1932(1) of Intention to Exercise Self-Help Rights’ in the “Re” line California Civil Code or otherwise prominently noted at the top of such noticeany similar or successor statute. Subject to satisfaction the foregoing, Landlord shall endeavor to cause the least disruption practicable to Tenant while making repairs, alterations or improvements to the Project. If reasonably requested by Tenant, such activities by Landlord which materially affect the Premises or access thereto shall be performed outside of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, Normal Working Hours to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishpracticable.
Appears in 1 contract
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject Landlord shall promptly comply with all Laws pertaining to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost Common Areas and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural those portions of the building (including foundations, the slab, Leased Premises required to be maintained and compliance with earthquake code), replacement of the structural repaired by Landlord or pertaining to those portions of the Property located outside of the Leased Premises. Landlord shall deliver the Leased Premises (including the Tenant Improvements) to Tenant in compliance with all Laws and all portions of the Property outside of the Leased Premises (excluding the interior buildouts of any other premises occupied by another tenant or available for lease) shall be in compliance with all Laws as of the Delivery Date. Landlord further warrants and covenants that as of the Commencement Date (1) the Building’s roof (and the roof including membrane), the foundation, footings, slabs, structural portions of the roof top signage, if any, the pylon signage, if anywalls, exterior wallswindows (including seals), fire sprinkler system skylights (if anyincluding seals) and utility connections to the building (waterdoors, sewerplumbing, electricalfire/life safety system, phonelighting, etc.) heating, ventilation and air conditioning systems, electrical systems, and elevators serving the Leased Premises shall be in good order, operating condition and repair. LANDLORD , and (2) the Building (excluding the interior buildouts of any other tenant’s premises) and the Leased Premises shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, comply with all applicable Laws (including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 daysADA), except in to the case extent of an emergency any non-compliance resulting from, or dangerous conditiontriggered as a result of, any Leasehold Improvements (excluding the Tenant Improvements), in which event no notice Tenant shall be required)required to correct any such non-compliance; provided that Landlord shall be responsible for any pre-existing non- compliance uncovered or revealed in connection with any Leasehold Improvements. In the event that at any time during the Lease Term any violation of applicable Laws in effect as of the Commencement Date or any latent defect in the Building (other than the Tenant Improvements) is discovered or revealed, then TENANT mayLandlord shall, but at Landlord’s expense (which expense shall not be obligated to do so and without waiving any other rights included in Operating Expenses), promptly thereafter correct such violation of Laws or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORDlatent defect. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.4.3
Appears in 1 contract
Samples: Lease Agreement (Sumo Logic, Inc.)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to If the provisions of Section 6.04 regarding repairs during the initial construction warranty periodPremises shall be partially damaged by any casualty insured against under any insurance policy maintained by LANDLORD, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions upon receipt of the building (including foundationsinsurance proceeds, repair the Premises within 180 days of the date of damage. Until such repair is complete, the slabBasic Monthly Rent and Additional Rent shall be abated from the date of damage proportionately as to that portion of the Premises rendered untenantable, if any. Notwithstanding the foregoing, if (a) by reason of such occurrence the Premises are rendered wholly untenantable; or (b) the Premises are damaged as a result of a risk which is not covered by insurance; or (c) the Premises are damaged in whole or in part during the last six (6) months of the term hereof or of any renewal hereof; or (d) the Premises or the Building (whether the Premises are damaged or not) is damaged to the extent of fifty percent (50%) or more of then-monetary value thereof, LANDLORD may either elect to repair the damage or may cancel this Lease by notice of cancellation within sixty (60) days after such event and there upon this Lease shall expire, and compliance with earthquake code), replacement TENANT shall vacate and surrender the Premises to LANDLORD. TENANT's liability for rent upon the termination of this Lease shall cease as of the structural portions effective date of such termination. In the roof event LANDLORD elects to repair any such damage, any abatement of rent shall end five (5) days after notice by LANDLORD to TENANT that the Premises have been repaired and TENANT has accepted said repairs, which acceptance TENANT shall not unreasonably withhold. If the roof membrane)damage is caused by the negligence of TENANT or its employees, the structural portions agents, invites or concessionaires, there shall be no abatement of the roof top signagerent. Except for abatement of rent, if any, TENANT shall have no claim against LANDLORD for any damage suffered by reason of such damage, destruction, repair or restoration, nor shall TENANT have the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections right to terminate this Lease as a result of any statutory provision now or hereafter in effect pertaining to the building (water, sewer, electrical, phone, etc.) in good order, condition damage and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT destruction of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 daysPremises or the Building, except in the case as expressly herein provided. The proceeds of an emergency or dangerous condition, in which event no notice all insurance carried by TENANT on its property and fixtures shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended held in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed trust by TENANT in its retail operations prior to such assignmentfor the purpose of said repair and replacement. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on terminate this Lease if (a) the roof repairs to the Premises are not completed within 180 days of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, date of damage; or (b) by reason of such occurrence the roof Premises are rendered wholly untenantable; or (c) the Premises are damaged in whole or in part during the last six (6) months of the PREMISES which term hereof and the Premises or the Building (whether the Premises are damaged or not) is caused by damaged to the installation and maintenance extent of said antennae and/or satellite dishfifty percent (50%) or more of then-monetary value thereof.
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Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject Pursuant to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions terms of the building (including foundationsMaster Lease, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections Landlord is obligated to the building (water, sewer, electrical, phone, etc.) keep in good order, condition and repairrepair (i) the structural parts of a Building, which structural parts include only the foundation and subflooring of the Building and the structural condition of the roof (including the roof membrane), and the exterior walls of the Building (but excluding the interior surfaces of exterior walls and exterior and interior of all windows, doors, ceiling and plateglass which shall be maintained and repaired by Subtenant), (ii) the Building elevator, and (iii) the Project Common Areas, including all utilities and related utility lines and pipes outside of a Building ("Landlord's Maintenance Obligations"), and the costs incurred by Landlord to perform the foregoing obligations with respect to a Building to the extent they are deemed "Operating Costs" (as defined in Section 2C) shall be passed through to Subtenant as provided in Section 2, except that any damage to any of the foregoing caused by the negligence or willful acts or omissions of Subtenant or of Subtenant's agents, employees or invitees, or by reason of the failure of Subtenant to perform or comply with any terms of this Sublease, or caused by Subtenant or Subtenant's agents, employees or contractors during the performance of any work may be repaired by Sublandlord, solely at Subtenant's expense, or at Sublandlord's election, such repairs shall be made by Subtenant, at Subtenant's expense, with contractors approved by Landlord and Sublandlord. LANDLORD As between Sublandlord and Subtenant, Sublandlord shall make repairs under be responsible for performance of Landlord's Maintenance Obligations if Landlord fails to do so and shall be entitled to charge Subtenant the cost of such work to the same extent as Landlord pursuant to the Master Lease and otherwise on the terms and conditions of this Section 6.03 Sublease. At Sublandlord's election, except in case of roof repairs, which shall be commenced within a five (5) days after notice to Sublandlord, or emergency repairs, Sublandlord may first demand in writing that Landlord perform any work required to be done by Landlord with respect to Landlord's Maintenance Obligations, and use reasonable time after receipt of written notice from TENANT efforts to obtain Landlord's performance. Subtenant agrees to exercise reasonable efforts to give Landlord and Sublandlord prompt notification of the need for any repairs or maintenance; provided that such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but notification shall not be obligated affect Landlord's obligation to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion periodic inspections of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORDthe Project during the Lease Term. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to Subtenant waives the provisions of Sections 1941 and 1942 of the foregoing sentence shall contain California Civil Code and any similar or successor law regarding Subtenant's right to make repairs and deduct the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top expenses of such notice. Subject to satisfaction of repairs from the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations Rent due under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishSublease.
Appears in 1 contract
Samples: Letter Agreement (Proxim Inc /De/)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject SECTION 5.01. Prior to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions commencement of the building (including foundationslease term on July 1, 1997, Landlord shall be responsible financially and otherwise to complete the slab, and compliance with earthquake code), replacement conversion of the structural portions demised parking premises into a lawful facility of approximately 90,000 usable square feet for the roof parking and storage of vehicles including but not limited to clearing, grading, paving and fencing the demised parking premises and providing a drainage system into the city sewer system. Tenant shall be responsible financially and otherwise for the installation, including associated labor costs, in the demised parking premises of wiring and appliances for lighting and truck heating, a motorized gate and any security arrangement which Tenant desires and provided, further, same is done in accordance with any governmental requirements. Unless Tenant notifies Landlord in writing to the contrary (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system in reasonable detail) (if anyi) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated days of taking possession of the demised parking premises or (ii) within ten (10) days after notification by Landlord in writing to Tenant that such demised parking premises are ready for use by Tenant (whichever event in clause (i) or (ii) earlier occurs), the taking of possession or use by Tenant under this lease of the name ‘99¢ Only Stores’ or demised parking premises shall be conclusive of the acceptance and acknowledgment by Tenant that Landlord has fulfilled its obligation to provide the demised parking premises in a condition for such other name as may be employed use by TENANT in its retail operations prior to such assignmentTenant. Notwithstanding anything As to the contrary contained hereindemised parking premises, TENANT shall Landlord will coordinate its schedule of work with Tenant so that (i) Tenant can efficiently install the wiring and appliances for lighting and truck heating, the motorized gate and any security arrangements in conjunction with Landlord's work and (ii) Tenant at all times will have access to the right to install and maintain antennae and/or a satellite dish building through the demised parking premises for Tenant's construction in the demised building premises except for temporary nonaccess because of work on the roof demised parking premises or where access for such construction work by Tenant is available other than through that part of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which demised parking premises where work is caused by the installation and maintenance of said antennae and/or satellite dishbeing performed.
Appears in 1 contract
Landlord’s Obligations. Except as Landlord shall maintain, repair, replace and keep in good operating condition comparable to similar first class office properties in the Applicable Submarket, the Common Areas (including, without limitation, the lobbies, elevators, stairs, parking areas, grounds, landscaping, loading areas and corridors), the roofs, foundations, load-bearing elements, conduits and structural walls and other structural elements of the Building, the underground utility and sewer pipes of the Buildings (except to the extent required to be maintained or repaired by a governmental or quasi-governmental authority, in which case such authority shall have sole responsibility for such maintenance and/or repair provided Landlord is diligent in Article Seven causing such governmental or quasi-governmental authority to perform its maintenance and/or repair responsibilities), all Building Systems (Damage or Destruction) including base building restrooms but excluding any Specialty Systems and Article Eight (Condemnation) excluding Tenant’s data and Section 6.04(b) belowtelecommunications systems, all of which shall be Tenant’s sole responsibility), and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural all other portions of the building (including foundationsLand, Building and Premises which are not Tenant’s responsibility under Section 7.3, below, the slabcost of which shall be included within Operating Costs except to the extent set forth in Section 9.6 hereof. The foregoing notwithstanding, to the extent the need for any such repairs or replacements arises as the result of the negligence or willful misconduct of Tenant or Tenant’s Agents, and compliance with earthquake code), replacement the same is not covered under the policies of casualty insurance which are required to be carried by the structural portions parties pursuant to this Lease (in which case the proceeds of such insurance will be utilized to satisfy the roof (and the roof membranecost thereof), the structural portions entire cost of such repairs or replacements shall be reimbursable by Tenant to Landlord as Additional Rent under this Lease, and such reimbursement shall be due not later than thirty (30) days after Landlord’s written demand therefor. Notwithstanding the foregoing, any defects in construction of the roof top signage, if any, Building or Premises discovered by Tenant or Landlord within the pylon signage, if any, exterior walls, fire sprinkler system applicable warranty period (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except which in the case of an emergency or dangerous conditionlatent defects, in which event no notice shall be required), then TENANT may, but shall not be obligated limited to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to one year after the provisions applicable date Substantial Completion of the foregoing sentence item in question is achieved unless a manufacturer’s or contractor’s warranty for such items has a greater length than one year) shall contain the words ‘Notice of Intention be timely repaired at no expense to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishTenant.
Appears in 1 contract
Landlord’s Obligations. Except Landlord's maintenance obligations are limited to maintaining, repairing and replacement of the foundation and structural members of the exterior walls of the Building and replacement of the Building's roof support system and roof membrane. Landlord shall not be responsible (I) for any such work until Tenant delivers to Landlord written notice of the need therefor, or (2) for alterations to such items required by Law because of Tenant's use of the Premises (which alterations shall be performed by Tenant). Landlord's liability for any such item shall be limited to the cost of performing such word If there is a dispute as provided to whether the roofs support system or membrane is required to be replaced, then Landlord and Tenant shall mutually appoint an engineer with at least five years experience in Article Seven evaluation of commercial building roof systems, who will determine whether replacement of the roofs support system or membrane is required. The determination of such engineer shall be binding on Landlord and Tenant If Landlord and Tenant cannot agree on such an engineer, then either Landlord or Tenant may request the Dallas division of the American Arbitration Association (Damage the "AAA") to appoint an engineer with the requirements listed above to determine whether replacement of the roofs support system or Destruction) membrane is required. The appointment by the AAA and Article Eight (Condemnation) decision of such engineer shall be binding on Landlord and Section 6.04(b) belowTenant Landlord shall be in default under this Lease if Landlord fails to perform any of its obligations within 30 days after receiving from Tenant written notice specifying such failure; however, if such failure cannot reasonably be cured within such 30-day period, but Landlord begins to cure such failure within such 30-day period, Landlord thereafter diligently pursues the curing thereof to completion, and such failure is cured within 120 days after Tenant first delivered to Landlord written notice thereof, then Landlord shall not be in default hereunder. If Landlord fails to perform its obligations within the time periods specified in the previous sentence, then Tenant may perform such work and offset the costs thereof from the next due installment of Base Rent and other amounts due under this Lease. Tenant's right to perform work under this Section 5.(b) is subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.following conditions:
Appears in 1 contract
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) Paragraph 8.2 ---------------------- below, Landlord shall keep in good and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty periodsafe condition, LANDLORD shall, at its sole cost order and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slabrepair, and compliance with earthquake code), replacement of replace as and if necessary the structural portions of following items: (i) the roof (structure and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system and foundation of the Building, (if anyii) the Outside Areas including without limitation all parking, landscaping, driveway, and utility connections other improvements and facilities in the Outside Areas, and (iii) the Parking Garage. Landlord shall exercise reasonable diligence in performing such maintenance and repairs as it is required to the building (waterperform under this paragraph; provided that, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD Landlord shall have no obligation to make repairs under this Section 6.03 within Paragraph 8.1 until a reasonable time after Landlord's receipt of written notice from TENANT Tenant of the need for such repairs or Landlord otherwise actually receives notice of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunderIn connection with all of Landlord's activities under this paragraph, including without limitation Section 6.03 and Section 4.05, within Landlord shall make a reasonable amount effort to minimize any disruption of time after TENANT’s notice thereof (not exceeding 15 daysTenant's business, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but provided that Landlord shall not be obligated to do so incur overtime costs to employ workers who work after normal business hours and without waiving on weekends. Except as otherwise specifically provided in Paragraph 15.5 below (damage and destruction), there shall be no abatement of rent or other sums payable by Tenant prior to or during any other rights repairs by Tenant or remedies Landlord, and Tenant waives all claims for loss of business or lost profits relating to any such repairs. All costs incurred by Landlord under this paragraph shall be deemed Operating Expenses payable by Tenant pursuant to Paragraph 7; provided hereunder that, all costs incurred by Landlord to maintain, repair, and replace all or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions exterior walls of the foregoing sentence shall contain Building, the words ‘Notice of Intention to Exercise Self-Help Rights’ in foundation, the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction structural components of the provisions roof (but not including the roof membrane), and all other structural components of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT the Building shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified be borne by Landlord at its sole cost and expense and shall not be included in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s)Operating Expenses. TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to Tenant hereby waives the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity statute now or hereafter in effect which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have would otherwise afford Tenant the right to install make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good condition, order and maintain antennae and/or a satellite dish on the roof repair. Tenant specifically waives all rights it may have under Sections 1932(1), 1941, and 1942 of the PREMISESCalifornia Civil Code, subject to applicable and any similar or successor statute or law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.
Appears in 1 contract
Samples: Lease (Rambus Inc)
Landlord’s Obligations. Except as provided in Article Seven Subject to Tenant's obligations hereunder, and the provisions of Paragraphs 6 (Common Area Operating Expenses), 20 (Damage or Destruction) and Article Eight 21 (Condemnation) and Section 6.04(b) belowEminent Domain), and subject to the provisions reimbursement requirements of Section 6.04 regarding repairs during the initial construction warranty periodTenant under Paragraph 5(b), LANDLORD shallLandlord, at its sole cost shall keep in good order, condition and expense, keep repair the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, structural condition of interior bearing walls, fire sprinkler system and/or standpipe and hose (if anylocated in the Common Areas) or other automatic fire extinguishing system including fire alarm and/or smoke detection systems and equipment inside the Premises, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, sports courts and all recreational facilities included in the Common Areas, fences, signs and utility connections systems serving the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to Paragraph 6. Notwithstanding the foregoing, or anything in this Lease to the building contrary, Landlord shall not be responsible to repair or maintain any roof mounted equipment of Tenant or any repairs required due to the installation of such equipment by Tenant pursuant to this Lease, but instead, Tenant shall responsible to repair and maintain any such equipment or make any such repairs as part of Tenant's obligations hereunder Landlord shall not be obligated to, but may elect to, paint the exterior or interior surfaces of exterior walls nor shall Landlord be obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Tenant expressly waives the benefit of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense (waterincluding, sewerwithout limitation, electricalthe provisions of California Civil Code Sections 1941 and 1942 and any successor statutes or laws of a similar nature) or to terminate this Lease because of Landlord's failure to keep the Buildings, phone, etc.) Development or Common Areas in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.
Appears in 1 contract
Samples: Illumina Inc
Landlord’s Obligations. Except Subject to Tenant’s obligations under paragraph 6.1, Landlord shall, at Tenant’s expense, payable as Operating Expenses in accordance with paragraph 3.2, keep in good condition, order and repair the Common Area and all elements therein, any plate glass and skylights located on the exterior of the Building, the roof of the Building (membrane and structure) (except that Tenant shall repair at Tenant’s expense, and with Landlord’s approval as provided in Article Seven (Damage paragraph 5.3, any damage caused by Tenant’s activities on or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowto the roof, including, but not limited to, the installation of air conditioning equipment and/or duct work, or other roof penetrations, and subject improper flashing or caulking, and any damage to exposed air conditioning equipment and duct work installed by or for Tenant), and the provisions of Section 6.04 regarding repairs during the initial construction warranty periodstructural slabs, LANDLORD shall, at its sole cost columns and expense, keep the foundations, resurfacing or replacement of parking lot surface, other structural portions elements of the building Building (including foundationsincluding, without limitation, the slab, and compliance with earthquake code), replacement painting or cleaning of the structural portions exterior walls of the roof (and the roof membraneBuilding), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD Tenant shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT promptly notify Landlord of the need for such repairs. If LANDLORD fails Landlord to commence to meet make any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case repairs of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignmentit becomes aware. Notwithstanding anything to the contrary contained hereinin this Lease, TENANT (i) Landlord shall not be liable to Tenant for failure to make repairs as herein specifically required of it unless Tenant has previously notified Landlord, in writing, of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable time following receipt of Tenant’s written notification; and if capital expenditures in excess of $1,000,000 are required during the term of the Lease (or $200,000 during the last two (2) years of the term of the Lease), Landlord may terminate this Lease upon nine (9) months prior written notice to Tenant unless Tenant notifies Landlord in writing within ten (10) days after receipt of Landlord’s termination notice that Tenant will pay the cost of such expenditures. It is the intention of the parties that the terms of this Lease govern the respective obligations of the parties as to maintenance and repair of the Premises. Tenant and Landlord expressly waive the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to, or which affords Tenant the right to make repairs at the expense of Landlord or to terminate this Lease by reason of, any needed repairs. However, if Landlord fails to perform any of Landlord’s obligations under this paragraph 6.2 within a reasonable period after receipt of written notice of the need therefor from Tenant (or such shorter period as may be reasonably appropriate in an “emergency situation”, as hereinafter defined), and such failure results in either (i) a situation which materially and adversely affects the operation of Tenant’s business from the Premises or (ii) an emergency situation, then Tenant shall have the right right, but not the obligation, to install and maintain antennae and/or a satellite dish promptly take such measures as are necessary to cure such situation (using the Building-standard subcontractors for any work on the roof Building roof, provided the applicable subcontractor is available at commercially reasonable and competitive rates for comparably experienced subcontractors in the Palo Alto area given the work to be performed, and if such subcontractors are not so available, Tenant shall use for such work qualified, licensed contractors reasonably experienced in performance of comparable work in comparable buildings), and Landlord shall reimburse Tenant for the PREMISESreasonable costs of completing such cure. As used herein, subject an “emergency situation” shall mean a situation where Landlord’s failure to applicable law. TENANT shall promptly repair any damage to, the roof perform has resulted in an imminent risk of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishinjury to persons or material property damage.
Appears in 1 contract
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) for repairs and Article Eight (Condemnation) and replacements to the Premises that Tenant must make under Section 6.04(b) below9.1 above, and subject to the provisions of Section 6.04 regarding 18 below, Landlord shall pay for and make all other repairs during and/or replacements to the initial construction warranty periodPremises and the Building. Landlord shall commence such repairs and/or replacements within thirty (30) days of receiving, LANDLORD shallfrom Tenant, written notice of the need for the repairs and/or replacements. Such repairs and replacements shall include, without limitation, the upkeep of the roof, roof structures and supports, ceilings, HVAC, sprinkler system, photovoltaic system (if and when installed), all utility systems (with the exception of any elements of the telecom/data system located within the Premises), gutters, downspouts, foundation, exterior walls, and all structural components of the Premises and the Building. Such obligations shall also include the repair, and maintenance in reasonably good order, of all parking areas, sidewalks, landscaping and other common areas, and drainage systems, within the EIC Facility, and all utility systems which serve the EIC Facility as a whole. Further, for the avoidance of doubt, in no event shall Landlord be required to repair or maintain Tenant’s Work or Tenant’s Property. Notwithstanding the generality of the foregoing, except for the basic after- hours alarm system described below, Tenant understands that Landlord shall have no obligation to arrange for or otherwise provide physical or other alarm or security services for any portion of the EIC Facility, including without limitation firewalls or other cyber-security for IT systems serving any portion of the EIC Facility, and agrees that Tenant shall be responsible, at its sole cost and expense, keep to pay for any such additional alarm system or security that it desires, all of which additional alarm or security arrangements shall be subject to the foundations, resurfacing or replacement of parking lot surface, structural portions prior review and approval by Landlord. Without limiting the generality of the building (including foundationsforegoing, Landlord may elect to provide certain additional alarm or security measures for the EIC Facility, such as keycard entry systems, security cameras, advanced alarm systems and/or third-party after-hours security services; Tenant shall fully cooperate with the implementation and operation of the basic alarm system described below and any other such alarm or security measures and agrees that, notwithstanding any provision to the contrary in this Sublease, neither Landlord, nor its officers, employees or agents, shall bear any liability or other responsibility with respect to the scope or effectiveness of, or any act or omission of contractors retained to implement or operate, any such alarm or security measures. Landlord agrees to install and maintain at the EIC Facility a basic alarm system, the slabpurpose of which will be to detect unauthorized after-hours intrusions into interior spaces, which intrusions once detected send an alarm signal to a third party security contractor for further notification to Landlord and/or police. In the event of imminent threat to life or of substantial bodily injury or damage to property within the Premises, Tenant may give Landlord such notice as is practicable under the circumstances, and compliance with earthquake codeif Landlord fails to undertake to make such repairs immediately, Tenant may undertake such repairs and submit an invoice for the Prospect SV EIC Lease 20 May clean.doc reasonable costs thereof to Landlord for reimbursement. Except as provided in the immediately preceding sentence, and except as may otherwise be approved by City Manager from time to time in writing in advance (which approval may be given or withheld, or subject to such conditions, as City Manager may in its sole and absolute discretion determine appropriate),Tenant waives any right to make repairs at Landlord’s expense. Further, in no event shall any abatement of the Monthly Expense Payment result (except as provide in Section 18 below), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections nor shall any liability to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make Landlord accrue based upon any need arising for repairs or maintenance for which Landlord is responsible under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs9.2. If LANDLORD fails to commence to meet Notwithstanding any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant provision to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lendercontrary, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORDLandlord’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely not include making (a) any repair or improvement to the benefit extent necessitated by the negligence or willful misconduct of 99¢ Only Stores and only such of Tenant, its assignees as may be owned by itofficers, under employees, agents, contractors, Licensees or others entering or using the control of it, under the control of Premises through Tenant; or (b) any entity which also controls it, repair or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is improvement caused by the installation Tenant’s failure to perform its obligations under this Sublease or under any other agreement between Landlord and maintenance of said antennae and/or satellite dishTenant.
Appears in 1 contract
Samples: Property Use Agreement
Landlord’s Obligations. Except Landlord shall keep and maintain: (i) the common areas and public areas of the Building and the Property under Landlord’s control; (ii) elevators and elevator shafts serving the Premises; (iii) service and utility areas of the Building (including any loading docks and common utility closets), (iv) the roof and roof membrane of the Building; (v) exterior plate glass; (vi) public restrooms and restrooms used by Tenant in common with other tenants of the Building; (vii) footings, foundations, structural portions of load bearing walls, structural floors and subfloors, structural columns and beams and curtain walls and other structural elements; and (vii) those mechanical, plumbing, electrical and communications systems, equipment and risers serving the Premises except those systems, equipment and risers installed as provided part of the Initial Tenant Work or Alteration Work for Tenant’s exclusive use; (viii) those heating, ventilating and air conditioning systems or equipment serving the Premises except those systems and equipment installed as part of the Initial Tenant Work or Alteration Work for Tenant’s exclusive use; and (ix) those plumbing and other utility systems or equipment serving the Premises except those systems and equipment installed as part of the Initial Tenant Work or Alteration Work for Tenant’s exclusive use, in good and sanitary condition - 24 - and repair, in compliance with all Laws (the cost of which shall be included in Operating Expenses to the extent permitted by Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject 3 hereof). Subject to the provisions of Section 6.04 regarding repairs during 10(C) hereof, if any damage to the initial construction warranty periodPremises or to any equipment therein or appurtenance thereto or any part thereof results from any negligent act or omission or willful misconduct by Landlord or its contractors, LANDLORD shallsubcontractors, agents or employees or from the breach of Landlord’s obligations under this Lease, Landlord shall undertake at its sole cost and expenseexpense all repairs and replacements that are required to address such damage. No promises of Landlord to alter, keep remodel, improve, repair, decorate or clean the foundationsProperty or any part thereof have been made, resurfacing or replacement of parking lot surface, structural portions and no representation respecting the condition of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet Property or any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice part thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing made to Tenant by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, or on behalf of Landlord except to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights expressly set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLease.
Appears in 1 contract
Samples: Lease (Exicure, Inc.)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD Landlord shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair, all of the structural portions of the Premises which shall be limited to the roof, the exterior walls, the foundation and interior structural portions (e.g., support beams, etc.). LANDLORD The term "walls" as used in the preceding sentence shall not include windows, glass or plate glass, interior doors, special entries, exterior doors, or any other item mentioned in Section 9.1 as being an obligation of Tenant. Landlord represents and warrants that all structural portions of the Premises are free of defects and have been constructed in accordance with plans and specifications previously submitted to Tenant. In addition, Landlord represents and warrants that all non-structural portions of the Premises constructed by the Landlord prior to the entry of the Tenant on the Premises for the purpose of constructing the Tenant Improvements are in good working order. In the event that such structural portions are not free of defects, or such non- structural portions are not in good working order, of if Landlord fails to keep the structural portions of the premises free of defect, then Tenant may perform such obligations on Landlord's behalf, and the cost thereof shall be charged against the rent due under the Lease. Landlord shall have no obligation to make repairs under this Section 6.03 within 9.2 until a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD Landlord fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s repair and maintenance obligations under this LEASE. The self-help and offset rights set forth Section 9.2 or otherwise as required in this Section shall inure solely Lease, and such failure materially affects Tenant's ability to use and occupy the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under Premises for the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained purposes permitted herein, TENANT Tenant shall have the right right, but not the obligation, to install and maintain antennae perform such repairs and/or a satellite dish on maintenance if such failure continues for more than thirty (30) days after written notice from the roof Tenant; provided, however, that if the nature of the PREMISESrepairs and/or maintenance to be completed by Landlord is such that more than thirty (30) days are required to complete such repairs and/or maintenance, subject Landlord shall have such additional time as is reasonably necessary to applicable lawcomplete such repairs and/or maintenance so long as Landlord takes appropriate action to commence such repairs and/or maintenance within such thirty (30) day period and thereafter diligently pursues such repairs and/or maintenance to completion. TENANT In such event, Landlord shall promptly repair any damage toreimburse Tenant for the reasonable costs incurred by Tenant to complete such repairs and/or maintenance within thirty (30) days after receipt of Tenant's written demand therefor, the roof together with copies of the PREMISES which is caused paid invoices evidencing the costs incurred by the installation and Tenant. Any repairs and/or maintenance of said antennae and/or satellite dishpermitted herein shall be performed in a good workmanlike manner by licensed contractors.
Appears in 1 contract
Samples: Lease (Exodus Communications Inc)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject 5.01. Prior to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions commencement of the building (including foundationslease term on July 1, 1997, Landlord shall be responsible financially and otherwise to complete the slab, and compliance with earthquake code), replacement conversion of the structural portions demised parking premises into a lawful facility of approximately 90,000 usable square feet for the roof parking and storage of vehicles including but not limited to clearing, grading, paving and fencing the demised parking premises and providing a drainage system into the city sewer system. Tenant shall be responsible financially and otherwise for the installation, including associated labor costs, in the demised parking premises of wiring and appliances for lighting and truck heating, a motorized gate and any security arrangement which Tenant desires and provided, further, same is done in accordance with any governmental requirements. Unless Tenant notifies Landlord in writing to the contrary (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system in reasonable detail) (if anyi) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated days of taking possession of the demised parking premises or (ii) within ten (10) days after notification by Landlord in writing to Tenant that such demised parking premises are ready for use by Tenant (whichever event in clause (i) or (ii) earlier occurs), the taking of possession or use by Tenant under this lease of the name ‘99¢ Only Stores’ or demised parking premises shall be conclusive of the acceptance and acknowledgment by Tenant that Landlord has fulfilled its obligation to provide the demised parking premises in a condition for such other name as may be employed use by TENANT in its retail operations prior to such assignmentTenant. Notwithstanding anything As to the contrary contained hereindemised parking premises, TENANT shall Landlord will coordinate its schedule of work with Tenant so that (i) Tenant can efficiently install the wiring and appliances for lighting and truck heating, the motorized gate and any security arrangements in conjunction with Landlord's work and (ii) Tenant at all times will have access to the right to install and maintain antennae and/or a satellite dish building through the demised parking premises for Tenant's construction in the demised building premises except for temporary nonaccess because of work on the roof demised parking premises or where access for such construction work by Tenant is available other than through that part of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which demised parking premises where work is caused by the installation and maintenance of said antennae and/or satellite dishbeing performed.
Appears in 1 contract
Landlord’s Obligations. Landlord shall endeavor to keep the Common Areas in a clean and neat condition. Subject to Section 9.2 below, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the exterior walls, exterior doors and windows of the Building, and to public corridors and other public areas of the Project not constituting a portion of any tenant's premises and shall use commercially reasonable efforts to keep all Building Systems used by Tenant in common with other tenants in reasonable condition and repair, reasonable wear and tear excepted. Notwithstanding the foregoing, Tenant shall be solely responsible for the repair and maintenance of, and all damage to, the Building or the Project (or any component thereof) resulting from the design and operation of all improvements which are no! Building Standard Installations (described in the Work Letter) in or serving the Premises installed at the request of Tenant (regardless of whether installed by Landlord, its agents or contractors or third party contractors). Except as provided in Article Seven (Damage 12, there shall be no abatement of Rent, nor shall there be any liability of Landlord, by reason of any injury to, or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunderdamage suffered by Tenant, including without limitation Section 6.03 and Section 4.05limitation, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 daysany inconvenience to, except or interference with, Tenant's business or operations arising from the making of, or failure to make, any maintenance or repairs, alterations or improvements in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations the Building. Tenant waives the right to make repairs at Landlord's expense under Sections 1932(1), 1941 and deduct 1942 of the California Civil Code, and under all reasonable amounts expended other similar laws, statutes or ordinances now or hereafter in connection therewith from TENANT’s subsequenteffect. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, financial obligations Alterations or decorations to LANDLORD. All notices sent the Premises or the Project except as otherwise expressly agreed to LANDLORD prerequisite of TENANT’s exercise of its rights be performed by Landlord pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such noticethis Lease. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.[DBL:dbl/MaguirPeroperties- SDTC- YoNaturalsLcase/1064.002] -10-
Appears in 1 contract
Samples: Office Lease (Fresh Healthy Vending International, Inc.)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject 7.01 See Addendum Subject to the provisions of Section 6.04 regarding repairs Articles IX and XI hereof, Landlord shall during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, term of this lease keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good first-class order, condition and repair. LANDLORD repair the foundations, the interior and exterior surfaces of exterior walls of the Center (excluding the interior surfaces of exterior walls of premises, including the Premises, leased to tenants), all windows, doors, plate glass and showcases of the Center (excluding windows, doors, plate glass and showcases located in or comprising a part of premises, including the Premises, leased to tenants), downspouts, gutters and roofs of the buildings constituting the Center, except for any damage thereto caused by any negligent act or omission of Tenant or its agents, employees or invitees, and except for reasonable wear and tear; provided, however, that Landlord shall make repairs under this Section 6.03 within have no obligation to repair until a reasonable time after receipt by Landlord of written notice from TENANT of the need for repairs, which notice Tenant shall give Landlord promptly when Tenant determines any such repairsrepairs are required. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to Tenant waives the provisions of any law permitting Tenant to make repairs at Landlord's expense. Landlord's costs and expenses for the foregoing sentence shall contain maintenance and repair, excluding partial or complete restoration necessitated by casualty or condemnation and paid for with insurance proceeds or an eminent domain award, but including Landlord's cost of the words ‘Notice of Intention insurance provided pursuant to Exercise Self-Help Rights’ Section 8.03 hereof and any deductible or reserve to be paid by Landlord in the “Re” line or otherwise prominently noted at the top event of such notice. Subject a casualty, shall be included in common area expenses reimbursed by Tenant to satisfaction Landlord pursuant to Article XIV of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishlease.
Appears in 1 contract
Samples: St John Knits Inc
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject Pursuant to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions terms of the building (including foundationsMaster Lease, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections Landlord is obligated to the building (water, sewer, electrical, phone, etc.) keep in good order, condition and repairrepair (i) the structural parts of the Building, which structural parts include only the foundation and subflooring of the Building and the structural condition of the roof (including the roof membrane), and the exterior walls of the Building (but excluding the interior surfaces of exterior walls and exterior and interior of all windows, doors, ceiling and plateglass which shall be maintained and repaired by Subtenant), (ii) the Building elevator, and (iii) the Project Common Areas, including all utilities and related utility lines and pipes outside of the Building (“Landlord’s Maintenance Obligations”), and the costs incurred by Landlord to perform the foregoing obligations with respect to the Building to the extent they are deemed “Operating Costs” (as defined in Section 2C) shall be passed through to Subtenant, except that any damage to any of the foregoing caused by the negligence or willful acts or omissions of Subtenant or of Subtenant’s agents, employees or invitees, or by reason of the failure of Subtenant to perform or comply with any terms of this Sublease, or caused by Subtenant or Subtenant’s agents, employees or contractors during the performance of any work may be repaired by Sublandlord, solely at Subtenant’s expense, or at Sublandlord’s election, such repairs shall be made by Subtenant, at Subtenant’s expense, with contractors approved by Landlord and Sublandlord. LANDLORD As between Sublandlord and Subtenant, Sublandlord shall make repairs under be responsible for performance of Landlord’s Maintenance Obligations if Landlord fails to do so and shall be entitled to charge Subtenant the cost of such work on the terms and conditions of this Section 6.03 Sublease. At Sublandlord’s election, except in case of roof repairs, which shall be commenced within a five (5) days after notice to Sublandlord, or emergency repairs, Sublandlord may first demand in writing that Landlord perform any work required to be done by Landlord with respect to Landlord’s Maintenance Obligations, and use reasonable time after receipt of written notice from TENANT efforts to obtain Landlord performance. Subtenant agrees to exercise reasonable efforts to give Landlord and Sublandlord prompt notification of the need for any repairs or maintenance; provided that such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but notification shall not be obligated affect Landlord’s obligation to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion periodic inspections of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORDthe Project during the Lease Term. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to Subtenant waives the provisions of Sections 1941 and 1942 of the foregoing sentence shall contain California Civil Code and any similar or successor law regarding Subtenant’s right to make repairs and deduct the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top expenses of such notice. Subject to satisfaction of repairs from the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations Rent due under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishSublease.
Appears in 1 contract
Samples: Sublease (ShoreTel Inc)
Landlord’s Obligations. Except 7.01 The Leased Premises shall be constructed by Landlord: (i) in accordance with the Approved Plan and Specifications and anything reasonably inferable therefrom; (ii) in compliance with all federal, state, county, municipal or local government laws, ordinances, regulations, rules and orders (including, without limitation, the Occupational Safety and Health Act of 1970, as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowamended), and subject after obtaining all necessary approvals and permits; (iii) diligently, continuously and in a xxxxxxx-like manner; and (iv) with new and first-class materials. The obligations of Landlord in the preceding sentence shall be referred to as "Landlord's Work". All costs of Landlord's Work shall be borne by Landlord. Changes in the provisions of Section 6.04 regarding repairs during Approved Plans and Specifications shall be made only pursuant to written change order (hereafter a "Change Order") signed by both Tenant and Landlord and shall be in compliance with the initial Protective Covenants. Such Change Order shall specify the increase or decrease in construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions costs as a result of the building change (including foundationswhich shall be based on the actual costs and expenses attributable thereto with no xxxx-up or profit by Landlord or general contractor whatsoever, the slabexcept for a 10% xxxx-up for overhead and profit to be charged by Landlord), and compliance with earthquake code), replacement of any reasonably expected increase or decrease in the structural portions of the roof (and the roof membrane), the structural portions of the roof top signagetime, if any, required to substantially complete construction as a result of such change. In the pylon signageevent of a net increase in the cost of construction resulting from such Change Orders requested by Tenant, if any, exterior walls, fire sprinkler system (if any) and utility connections to Landlord shall invoice Tenant for the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT net increase upon Substantial Completion of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous conditionLeased Premises, in which event no notice Tenant shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to pay Landlord the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than amount thereof within ten (10) stores operated under business days after delivery of such invoice. In the name ‘99¢ Only Stores’ event of a net increase in the amount of time required for substantial completion resulting from such Change Orders requested by Tenant, such Change Orders shall constitute an amendment to this Lease extending the dates specified in Article 4 hereof by that number of days of net additional time so specified in such Change Orders; provided, however, that in such event the Commencement Date, for purposes of Tenant's obligation to commence the payment of rent and for purposes of fixing the lease term, shall be the date on which Substantial Completion would have occurred but for the extension of time caused by such Change Order. Landlord shall indemnify and hold Tenant harmless from or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof connection with any occurrence during construction of the PREMISESLeased Premises, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is unless such claims or demands are caused by the installation and maintenance any act or negligence of said antennae and/or satellite dishTenant or its agents, contractors, employees or invitees.
Appears in 1 contract
Samples: Lease Agreement (Innotrac Corp)
Landlord’s Obligations. Landlord shall keep the Project (excluding the interior of the Premises and space leased to other occupants of the Project) in good condition and repair. If plumbing pipes, electrical wiring, HVAC ducts or vents within the Premises are in need of repair, Tenant shall immediately notify Landlord, and Landlord shall cause the repairs to be completed within a reasonable time, and Tenant shall immediately pay the entire cost of the repairs to Landlord. Except as provided in Article Seven (Damage Section 9.3, there shall be no abatement of rent or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowliability to Tenant on account of any injury or interference with Tenant’s business with respect to any improvements, and subject alterations or repairs made by Landlord to the provisions Project or any part thereof. Tenant expressly waives the benefits of Section 6.04 regarding any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) Project in good order, condition and repair. LANDLORD shall make repairs under repair but only to the extent the provisions of any such statute conflict with the terms and provisions of this Lease; provided, however, nothing in this Section 6.03 7 shall be deemed to be a waiver of Tenant’s right to a claim of constructive eviction. Landlord shall use best efforts to respond promptly (given the nature of the necessary repair) following Tenant’s written notice. In the event Landlord fails to undertake and diligently pursue any repair to the Premises required by this Section 7.1 within a reasonable period of time after receipt given the nature of the repair, Tenant shall have the right, following thirty (30) days prior written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 Landlord and Section 4.05, within a reasonable amount of time after TENANT’s opportunity for Landlord to respond, or without notice thereof (not exceeding 15 days, except in the case event of an emergency or dangerous condition, (which such emergency situations shall include a situation which has an immediate and material impact on Tenant’s ability to work in which event no notice shall be requiredthe Premises), then TENANT may, but to make any such repairs in accordance with Section 7.3 of the Lease. Landlord shall not be obligated to do so and without waiving reimburse Tenant for the reasonable cost of making any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights such repair pursuant to the provisions of the foregoing immediately preceding sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANTwithin thirty (30) days following Landlord’s receipt of recorded nonan invoice therefore. Tenant shall have no right to set-disturbance agreements from each lender, TENANT off any sums incurred by Tenant pursuant to this Section 7.1 nor shall send copies Tenant be entitled to any abatement of any notice referring to TENANT’s self-help rights to such lender(s) rent except as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth specifically provided otherwise in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLease.
Appears in 1 contract
Landlord’s Obligations. Except Landlord shall undertake to complete the requirements referenced in Exhibit "C", as provided amended and agreed to by Landlord and Tenant in Article Seven good faith from time to time (Damage or Destruction) hereinafter "the Improvements"), it being acknowledged by Landlord and Article Eight (Condemnation) and Section 6.04(b) below, and subject Tenant that the initial Exhibit C is only a partial list of improvements to be made to the provisions of Section 6.04 regarding repairs during Premises and that further improvements will be identified in the initial future. Landlord shall require its contractors to construct the Improvements in accordance with all federal, state and local governmental requirements and that the Improvements shall be constructed in a good and workmanlike manner. Landlord, via its contractors and engineers, shall be responsible for obtaining all necessary permits to complete construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the Improvements, including but not limited to building permits and sewer tap-in fees. In the event Landlord is for any reason unable to obtain all necessary zoning and building permits (including foundationscollectively the "Governmental Permits") for the Improvements, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (this Lease shall terminate and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice parties shall be required)released from liability to one another. Landlord agrees to complete the Improvements to permit the operation of Tenant's business. Landlord shall contract with a qualified construction company, then TENANT maypre-approved by Tenant, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations erect the Improvements. Unless otherwise agreed to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to timeTenant, at such addresses as LANDLORD specifies Landlord agrees that only like new, quality materials and equipment shall be used in such notice(s). TENANT will accept a cure by any such lender as a cure, regards to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof construction of the PREMISESImprovements. Tenant is hereby provided the right, subject to applicable law. TENANT shall promptly repair any damage toreasonable security and safety regulations, and upon reasonable notice, to have its respective agents, or representatives inspect the roof Premises and the construction of the PREMISES which is caused Improvements thereon at any time after the execution of this Agreement. Landlord shall notify Tenant when Tenant and Tenant's contractors may have joint access to the Leased Premises with Landlord for the purpose of accomplishing such work not being done by Landlord's contractor, including the installation of such Tenant improvements as Tenant so desires including but not limited to carpet, furniture and maintenance other Interior Finishes required by Tenant and not deemed to be a part of said antennae and/or satellite dishLandlord's work. Tenant's taking possession of the Premises shall constitute Tenant's acceptance of the Premises and of the performance of and conditions of the Improvements, and shall be conclusive evidence that the Premises were in good order and satisfactory condition when Tenant took possession.
Appears in 1 contract
Samples: Lease (Innovative Medtech, Inc.)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below8.6, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shallLandlord, at its Landlord’s sole cost and expense, will keep and maintain the foundations, resurfacing or replacement of parking lot surface, structural following portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) Premises in good order, condition and repair, reasonable wear and tear excepted, the following portions of the Building: the structural integrity of the footings, foundation, exterior walls, roof, load bearing walls, columns, masonry walls and other structural elements of the Building. LANDLORD shall make repairs Tenant will cooperate with Landlord to facilitate the performance of Landlord’s obligations under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder7.1, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency any entry by Landlord into all or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORDthe Premises, upon reasonable prior notice to Tenant in accordance with Section 9.1. Landlord’s repair and maintenance obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant under this Section 7.1 are subject to the provisions of Articles 11 and 12 of this Lease regarding any Casualty or Taking. All repairs and replacements performed by Landlord pursuant to this Section 7.1 must be in accordance with all Laws applicable to the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top performance of such noticerepairs and replacements and shall be good quality and workmanship. Subject to satisfaction of In connection with the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent performance of such curerepairs and maintenance hereunder, of LANDLORDLandlord shall use commercially reasonable efforts to minimize the disruption and interference to Tenant’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only StoresTenant’s Parties’ or such other name as may be employed by TENANT in its retail operations prior to such assignmentbusiness. Notwithstanding anything to the contrary contained set forth herein, TENANT (a) Landlord shall have no obligation pursuant to this Section 7.1 to make any repair to the right Building or maintain any portion of the Building in connection with the construction of the Initial Improvements (including, without limitation, any seismic or structural upgrades or ADA improvements or renovations), (b) Tenant shall make all repairs to install the Building that are required by applicable Laws and governmental authorities to be performed by Tenant in connection with the construction of the Initial Improvements (including, without limitation, any seismic or structural upgrades or ADA improvements or renovations), (c) Landlord shall have no obligation to perform any maintenance or repair obligations until after the Initial Improvements are completed and Tenant is conducting business from the Premises for the Permitted Use (the “Opening Date”) and (d) Tenant shall maintain antennae and/or a satellite dish and repair the Premises during the period commencing on the roof of Commencement Date and ending on the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishOpening Date.
Appears in 1 contract
Samples: Lease Agreement (UserTesting, Inc.)
Landlord’s Obligations. Except Subject to reimbursement to the extent allowed pursuant to Section 4.2, and except as expressly provided in Article Seven this Section 7.1 and in Section 7.2, Landlord shall repair and replace the Building's structural elements (Damage including, without limitation, the structural portion of the roof, the foundation and the structural members of exterior walls) (the "BUILDING'S STRUCTURE"); Landlord shall not be responsible (1) for any such work until Tenant notifies Landlord of the need therefor in writing, or Destruction(2) for alterations to the Building's Structure required by applicable Law because of Tenant's use of the Premises (which alterations shall be Tenant's responsibility). The Building's Structure does not include skylights, windows, glass or plate glass, doors, special fronts, or office entries, all of which shall be maintained by Tenant. Tenant shall be entitled to any manufacturer warranties applicable to the Work constructed pursuant to Exhibit D for the Term of this Lease. Subject to Section 25.22, Tenant may erect one (1) exterior sign on the Building and Article Eight one (Condemnation1) monument sign, each in a location designated by Landlord, at Tenant's sole cost, provided such exterior sign complies with all applicable Laws. Landlord's liability for any defects, repairs, replacement or maintenance for which Landlord is specifically responsible for under this Lease shall be limited to the cost of performing the work. Landlord shall deliver the Premises to Tenant with all Building systems, including roof, plumbing, HVAC, sprinklers, electrical (panels and Section 6.04(b) belowoutlets), doors (personnel and shipping), lighting, ceiling tiles, and subject to window coverings, in good working order and condition. Landlord hereby warrants that all such Building systems and the provisions Premises shall be in good working order and condition for the first sixty (60) days of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD Term and shall, upon receipt of written notice from Tenant outlining a problem with the condition of such Building systems or the Premises (which problem is not caused by Tenant's use or occupancy of the Premises), promptly remedy same at its sole cost and expense, keep . The cost of any such repairs made during the foundations, resurfacing or replacement of parking lot surface, structural portions of the building above sixty (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any60) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but day period shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended included in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishOperating Costs.
Appears in 1 contract
Samples: Lease Agreement (Beyond Com Corp)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction1) Subject to Section 13(D) (which is further subject to Section 13(E)), Landlord shall, from and after the Commencement Date, with respect to the Demised Premises and the Building: (i) maintain and make all repairs to and replacements of the structural elements (interior and exterior) of the Building (the “Structural Elements”) and Article Eight the Building’s exterior including, but not limited to, the roof; (Condemnationii) maintain and make all repairs to and replacements of the Building systems including, without limitation, the elevators, plumbing, electrical, fire, life safety, and base building HVAC systems (including, without limitation, replacing all HVAC filters at least quarterly, or more often if required to maintain the design static pressure on any floor) (collectively, the “Building Systems”); (iii) replace broken window glass and remove graffiti from the exterior of the Building and/or Demised Premises; (iv) maintain and make all repairs to and replacements of any of the sidewalks, curbs and passageways adjoining and/or appurtenant to the Demised Premises in good, clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstruction; 56 (v) make all repairs and replacements (both interior and exterior) to the extent needed because of the negligence or willful misconduct of any Landlord Party (as defined in Section 39(K)(6)); and (vi) make repairs and replacements of defective materials or workmanship in the Work or the construction of the Building or in the Building equipment. (2) The costs of all repairs and replacements under Section 13(A)(1) shall be reimbursed by Xxxxxx as Operating Expenses pursuant to Section 4(B); provided, however, that: (i) repairs and replacements of defective materials or workmanship in the Work or the construction of the Building or in the Building equipment shall be at Landlord’s sole cost and expense (i.e., not to be included in Operating Expenses); (ii) all repairs and replacements necessitated by the negligence or willful acts or omissions of any Landlord Party, or Landlord’s breach of any of the terms, covenants or conditions of this Lease, shall be at Landlord’s sole cost and expense (i.e., not to be included in Operating Expenses); (iii) all repairs and replacements necessitated by the negligence or intentional or tortious acts or omissions of any acts any Tenant Party (as hereinafter defined), or Tenant’s breach of any of the terms, covenants or conditions of this Lease, shall be at Tenant’s sole cost and expense (i.e. not to be included in Operating Expenses); and (iv) replacements (as distinct from repairs thereto) of the Structural Elements and the Building Systems shall be made at Landlord’s sole cost and expense (i.e. not to be included in Operating Expenses); unless such replacements are necessitated by (1) negligence or intentional or tortious acts or omissions of any Tenant Party; or (2) Tenant’s breach of any of the terms, covenants or conditions of this Lease. The costs of any such replacements necessitated by any of the causes described in such clauses (1) and Section 6.04(b(2) below, and subject shall be reimbursed by Xxxxxx as Operating Expenses to the provisions of extent permitted thereunder (including, where applicable, as reimbursable capital improvements) pursuant to Section 6.04 regarding repairs during the initial construction warranty period4(B). B. Supplemental HVAC and Tenant Elevator Maintenance, LANDLORD Repair and Replacement. (1) In addition to its obligations set forth in Section 13(A)(1), Landlord shall, at its Tenant's sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building expense (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but costs shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by lawincluded in Operating Expenses), perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequentmaintain, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to repair and/or replace the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise SelfSupplemental Water-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 Cooled HVAC Units and, only with respect to TENANTTenant’s receipt extended hour program on the 12th Floor, the Air Cooled VRF Heat pumps to the standards of recorded non-disturbance agreements from Comparable Buildings and in accordance with the manufacturer’s posted OEM specifications for each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(sunit (the “Supplemental HVAC Work”). TENANT will accept a cure by any such lender as a cure, to the extent In furtherance of such cureobligation, of LANDLORDLandlord shall obtain three (3) bids from reputable HVAC maintenance contractors to perform the Supplemental HVAC Work and provide the three (3) bids to Tenant. Tenant shall select the bid that it reasonably determines is the lowest responsive bid and Landlord shall enter into a contract with such maintenance contractor to perform the Supplemental HVAC Work in 57 accordance with that contractor’s obligations under this LEASEbid, which contract will be in full force and effect upon the Commencement Date and shall remain in effect (or replaced with a successor contract) throughout the Term. The self-help and offset rights set forth contractor(s) shall adhere to industry wide standards in this Section performing the Supplemental HVAC Work. The Supplemental HVAC Work agreement shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than further provide that within ten (10) stores operated Business Days after inspecting the applicable systems and equipment, the contractor(s) shall prepare a written report. Such report shall (a) summarize the findings of the contractor and recommendations for maintenance, repair or replacement services, and (b) state whether such maintenance, repair, or replacement services have been rendered. The contractor shall submit a copy of the report to Tenant within fifteen (15) Business Days after it is completed. Upon the expiration of the first contract for the Supplemental HVAC Work as set forth above (and each subsequent contract throughout the Term of this Lease), Landlord and Tenant shall repeat the steps listed above for Landlord to enter into a new Supplemental HVAC Work contract. (2) In furtherance of Landlord’s obligations set forth in Section 13(A)(1)(ii) with regard to the two (2) elevators serving the ground through second floors of the Demised Premises in the Client Lobby (the “Tenant Elevators”), Landlord shall, prior to the commencement of the Term, arrange to have the Tenant Elevators added to the Building elevator maintenance contract and have the reasonable costs pertaining to the Tenant Elevator (the “Tenant Elevator Costs”) broken out from the other costs under the name ‘99¢ Only Stores’ elevator maintenance contract. Tenant shall directly reimburse Landlord for the Tenant Elevator Costs as Additional Rent (and not as an Operating Expense). For the avoidance of doubt, the Tenant Elevators are not part of the Demised Premises. (3) Landlord agrees to cause the contractor performing the Supplemental HVAC Work and the contractor providing the maintenance and repair of the Tenant Elevator to maintain commercial general liability insurance covering The City of New York, including its officials and employees, as an additional insured with coverage at least as broad as the most recent ISO Forms CG 20 26 and CG 20 37 and with per occurrence and aggregate limits in the amounts required by the Landlord. Landlord shall furnish Tenant with a certificate of insurance and the required additional insured endorsements. The maintenance and repair agreement shall include the following provision: “The contractor waives all rights against The City of New York, including its officials and employees, for any damages or losses that are covered by the commercial general liability insurance.” (4) Tenant shall reimburse Landlord directly as Additional Rent for (i) the reasonable costs of maintaining, repairing and replacement of the Supplemental Water-Cooled HVAC Units (including, without limitation, the Supplemental HVAC Work) and (ii) the Tenant Elevator Costs. Payments shall be due within thirty (30) days following Xxxxxx’s receipt of Landlord’s reasonably detailed invoices for such other name as may be employed by TENANT in its retail operations services. Notwithstanding the foregoing, prior to such assignment. Notwithstanding anything to the contrary contained hereinreplacing any Supplemental Water-Cooled HVAC Units, TENANT Landlord shall have the right to install and maintain antennae and/or provide Tenant with a satellite dish on the roof of the PREMISES, proposal which shall be subject to applicable lawTenant’s written approval, which approval shall not be unreasonably withheld or delayed. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.C.
Appears in 1 contract
Samples: Lease (Pacific Oak Strategic Opportunity REIT, Inc.)
Landlord’s Obligations. Except as provided in Article Seven Landlord agrees to repair and maintain (Damage or Destructioni) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its Landlord's sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane)cost, the structural portions of the Building which shall include all structural walls, foundations, concrete subflooring, roof top signage, if anyreplacement and major repair, the pylon signageplumbing and electrical wiring in or below structural walls and subflooring (except as may have been installed by Tenant), if anyand replacement of substantial portions of the asphalt within the parking/drive areas (except to the extent such replacement is required as a result of Tenant's abuse of such areas), and (ii) as Operating Expenses, the exterior of the Building, landscaping, cleaning, resealing and restriping parking/drive areas, repair of roof leaks, the sprinkler and fire life safety systems, exterior wallspainting, fire sprinkler system (if any) exterior window washing, and utility connections exterior lighting and fixtures; unless such maintenance and repairs are caused in part or in whole by the negligence or willful misconduct of Tenant, its agents, servants, employees or invitees, in which case Tenant will pay to Landlord, as additional rent, the building (water, sewer, electrical, phone, etc.) reasonable cost of such maintenance and repairs. All repairs and maintenance will be performed in an expeditious and good order, condition and repairworkmanlike manner. LANDLORD Landlord will not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall make repairs under this Section 6.03 within a reasonable persist for an unreasonable time after receipt of written notice from TENANT of the need of such repairs or maintenance is given to Landlord by Tenant. In the event Tenant is unable to conduct business from the Premises during customary business hours as a result of damage to the Premises for such repairs. If LANDLORD fails which Landlord has the responsibility to commence repair pursuant to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be requiredthis Paragraph 14(a), then TENANT may, but shall not be obligated Landlord hereby agrees to do so use its commercially reasonable efforts to promptly and without waiving diligently perform such repairs after receiving written notice of the need of such repairs from Tenant. Tenant waives the right to make repairs at Landlord's expense under any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequentstatute, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line ordinance, rule, regulation, order or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lenderruling (including, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a curewithout limitation, to the extent the Premises are located in California, the provisions of such cure, California Civil Code Sections 1941 and 1942 and any successor statutes or laws of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignmenta similar nature). Notwithstanding anything to the contrary contained hereinin this Paragraph 14(a), TENANT shall have if the right performing of repairs, alterations or improvements in or to install and maintain antennae and/or a satellite dish any portion of the Premises by Landlord unreasonably interferes with Tenant's ability to conduct business on the roof Premises or any substantial portion thereof during customary business hours, such that by reason of such repairs, alterations or improvements, Tenant does not conduct business in the Premises or any substantial portion thereof for more than one (1) business day following written notice to Landlord, then Tenant's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the extent to which Tenant's use of the PREMISES, subject to applicable lawPremises is impeded. TENANT This provision shall promptly repair any not apply in case of damage to, or destruction of, the roof Premises, which situation shall be governed by a separate provision of this Lease. Notwithstanding the PREMISES which is caused by foregoing, Tenant may not xxxxx rent if Landlord disputes Tenant's right to xxxxx or the installation amount thereof until and maintenance only to the extent the arbitrator provides that Tenant may do so in accordance with and pursuant to the terms of said antennae and/or satellite dishParagraph 45 hereof.
Appears in 1 contract
Landlord’s Obligations. Except as provided in Subject to the provisions of Article Seven VII (Damage or Destruction) and Article Eight VIII (Condemnation) and Section 6.04(b) below), and subject to the provisions except for damage caused by any act or omission of Section 6.04 regarding repairs during the initial construction warranty periodTenant, LANDLORD shallor Tenant's employees, at its sole cost and expenseagents, contractors or invitees, Landlord shall keep the foundationsfoundation, resurfacing or replacement of parking lot surface, roof and structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement exterior walls of the structural portions of improvements on the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) Property in good order, condition and repair. LANDLORD Landlord shall make repairs under this Section 6.03 be responsible for keeping the Structural Items and the Systems in the Building and the Project, but not within a reasonable time after receipt of the Property (the "Exterior Systems") in good condition and repair. To the extent the Structural Items or Exterior Systems require repairs, Tenant shall give written notice from TENANT thereof to Landlord, and Landlord shall complete all such repairs within thirty (30) days of the need for date of the notice. However, if such repairs reasonably require more than thirty (30) days to complete, Landlord shall not be in default if such cure is commenced within such thirty (30) day period and thereafter diligently pursued to completion. Notwithstanding the foregoing, if the item to be repaired materially impairs Tenant's ability to operate its business, Landlord shall have five (5) days to complete such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof failing which Tenant may (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to), upon no less than twenty-four hours written notice to do so and without waiving Landlord, complete such repairs. For purposes of this Paragraph, an item shall be deemed to materially impair Tenant's ability to operate its business if it relates to an interruption or breakdown in any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence Exterior Systems or Structural Items. Throughout the term of the Lease, as such may be extended, Landlord shall contain provide Tenant with access to electricity and water as such access currently exists on the words ‘Notice of Intention Property. If Landlord will approve any interruptions in these services: (i) Landlord must deliver no less than twenty-four (24) hours' written notice to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top Tenant of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded noninterruption and (ii) such interruption cannot last for more than twenty-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to four hours (unless such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(sinterruption is beyond Landlord's control). TENANT will accept If any interruption extends beyond a cure by any such lender as a curetxxxxx-xxur hour period, Tenant shall have the right (but not the obligation), upon no less than twenty-four hours written notice to Landlord, to cure the extent cause of such cure, of LANDLORD’s obligations under this LEASEinterruption. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than Within ten (10) stores operated under days of the name ‘99¢ Only Stores’ or date of this Lease, Landlord shall provide Tenant with true and correct copies of all warranties in its possession relating to the Property, the Structural Items and the Systems (including Exterior Systems and Interior Systems (as defined below)). To the extent any item on the Property, including, without limitation, Structural Items, Exterior Systems and Interior Systems are covered by a warranty (the "Warrantied Items"), Landlord covenants that if and when repairs are needed to such other name Warrantied Items (as such need may be employed conveyed by TENANT Tenant to Landlord in writing), Landlord shall immediately pursue all of its retail operations prior to rights under such assignment. Notwithstanding anything to the contrary contained hereinwarranties with diligence, TENANT and Tenant shall have no responsibility with respect to Warrantied Items, for the right to install and maintain antennae and/or a satellite dish on the roof term of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and such warranties so long as Tenant complies with all maintenance requirements of said antennae and/or satellite dishwarranties.
Appears in 1 contract
Samples: Genetic Vectors Inc
Landlord’s Obligations. Landlord shall at Landlord’s expense repair and maintain all Common Facilities, the heating, ventilation and air conditioning system serving the Premises, the common elements of the electrical, lighting and plumbing systems of the Premises and the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of excess Operating Costs as provided in Article 6. Notwithstanding the foregoing, Landlord shall repair and maintain the roof structures, foundation and major structural elements of the Project, as well as any defects in the Tenant Improvements, without reimbursement from Tenant., and the roof, the foundations and structural portions provided, however, that Tenant shall pay the (a) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s officers, agents, customers or invitees (except for normal wear and tear arising from Tenant’s occupancy and use of the Premises) plus five percent (5%) of the cost thereof to reimburse Landlord for overhead). Tenant shall pay the cost of such required repairs, as Additional Rent, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the Project. Except as provided in Article Seven 16 (Damage or and Destruction) and Article Eight 17 (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane)Landlord shall have absolutely no other responsibility to repair, the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency maintain or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform replace any portion of LANDLORDthe Premises at any time. Tenant waives the right to make repairs at Landlord’s obligations and deduct all reasonable amounts expended expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in connection therewith from TENANT’s subsequent, financial obligations to LANDLORDeffect. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORDLandlord’s obligations under this LEASE. The self-help and offset rights set forth Section are not intended to alter or modify in this Section shall inure solely to any way the benefit provisions of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishArticle 12.
Appears in 1 contract
Samples: Office Lease (Evoke Pharma Inc)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, Landlord shall keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repairrepair the Building Structure and the Building Systems, and any walkways, stairs, and paved areas, if any, serving the Building. LANDLORD Landlord shall make repairs comply with laws, rules, regulations and ordinances affecting the Building, unless the subject matter of the compliance relates to Tenant or Tenant’s particular use of the Premises (other than general office use). Landlord shall keep the sidewalks, landscaped areas, common corridors, stairways, elevator(s), if any, and all other means of ingress and egress for the Premises and all public portions of the Building in serviceable repair and in a reasonably clean and safe condition, and reasonably clear of snow and ice. Landlord reserves the right to interrupt, curtail, stop, and suspend the furnishing of any services and operation of the plumbing and electrical, heating, ventilating, and air conditioning systems, and elevator(s), if any, when necessary, by reason of accident or emergency or for repairs, alterations, replacements, or improvements, which may become necessary or Landlord is not able to secure supplies or labor or by reason of any other cause beyond Landlord’s control, without liability or any abatement of Base Rent or Additional Rent claimed by Tenant. Landlord shall use reasonable efforts to minimize interruption of Tenant’s business, but Landlord shall not be required to perform work in such a manner so as to incur overtime or other such after-hours charges. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities pursuant to Section 6.03 10, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within a Landlord’s reasonable time control, (C) such Service Interruption was not caused by Tenant or Tenant’s Agents, (D) such Service Interruption continues for more than four (4) consecutive Business Days after Landlord’s receipt of written notice from TENANT Tenant of such Service Interruption, and (E) as a result of such Service Interruption, the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount conduct of time after TENANTTenant’s notice thereof (not exceeding 15 days, except normal business operations in the case of an emergency or dangerous conditionPremises is materially and adversely affected, in which event no notice then there shall be required)an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such four (4) consecutive Business Day period; provided, then TENANT mayhowever, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform that if any portion of LANDLORDthe Premises is reasonably usable for Tenant’s obligations and deduct normal business operations or if Tenant conducts all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise or any part of its rights pursuant business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the provisions nature and extent of the foregoing sentence shall contain interruption of Tenant’s normal business operations or ability to use the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such noticePremises. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained As used herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.“
Appears in 1 contract
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destructiona) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shallLandlord will, at its sole cost and expense, keep keep, maintain, repair and replace in first-class and professional manner and repair consistent with the foundationsstandards of first-class office/commercial project comparable to the Project located in the vicinity of the Project, resurfacing and (subject to Tenant's obligation to perform necessary repairs, alterations or replacement improvements to the Premises to comply with applicable Laws where such compliance is required as a result of parking lot surfaceTenant's particular use of the Premises) perform any repairs, improvements or alterations required by applicable Laws to, the roof structure, foundation, structural portions walls and other structural elements of the building Building and utility lines, meters, pipes, conduits, fixtures and other equipment and systems (including foundations, except if exposed within the slab, and compliance with earthquake codeBuilding), replacement plus all Common Areas of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignmentProject. Notwithstanding anything to the contrary contained hereinin this Lease, TENANT Tenant shall have the right (but not the obligation) upon written notice to install Landlord, to assume responsibility for any work of maintenance, repair or replacement otherwise to be performed by Landlord pursuant to this Lease, and maintain antennae and/or a satellite dish on (i) if the roof cost of such work would, if performed by Landlord, be included in Operating Expenses pursuant to Paragraph 4.2 above, then Tenant shall perform such work at Tenant's sole cost (in which case Operating Expenses shall not include costs of performance of such work), and (ii) if the cost of such work would, if performed by Landlord, not be included in Operating Expenses pursuant to Paragraph 4.2 above, then Landlord shall reimburse Tenant for the reasonable costs of such work within thirty (30) days following Tenant's submission to Landlord of reasonable evidence of such costs; provided further, that Tenant may not elect to assume responsibility for performance of such work with respect to the Common Areas pursuant to this Paragraph 7.2(a) from and after such time as there are occupants of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishProject other than Tenant.
Appears in 1 contract
Samples: Sport Chalet Inc
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) Landlord shall maintain, repair and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shallreplace, at its sole cost and expense, keep the foundationsfollowing, resurfacing or replacement of parking lot surface, except as provided in Subparagraph 9(c) [Tenant's Obligations for Structural Maintenance] below: (i) the roof structure (but not the roof membrane) and structural portions of the building Buildings (including load bearing walls and foundations, ); (ii) all underground plumbing owned by Landlord from the slab, and compliance with earthquake code), replacement point of connection to the City of Mountain View's main line to the point of entry into each of the Buildings; and (iii) structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) parking facilities in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a curePhase I, to the extent the required maintenance, repair or replacement results from defects in the original design or construction of such curethe parking facilities (but not including resurfacing, pothole repair or a new slurry seal, if required by use of LANDLORD’s the parking facilities or from other causes). Tenant shall notify Landlord in writing within fifteen (15) days (or immediately by telephone or facsimile in the event of emergency, with prompt confirmation delivered in accordance with Paragraph 28 [Notices]) after Tenant becomes aware of any circumstances which Tenant believes may trigger Landlord's obligations under this LEASESubparagraph 9(a). The self-help Landlord shall not be in breach of its obligations under this Subparagraph 9(a) with respect to any particular repair, replacement or maintenance requirement unless and offset rights set forth until Landlord has received such written notice from Tenant and had sufficient opportunity to satisfy such obligations. Tenant shall be liable to Landlord for any additional cost incurred by Landlord in this Section shall inure solely satisfying such obligations, or any damage to the benefit Project, resulting from Tenant's failure to timely notify Landlord of 99¢ Only Stores and only such of its assignees circumstances as may be owned required by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten this paragraph. (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.b)
Appears in 1 contract
Landlord’s Obligations. Except Landlord shall operate, keep and maintain in good condition and repair (including replacement as provided reasonably necessary), in Article Seven a manner consistent with similarly situated commercially and generally accepted Class A office/research park standards in the Market Area, reasonable wear and tear and damage caused by Tenant or Tenant’s Agents (Damage or Destructionother than damage caused by a casualty not caused by them) excluded: (a) (i) all structural components of the Project (including, but not limited to the Premises Buildings), foundations, concrete slab flooring, facades of all of the buildings, and load bearing walls and columns of all of the Buildings, but excluding all interior and exterior windows of the Buildings, and the doors, and glass of the Buildings), and excluding the roofs of all Premises Buildings, except that Tenant only shall be responsible for the portion of the roof above its Premises in Building 18 (hereinafter the “Building 18 Tenant Roof”) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural Landlord shall be responsible for portions of the roof above the other sections of Building 18, (and ii) except as otherwise expressly provided in this Lease, all utility systems up to the roof membrane)point of entry into the Premises Buildings, the structural portions (b) all Common Areas of the roof top signageProject, if any, and (c) all parking areas on the pylon signage, if any, exterior walls, fire sprinkler system Project (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repaircollectively “Landlord Components”). LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of Tenant will provide written notice from TENANT to Landlord promptly of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency necessary repair or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving replacement or any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 defective condition with respect to TENANT’s receipt of recorded non-disturbance agreements from each lenderthe Landlord Components and the other items described above. All costs incurred by Landlord in connection with the operation, TENANT maintenance and repair costs described in this Section 7.1(a)(ii), (b) or (c) shall send copies of any notice referring be included as CAM Area Operating Expenses (subject to TENANT’s self-help rights to such lender(sthe CAM Cap) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent such costs are incurred in the CAM Area and are not otherwise excluded from the definition of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignmentCAM Area Operating Expenses. Notwithstanding anything to the contrary contained herein, TENANT shall have if structural components of the right to install and maintain antennae and/or a satellite dish on Premises Buildings (other than the roofs or the roof membranes of same) are damaged by the performance of the PREMISESInitial Tenant Improvements, subject to applicable law. TENANT shall promptly repair any subsequent Alteration (as hereafter defined) performed by Tenant or Tenant’s Agents, or the acts or omissions of Tenant or Tenant’s Agents (other than damage to, the roof of the PREMISES which is caused by a casualty not caused by them) or otherwise occasioned by (i) the installation or removal of Tenant’s trade fixtures, (ii) the installation Alterations, (iii) the installation or removal of Tenant’s furnishings, and maintenance (iv) the installation or removal of said antennae Tenant’s equipment, then Landlord shall perform all required repairs and/or satellite dishreplacements thereof, as the case may be, necessitated by such damage at Tenant’s sole cost and expense and Tenant shall pay Landlord the reasonable cost of such repairs and/or replacements as Additional Rent within thirty (30) days following receipt of Landlord’s statement therefor.
Appears in 1 contract
Landlord’s Obligations. Except Subject to Tenant's obligations under paragraph 6.1, Landlord shall, at Tenant's expense, payable as Operating Expenses in accordance with paragraph 3.2, keep in good condition, order and repair the Common Area and all elements therein, any plate glass and skylights located on the exterior of the Building, the roof of the Building (membrane and structure) (except that Tenant shall repair at Tenant's expense, and with Landlord's approval as provided in Article Seven (Damage paragraph 5.3, any damage caused by Tenant's activities on or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowto the roof, including, but not limited to, the installation of air conditioning equipment and/or duct work, or other roof penetrations, and subject improper flashing or caulking, and any damage to exposed air conditioning equipment and duct work installed by or for Tenant), and the provisions of Section 6.04 regarding repairs during the initial construction warranty periodstructural slabs, LANDLORD shall, at its sole cost columns and expense, keep the foundations, resurfacing or replacement of parking lot surface, other structural portions elements of the building Building (including foundationsincluding, without limitation, the slab, and compliance with earthquake code), replacement painting or cleaning of the structural portions exterior walls of the roof (and the roof membraneBuilding), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD Tenant shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT promptly notify Landlord of the need for such repairs. If LANDLORD fails Landlord to commence to meet make any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case repairs of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignmentit becomes aware. Notwithstanding anything to the contrary contained hereinin this Lease, TENANT (i) Landlord shall not be liable to Tenant for failure to make repairs as herein specifically required of it unless Tenant has previously notified Landlord, in writing, of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable time following receipt of Tenant's written notification; and if capital expenditures in excess of $1,000,000 are required during the term of the Lease (or $200,000 during the last two (2) years of the term of the Lease), Landlord may terminate this Lease upon nine (9) months prior written notice to Tenant unless Tenant notifies Landlord in writing within ten (10) days after receipt of Landlord's termination notice that Tenant will pay the cost of such expenditures. It is the intention of the parties that the terms of this Lease govern the respective obligations of the parties as to maintenance and repair of the Premises. Tenant and Landlord expressly waive the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to, or which affords Tenant the right to make repairs at the expense of Landlord or to terminate this Lease by reason of, any needed repairs. However, if Landlord fails to perform any of Landlord's obligations under this paragraph 6.2 within a reasonable period after receipt of written notice of the need therefor from Tenant (or such shorter period as may be reasonably appropriate in an "emergency situation", as hereinafter defined), and such failure results in either (i) a situation which materially and adversely affects the operation of Tenant's business from the Premises or (ii) an emergency situation, then Tenant shall have the right right, but not the obligation, to install and maintain antennae and/or a satellite dish promptly take such measures as are necessary to cure such situation (using the Building-standard subcontractors for any work on the roof Building roof, provided the applicable subcontractor is available at commercially reasonable and competitive rates for comparably experienced subcontractors in the Palo Alto area given the work to be performed, and if such subcontractors are not so available, Tenant shall use for such work qualified, licensed contractors reasonably experienced in performance of comparable work in comparable buildings), and Landlord shall reimburse Tenant for the PREMISESreasonable costs of completing such cure. As used herein, subject an "emergency situation" shall mean a situation where Landlord's failure to applicable law. TENANT shall promptly repair any damage to, the roof perform has resulted in an imminent risk of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishinjury to persons or material property damage.
Appears in 1 contract
Landlord’s Obligations. Except To the best of Landlord's actual knowledge, ---------------------- there exists no Hazardous Materials on the Premises which are in violation of applicable Environmental Laws. If any Hazardous Materials in violation of applicable Environmental Laws are discovered in the Premises (other than as may be the responsibility of Tenant under Subparagraph B of this Section 8.3), and the existence of such Hazardous Materials results in a closure of the Premises or any part thereof mandated by any Governmental Authority having jurisdiction thereof, then and in such event the Landlord shall have the right (but not the obligation) to remediate or remove such Hazardous Materials, and (i) if such Hazardous Materials are discovered prior to the commencement of the Term, then the date for commencement of the Lease Term shall be delayed by the same number of days as required for completion of such remediation or removal; and (ii) if such Hazardous Materials are discovered after the commencement of the Term, the Tenant's rent will be abated as is fair and equitable under the circumstances for as long as the Premises or any portion thereof is required to be closed as the result of such Hazardous Materials. In the event the Landlord declines to undertake or fails to complete such remediation or removal as may be required by applicable Environmental Laws within a period of twelve (12) months following the closure of the Premises by such governmental authority as the result of such Hazardous Materials, then and in such event the Tenant shall have the right and option, as its sole remedy (except as and to the extent provided in Article Seven the next sentence of this subparagraph C), to terminate this Lease by written notice delivered to Landlord at any time following the expiration of said twelve (Damage or Destruction12) and Article Eight (Condemnation) and Section 6.04(b) below, and subject month period but prior to the provisions completion of Section 6.04 regarding repairs during such remediation or removal. In addition, Landlord agrees to indemnify and hold harmless the initial construction warranty periodTenant from and against any and all liability, LANDLORD shallclaims of liability, at its sole cost suits, actions, proceedings, judgments, penalties and expense, keep fines paid or incurred by Tenant to any third parties or to any Governmental Authorities (hereinafter referred to as the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code"Third Party Environmental Liabilities"), replacement of the structural portions of the roof together with any and all costs and expenses incurred by Tenant in defending against said Third Party Environmental Liabilities (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 attorneys' fees, consultants' fees and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be requiredexpert fees), then TENANT may, but shall not which may be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to asserted against the provisions of Tenant as the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies result of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified Hazardous Materials introduced into the Premises in writing violation of applicable Environmental Laws by LANDLORD from time to timethe Landlord or its agents, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cureservants or employees acting within the line and scope of their authority; provided, to the extent of such curehowever, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding notwithstanding anything to the contrary contained provided herein, TENANT the Landlord shall not have any liability for any Hazardous Materials which are present or caused in whole or in part as the right to install and maintain antennae and/or a satellite dish on result of any negligence, willful misconduct or other acts or omissions of (i) the roof Tenant or any of the PREMISESother Tenant Parties, subject to applicable law. TENANT shall promptly repair (ii) any damage to, the roof other tenants or occupants of the PREMISES which is caused by Building, (iii) any of Landlord's predecessors in title to the installation Building or any part thereof or interest therein, or (iv) any other third parties (other than Landlord's agents, servants or employees acting within the line and maintenance scope of said antennae and/or satellite dishtheir authority).
Appears in 1 contract
Samples: Lease Agreement (Vialog Corp)
Landlord’s Obligations. Except as provided in Article Seven (Damage On or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowbefore the Commencement Date, Landlord shall have the Premises tested for mold spore, and subject if found, Landlord shall immediately remedy such situation, at its sole cost and expense. Landlord represents and warrants to Tenant that there is no asbestos in the provisions of Section 6.04 regarding repairs during Building or the initial construction warranty periodPremises, LANDLORD shallbut if asbestos is discovered, Landlord shall immediately cause such asbestos to be removed, at its sole cost and expense, keep the foundationsand in such case, resurfacing or replacement of parking lot surface, structural portions Landlord shall use its best efforts to have such removal done with minimum interference with Tenant's occupancy of the building (including foundations, the slab, and compliance with earthquake codepremises. Notwithstanding anything contained in Paragraphs 32(d) or 32(c), replacement Landlord shall not be required to expend any amounts in excess of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any$750,000. Should Landlord fail to discharge its obligations pursuant to Paragraphs 32(d) and utility connections to the building (water, sewer, electrical, phone, etc.e) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt period of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT Tenant shall have the right to install terminate this Lease by giving not less than ninety (90) days' prior written notice of its intention so to terminate to Landlord, and maintain antennae and/or a satellite dish on the roof this Lease shall terminate as of the PREMISESdate specified in such notice with the same effect as if such date were the scheduled expiration date of this Lease. Notwithstanding the foregoing, subject if Tenant sends such a notice of cancellation and Landlord, prior to applicable lawthe date of termination specified in such notice, substantially completes such remediation or begins such remediation and prosecutes it to completion in good faith and with reasonable diligence, then Tenant's notice shall be without force or effect and this Lease shall continue in full force and effect. TENANT The foregoing provisions shall promptly repair any damage to, also apply to the roof of Landlord's obligations with respect to Radon Gas as set forth in Rider No. 3 and the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLandlord's obligations as to ADA compliance pursuant to Paragraph 48.
Appears in 1 contract
Landlord’s Obligations. Except as provided in Article Seven Landlord agrees to make all repairs and replacements which may be necessary to the structural support system of the roof, foundation piers and stem walls, and structural elements of exterior walls (Damage or Destructionincluding structural elements of curtain walls) and Article Eight structural elements of the parking structure (Condemnationcollectively such elements are referred to as "Structure" and such repairs or replacement are "Structural Repairs") unless the need therefore results from the negligence of Tenant, its agents or employees. To the extent any repairs, replacements, renewals and Section 6.04(balterations arise out of, or are in any way caused by fire or other casualty, responsibility therefor is governed by Paragraph 36 below. Tenant shall notify Landlord as soon as reasonably practicable following discovery by Tenant or its maintenance contractor of the existence of any condition which is believed to require Structural Repairs. If Tenant is deprived of the use of any portion of the usable space in the Building for more than two (2) below, and subject consecutive business days following notice to Landlord because of Landlord's making of any Structural Repairs under the provisions of Section 6.04 regarding repairs during this Lease or because of Landlord's failure to make said Structural Repairs, then, in addition to such other rights and remedies as Tenant is expressly accorded under the initial construction warranty periodterms of Paragraph 45 of this Lease if applicable under such paragraph, LANDLORD shall, the Minimum Rent and any Additional Rent payable hereunder shall abatx xxxinning at its sole cost the end of such two (2) business day period and expense, keep ending when the foundations, resurfacing or replacement of parking lot surface, structural portions respective portion is made usable. If only a portion of the building (including foundationsspace in the Leased Premises is made unusable, such abatement shall be based on the slab, and compliance with earthquake code), replacement percentage that such unusable space constitutes of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except total space in the case of an emergency or dangerous condition, in which event no Building. Tenant's notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt such condition shall expressly reference its intention to abatx xxxt and shall include a description of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent nature of such curedeprivation and the space affected; if Landlord disputes Tenant's right to abatx xxxt hereunder, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT Tenant shall have the no right to install and maintain antennae and/or a satellite dish on withhold the roof payment of Rent until such dispute is settled by agreement of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishparties or arbitration in accordance with Paragraph 59.
Appears in 1 contract
Samples: Lease Agreement (Advanta Corp)
Landlord’s Obligations. Except as provided in Subject to the provisions of Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below), and subject except as provided in Section 4.05 above and in this Section 6.03, Landlord shall have no responsibility to repair, maintain or replace any portion of the Property. Upon Substantial Completion of the Tenant Improvements, Landlord shall deliver the Property to Tenant clean and free of debris, and in conformance with Landlord's warranties and representations set forth in Section 6.01 above. In the event of non-compliance with the warranties and representations contained in Section 6.01 above, Landlord shall promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, rectify the same at Landlord's expense. If Tenant does not give Landlord written notice of a non-compliance with that warranty within one (1) year after the date of Substantial Completion of the Building Shell Improvements (with respect to the provisions Building Shell Improvements) or within one (1) year after the date of Substantial Completion of the Tenant Improvements (with respect to the Tenant Improvements), correction of that non-compliance shall be the obligation of Tenant at Tenant's sole cost and expense, and any further obligation of Landlord arising from or related to such warranty shall be extinguished except with respect to any latent defects in those components of the Building for which Landlord has expressly assumed responsibility below in this Section 6.04 regarding repairs during 6.03. Landlord shall also obtain a ten (10)-year NDL manufacturer warranty covering the initial construction warranty periodBuilding's roof membrane, LANDLORD shalland shall assign its rights thereunder to Tenant (and Tenant acknowledges it must assume and comply with all of the obligations thereunder in connection with such assignment). 7155 Lindell Road Xxx Vegas, Nevada Nevada Power Company With respect to the Building only, Landlord, at its sole cost and expense, keep shall be responsible for repair, maintenance, or replacement (as needed) of the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and but excluding all non-structural portions such as the roof membrane), exterior walls (but excluding the structural portions painting thereof, which shall be Tenant's sole responsibility) and the floor slab due to any latent defects therein. Subject to Landlord's one-year warranties set forth in this Article Six, Landlord shall not be obligated to replace or maintain or repair windows, doors, plate glass or the interior surfaces of the roof top signageexterior walls of the Building, if any, or any of the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections improvements on the Additional Land or any of the other Tenant Improvements. Landlord shall not be obligated to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under undertake any work pursuant to this Section 6.03 within until a reasonable time after receipt of a written notice from TENANT Tenant of the need for such repairswork, and shall diligently pursue such work until complete. If LANDLORD fails to commence to meet any obligation hereunder, In no event shall normal wear and tear (including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is that caused by the installation and maintenance of said antennae and/or satellite dishelements or other natural environmental conditions) constitute or be deemed to have caused or resulted in a latent defect.
Appears in 1 contract
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject Sublandlord shall not be required to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions perform any of the building (including foundationscovenants, agreements and/or obligations of Landlord under the slabMaster Lease and, and compliance with earthquake code), replacement insofar as any of the structural portions covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Master Lease. Notwithstanding the foregoing, Sublandlord acknowledges and agrees that it is not released from its obligations under the Master Lease. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the roof (services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and the roof membrane), the structural portions of the roof top signagecleaning service, if any; and no failure to furnish, or interruption of, any such services or facilities shall give rise to any (i) abatement, diminution or reduction of Subtenant's obligations under this Sublease (provided that if and to the extent that Sublandlord is entitled to an abatement in rent payable under the Master Lease as a result of a failure or interruption in services which affects the Subleased Premises, Subtenant will similarly be entitled to receive an abatement in Rent payable hereunder), or (ii) liability on the part of Sublandlord. Notwithstanding the forgoing provisions of clause (i) above, if a service interruption occurs which is due to the gross negligence or willful misconduct of Sublandlord, its agents' employees or contractors, and Subtenant is prevented from using, and does not use, a portion of the Subleased Premises as a direct result of such service interruption for a period in excess of three (3) consecutive business days, the pylon signageRent payable under this Sublease shall be abated following the expiration of such three (3) business day period, if anyfor such time that Subtenant continues to be prevented from using, exterior wallsand does not use, fire sprinkler system (if any) and utility connections the subject area of the Subleased Premises in the proportion that the rentable area of the subject area of the Subleased Premises bears to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT total rentable area of the need for Subleased Premises. Notwithstanding the foregoing, Sublandlord shall promptly take such repairs. If LANDLORD fails action as may reasonably be indicated, under the circumstances, to commence secure such performance upon Subtenant's request to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated Sublandlord to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of thereafter diligently prosecute such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish performance on the roof part of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLandlord.
Appears in 1 contract
Landlord’s Obligations. Except as provided Notwithstanding paragraph 9.1, Landlord shall repair and maintain the roof (structural and nonstructural), structural floor, exterior structural walls, foundations, parking areas, driveways, sidewalks, loading docks, exterior light fixtures, landscaping, common signage and other common elements and common areas, in Article Seven (Damage good order and repair, except that Tenant shall repair and pay for any damage thereto caused by Tenant or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowTenant's employees, and subject agents or invitees, or by Tenant's default hereunder. Tenant shall immediately give Landlord written notice of any defect or need of repair after which Landlord shall have reasonable opportunity to repair same or cure such defect. Landlord's liability hereunder shall be limited to the provisions cost of Section 6.04 regarding such repairs during or curing such defect. Landlord shall not be liable for damage to Tenant's improvements, fixtures, inventory and equipment within the initial construction warranty periodPremises. In the event of failure by Landlord to perform its covenants and obligations to repair and maintain the Premises under this paragraph 9.4, LANDLORD shallTenant may, at its sole cost option, after ten (10) days written notice, or sooner in an emergency, proceed to make such repairs or perform such maintenance and expensebe reimbursed by Landlord ten (10) business days after written demand by Tenant. If Landlord fails to pay Tenant when due any sum owing hereunder interest at two points over the Bank of America prime rate announced from time to time shall accrue on such sum. With the exception of roof structure, keep the structural floor, exterior structural walls and foundations, resurfacing or replacement of parking lot surface, structural portions all costs and expenses incurred by Landlord under this paragraph 9.4 for the repair and maintenance of the building (including foundationsPremises, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (Building and the roof membrane)Project, as enumerated above, shall be included in Operating Costs under paragraph 5, for which Tenant will be obligated to pay its Proportionate Share thereof to Landlord. Except for the structural portions of the roof top signageobligations, if any, of Landlord under paragraph 8.2(a), this paragraph 9.4 and paragraph 11 (relating to destruction of the pylon signagePremises), if anyLandlord have no obligation, exterior wallsin any manner whatsoever, fire sprinkler system (if any) to repair, replace and utility connections maintain the Premises or the improvements located thereon or the equipment therein, all of which obligations are intended to be that of the building (waterTenant under paragraph 9.1 hereof, sewer, electrical, phone, etc.) excluding any Legally Mandated Alterations. Tenant expressly waives the benefit of any statute or law now or hereinafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair, but Tenant's waiver shall not relieve Landlord of any express contractual repair obligations placed on Landlord by this Lease. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt Notwithstanding the foregoing, should Landlord receive any warranties or guaranties of written notice from TENANT any materials, equipment or workmanship and such warranty or guaranty is applicable to portions of the need Premises for such repairs. If LANDLORD fails which Tenant is liable to commence to meet any obligation repair and maintain as required hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice Landlord shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant enforce such warranties to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishfullest possible extent.
Appears in 1 contract
Samples: Lease (National Information Group)
Landlord’s Obligations. Except as provided Subject to Sections 5.1, 12 and 13, Landlord shall maintain or cause to be maintained in Article Seven (Damage or Destruction) good order, condition and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep repair the foundations, resurfacing or replacement of parking lot surfacecolumns, structural portions footings, sub-flooring and load-bearing and exterior walls, windows and frames, gutters, and downspouts of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane)Building, the structural portions of the roof top signageand the roof membrane, the Building Systems, and the Common Areas of the Property (including the sidewalks, curbs, and Parking Facility); provided, however, that nothing contained herein shall be construed to negate or limit Tenant’s obligation to pay Tenant’s Share of the costs incurred hereunder by Landlord (it being understood and agreed that such costs are Operating Costs, subject to the limitations in Section 3.2(a)(1)). Landlord’s maintenance and repair of the structural components of the Building (foundation, columns, footings, floor slab, load-bearing and exterior walls and structural portions of the roof) shall be at Landlord’s sole expense; provided, however, that with respect to any maintenance and repair items described in this Section 7.2 Tenant shall pay the entire cost of repairs for any damage occasioned by Tenant’s use of the Premises or the Property, any act or omission of Tenant or Tenant’s Representatives or Invitees or Tenant’s Alterations, subject to Section 11.3 concerning waiver of subrogation rights. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any condition known to Tenant which Landlord is required to repair. As a material part of the consideration for this Lease, Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and 1942, that allows a tenant to make repairs at its landlord’s expense. Notwithstanding any of the terms and conditions set forth in this Lease to the contrary, if anyTenant provides Notice (or oral notice in the event of an “Emergency,” as that term is defined, below) to Landlord of an event or circumstance which requires the pylon signageaction of Landlord with respect to repair and/or maintenance required to be performed by Landlord hereunder, if any, exterior walls, fire sprinkler system (if any) and utility connections which event or circumstance with respect to the building (waterBuilding Systems or structural portions of the Building materially adversely affects the conduct of Tenant’s business from the Premises, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 Landlord fails to commence corrective action within a reasonable time period of time, given the circumstances, after the receipt of such Notice, but in any event not later than thirty (30) days after receipt of written notice from TENANT such Notice, then Tenant may proceed to take the required action upon delivery of an additional ten (10) Business Days’ Notice to Landlord specifying that Tenant is taking such required action (provided, however, that the need for initial thirty (30) day Notice and the subsequent ten (10) day Notice shall not be required in the event of an Emergency) and if such repairs. If LANDLORD fails action was required under the terms and conditions of this Lease to commence to meet any obligation hereunder, including without limitation Section 6.03 be taken by Landlord and Section 4.05, was not commenced by Landlord within a reasonable amount of time after TENANT’s notice thereof such ten (not exceeding 15 days, except 10) Business Day period (or sooner in the case of an emergency Emergency) and thereafter diligently pursued to completion, then Tenant shall be entitled to prompt reimbursement by Landlord of Tenant’s reasonable costs and expenses in taking such action. Promptly following completion of any work taken by Tenant pursuant to the terms and conditions of this Section 7.2, Tenant shall deliver a detailed invoice of the work completed, the materials used and the costs relating thereto, and within thirty (30) days after receipt of Tenant’s invoice, Landlord shall either pay the same or dangerous conditionprovide a written objection to the payment of such invoice, setting forth with reasonable particularity Landlord’s reasons for its claim that such action did not have to be taken by Landlord pursuant to the terms and conditions of this Lease or that the charges are excessive (in which event no notice case Landlord shall be requiredpay the amount it contends would not have been commercially reasonable), then TENANT may, but shall not be obligated . If Landlord fails to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion pay Tenant in a timely fashion the reasonable amount owed as a result of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANTTenant’s exercise of its rights pursuant under this paragraph, then Tenant may withhold such amount from future Base Rent and Additional Rent until Tenant is reimbursed in full for the sum plus interest at the Interest Rate. As used herein, an “Emergency” shall mean an event threatening immediate and material danger to people located in the Building or immediate, material damage to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line Building, Building Systems or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls itAlterations, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ creates a realistic possibility of an immediate and material interference with, or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install immediate and maintain antennae and/or material interruption of a satellite dish on the roof material aspect of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishTenant’s business operations.
Appears in 1 contract
Samples: Lease Agreement (Verigy Ltd.)
Landlord’s Obligations. Except as provided in Article Seven Subject to the provisions of paragraph ---------------------- 4.2 (Operating Expenses), 6 (Use), 7.2 (Tenant's Obligations) 7.5 (Condition of --- - --- --- Premises Upon Termination), and 9 (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowexcept for damage - caused by any negligent or intentional act or omission of Tenant, and Tenant's employees, suppliers, shippers, customers, or invitees, in which event Tenant shall repair the damage, Landlord, at Landlord's expense, subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty periodreimbursement pursuant to paragraph 4.2 (for other than Landlord Structural --- Elements), LANDLORD shall, at its sole cost shall keep in good condition and expense, keep repair the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system structural condition of interior bearing walls, and roof (if anyincluding roof membrane) of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility connections installations of the Common Areas and all parts thereof. Landlord shall not, however, be obligated to paint the building interior surface of exterior walls, nor shall Landlord be required to maintain, repair or replace windows, doors or plate glass of the Premises, or to maintain or repair anything required to be maintained by Tenant under paragraph 7.2. Landlord --- shall have no obligation to commence repairs under this paragraph 7.1 until a --- reasonable (water, sewer, electrical, phone, etc.not to exceed 30 days) time after receipt of written notice from Tenant of the need for such repairs. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but Landlord shall not be obligated to do so and without waiving any other rights liable for damages or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies loss of any notice referring kind or nature by reason of Landlord's failure to TENANT’s self-help rights to furnish any Common Area services when such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character or by any other cause beyond the installation and maintenance reasonable control of said antennae and/or satellite dishLandlord.
Appears in 1 contract
Samples: Lease (Qualstar Corp)
Landlord’s Obligations. Except Landlord acknowledges and agrees that: (i) This Contract is limited to the financial performance of those Tenants residing at the Premises as provided described in Article Seven the Tenancy Agreement; (Damage ii) Landlord’s approval of the Tenancy Agreement and acceptance of Tenant(s) shall constitute confirmation of Landlord’s understanding and agreement to the terms of this Contract; (iii) Landlord shall provide UIG with written notice of all changes in the Tenancy Agreement that are made during the term of this Contract and any renewal periods; (iv) within ten(10) days following service, Landlord, or Destructionits successor-in-interest shall also provide UIG copies of all preliminary notices served on Tenant(s) that are required for the filing of eviction proceedings against Tenant(s) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions any other occupants of the building (Premises, including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signageco-signors, if any; (v) any action filed by Landlord, or its successor-in-interest, on the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD Tenancy Agreement shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT name as defendants all known occupants of the need for such repairsPremises during the period of the Tenancy Agreement, and shall seek to impose joint and several liability against said all responsible parties. If LANDLORD fails to commence to meet any obligation hereunderLandlord, including without limitation Section 6.03 and Section 4.05or its successor-in-interest, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated eligible to do so and without waiving any other rights or remedies provided hereunder or submit a claim seeking payment by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to UIG following the provisions expiration of the foregoing sentence shall contain time for Tenant(s) to appeal the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line Judgment, or otherwise prominently noted at the top of such notice. Subject to satisfaction upon written notification and verification that any appeal by Tenant(s) of the provisions Judgment has been resolved in favor of Section 11.01 with respect to TENANT’s receipt Landlord, whichever first occurs. Upon submittal of recorded nona claim, and as a condition of payment, Landlord, or its successor-disturbance agreements from each lenderin-interest, TENANT shall send provide UIG with: (i) a complete copy of the Judgment; (ii) a complete, irrevocable, and unconditional assignment of the Judgment; (iii) complete copies of any notice referring all original applications to TENANT’s selfrent or lease the Premises that were received from Tenant(s); and (iv) such other documents as are reasonably required in order to complete the assignment of the Judgment to UIG. Upon payment by UIG to Landlord, or its successor-help in-interest, UIG shall have all rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help enforcement and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof collection of the PREMISESJudgment in addition to all post judgment costs and fees to which the judgment creditor is entitled, subject without any further obligation to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLandlord or its successor-in-interest.
Appears in 1 contract
Samples: Following Agreement
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject Pursuant to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions terms of the building (including foundationsMaster Lease, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections Landlord is obligated to the building (water, sewer, electrical, phone, etc.) keep in good order, condition and repairrepair (i) the structural parts of the Building, which structural parts include only the foundation and subflooring of the Building and the structural condition of the roof (including the roof membrane), and the exterior walls of the Building (but excluding the interior surfaces of exterior walls and exterior and interior of all windows, doors, ceiling and plateglass which shall be maintained and repaired by Subtenant), (ii) the Building elevator, and (iii) the Project Common Areas, including all utilities and related utility lines and pipes outside of the Building ("Landlord's Maintenance Obligations"), and the costs incurred by Landlord to perform the foregoing obligations with respect to the Building to the extent they are deemed "Operating Costs" (as defined in Section 2C) shall be passed through to Subtenant, except that any damage to any of the foregoing caused by the negligence or willful acts or omissions of Subtenant or of Subtenant's agents, employees or invitees, or by reason of the failure of Subtenant to perform or comply with any terms of this Sublease, or caused by Subtenant or Subtenant's agents, employees or contractors during the performance of any work may be repaired by Sublandlord, solely at Subtenant's expense, or at Sublandlord's election, such repairs shall be made by Subtenant, at Subtenant's expense, with contractors approved by Landlord and Sublandlord. LANDLORD As between Sublandlord and Subtenant, Sublandlord shall make be responsible for performance of Landlord's Maintenance Obligations if Landlord fails to do so and shall be entitled to charge Subtenant the cost of such work to the same extent as Landlord under the Master Lease and on the terms and conditions of this Sublease. At Sublandlord's election, except in case of roof repairs, which shall be commenced within five (5) days after notice to Sublandlord, or emergency repairs under this Section 6.03 within a which shall be commenced immediately, Sublandlord may first demand in writing that Landlord perform any work required to be done by Landlord with respect to Landlord's Maintenance Obligations, and use reasonable time after receipt of written notice from TENANT efforts to obtain Landlord performance. Subtenant agrees to exercise reasonable efforts to give Landlord and Sublandlord prompt notification of the need for any repairs or maintenance; provided that such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but notification shall not be obligated affect Landlord's obligation to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion periodic inspections of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORDthe Project during the Lease Term. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to Subtenant waives the provisions of Sections 1941 and 1942 of the foregoing sentence shall contain California Civil Code and any similar or successor law regarding Subtenant's right to make repairs and deduct the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top expenses of such notice. Subject to satisfaction of repairs from the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations Rent due under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishSublease.
Appears in 1 contract
Landlord’s Obligations. Except as provided (a) Landlord, at its expense (but subject to recoupment to the extent permitted in Article Seven 6 herein), shall keep and maintain the Common Areas, the Structural Elements and the Base Building Systems (Damage or Destruction) other than the areas of the Premises that Tenant is obligated to keep and Article Eight (Condemnation) and Section 6.04(b) below, and subject to maintain in accordance with the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.10.1 above) in good working order, condition and repair, as a first class office building, consistent with the standards of Comparable Buildings and shall make all repairs and replacements (if necessary), structural and otherwise, interior and exterior, as and when needed in or about the Building, except for (i) those repairs for which Tenant is responsible pursuant to any other provision of this Lease, including but not limited to Section 10.1 above; (ii) repairs to Tenant’s Property; and (iii) repairs to other leased premises which are the obligation of the tenant thereof (Landlord being obligated to enforce such obligation to the extent the same affects the Premises or Tenant’s rights hereunder); provided, however, that Landlord shall have no obligation or liability for repairs in the Premises until receipt of notice from Tenant specifying the repairs required, except in the case of emergencies where the notice may be by telephone (or otherwise orally by a duly authorized officer), thereafter promptly followed by a written notice, Additionally, Landlord shall enforce its rights under the REA to require that the Park be kept and maintained in good working order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of Notwithstanding the need for such repairs. If LANDLORD foregoing, if Landlord fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of enforce its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of itREA as provided herein within thirty (30) days after demand by Tenant that Landlord do so, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT Tenant shall have the right (either on its own or with other tenants) to install exercise such rights or to take other measures to cause the party required under the REA to keep and maintain antennae and/or a satellite dish on the roof of Park in the PREMISEScondition required herein, subject All reasonable costs incurred by Tenant shall be reimbursed to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused Tenant by the installation and maintenance of said antennae and/or satellite dishLandlord within thirty (30) days following demand (with reasonable back-up).
Appears in 1 contract
Samples: Assignment and Assumption of Lease (SpringWorks Therapeutics, Inc.)
Landlord’s Obligations. Except as provided in Article Seven Landlord, at Xxxxxxxx’s expense (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to reimbursement as an Operating Cost to the provisions extent permitted pursuant to Section 4), shall maintain the following in a state of Section 6.04 regarding repairs during good working order, condition and repair (including, as necessary, replacement): (i) the initial construction warranty period, LANDLORD shall, at its sole cost roof and expense, keep every part thereof; (ii) the foundations, resurfacing or replacement exterior walls and windows of parking lot surface, the Building; (iii) all structural portions of the building (Building, including the foundations, the slabfloor slabs, and compliance with earthquake codeall load-bearing walls; (iv) the base building electrical, lighting, plumbing, storm and sanitary sewer, heating, ventilating and air conditioning (“HVAC”), replacement life-safety and sprinkler systems and equipment installed or furnished by Landlord and located in the internal or main core of the structural portions of the roof Building (and the roof membrane)collectively, the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system “Building Systems”); (if anyv) elevators; and utility connections to the building (water, sewer, electrical, phone, etc.vi) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunderCommon Areas, including without limitation Section 6.03 landscaping, parking lots, walkways, roadways and Section 4.05driveways; provided, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a curehowever, to the extent any repairs are required by reason of the negligence or willful misconduct of Tenant or Tenant’s employees in the course of their employment or Tenant’s agents or contractors in connection with activities authorized by Xxxxxx and Xxxxxx’s customers and invitees (collectively, “Tenant’s Representatives”) and such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this repairs are not covered by insurance required to be covered by Landlord pursuant to Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, 13.2 or which own not less than ten Landlord otherwise has in effect, Tenant shall reimburse Landlord for the reasonable cost thereof within thirty (1030) stores operated under the name ‘99¢ Only Stores’ or such other name days after demand accompanied by reasonable supporting documentation. For purposes hereof, Building Systems shall exclude any Tenant Systems (as may be employed by TENANT defined in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained Section 8.2(a) below) and, as used herein, TENANT the term “repair” shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISESinclude replacement, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishas necessary.
Appears in 1 contract
Samples: Commencement of Lease (Freedom Acquisition I Corp.)
Landlord’s Obligations. Except If the Premises shall be partially damaged by any casualty insured against under any insurance policy maintained by Landlord, Landlord shall, upon receipt of the insurance proceeds, repair the Premises. Until such repair is complete, the Basic Monthly Rent and Additional Rent shall be abated proportionately as provided to that portion of the Premises rendered untenable, if any. Notwithstanding the foregoing, if (a) by reason of such occurrence the Premises are rendered wholly untenable; (b) the Premises are damaged as a result of a risk which is not covered by insurance; (c) the Premises are damaged in Article Seven whole or in part during the last six (Damage 6) months of the term hereof or Destructionof any renewal hereof; or (d) the Premises or the Building (whether the Premises are damaged or not) is damaged to the extent of fifty percent (50%) or more of the then-monetary value thereof, Landlord may either elect to repair the damage or may cancel this Lease by notice of cancellation within sixty (60) days after such event and Article Eight (Condemnation) and Section 6.04(b) belowthereupon this Lease shall expire, and subject Tenant shall vacate and surrender the Premises to Landlord. Tenant’s liability for rent upon the provisions termination of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions this Lease shall cease as of the building (including foundations, the slab, and compliance with earthquake code), replacement date of the structural portions occurrence of such casualty. In the roof event Landlord elects to repair any such damage, any abatement of rent shall end five (and 5) days after notice by Landlord to Tenant that the roof membrane)Premises have been repaired. If the damage is caused by the negligence of Tenant or its employees, the structural portions agents, invitees or concessionaires, there shall be no abatement of the roof top signagerent. Except for abatement of rent, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD Tenant shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need have no claim against Landlord for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or damage suffered by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies reason of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to timedamage, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a curedestruction, to the extent of such curerepair or restoration, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section nor shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall Tenant have the right to install terminate this Lease as the result of any statutory provision now or hereafter in effect pertaining to the damage and maintain antennae and/or a satellite dish on the roof destruction of the PREMISESPremises or the Building, subject to applicable lawexcept as expressly provided herein. TENANT The proceeds of all insurance carried by Tenant on its property and fixtures shall promptly repair any damage to, be held in trust by Tenant for the roof of the PREMISES which is caused by the installation and maintenance purpose of said antennae and/or satellite dishrepair and replacement.
Appears in 1 contract
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) Landlord shall maintain in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of repair the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunderCommon Areas, the Building’s roof, foundation, exterior walls and windows and structural elements (the “Building’s Structure”), and the electrical (including lights, ballasts and fixtures), mechanical, plumbing, life safety and HVAC systems serving the Premises, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except the heat pumps located in the case Premises (the “Heat Pumps”) as well as the chillers located elsewhere in the Building but serving the Premises (the “Building’s Systems”) (but not including those specialized HVAC systems serving the Lab Space, installed as part of an emergency the Lab Work or dangerous conditionby Tenant following the Term Commencement Date, such systems referred to herein as the “Specialized HVAC Systems”), including the repair or, if necessary in which event no notice Landlord’s reasonable judgment, the replacement of the major components thereof, during the Lease Term. Tenant shall be required)responsible for the maintenance and repair of any Specialized HVAC Systems, then TENANT may, but as set forth in Section 9(b) below. Landlord shall not be obligated responsible for alterations to do so the Building’s Structure required by applicable Law after the Term Commencement Date because of Tenant’s specific laboratory use (thus not including general office use) of the Premises, which alterations shall be Tenant’s responsibility. The Building’s Structure does not include interior windows, glass or plate glass, doors within the Premises, locks, special fronts, or office entries, all of which shall be maintained by Tenant. The outside door locks must stay on the master key systems for the Fire Department. Notwithstanding any provision of this Section 7(a) to the contrary, Landlord shall be responsible for compliance of Landlord’s Work and without waiving any other rights or remedies provided hereunder or by lawthe Building (including Common Areas but expressly excluding the Premises following performance of Landlord’s Work), perform any portion of LANDLORD’s obligations and deduct with all reasonable amounts expended in connection therewith from TENANT’s subsequentLaws, financial obligations including but not limited to LANDLORDthe Americans with Disabilities Act (the “ADA”). All notices sent to LANDLORD prerequisite of TENANT’s exercise of costs incurred by Landlord in fulfilling its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section 7(a) shall inure solely be included in Operating Costs and Tenant shall pay its Proportionate Share thereof to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10extent set forth in Section 4(b) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishabove.
Appears in 1 contract
Samples: Lease Agreement (Spring Bank Pharmaceuticals, Inc.)
Landlord’s Obligations. Except Landlord shall maintain in good operating condition, and repair and replace, when necessary, the Common Area elements of the Building, the electrical, lighting, plumbing, sewage, fire sprinklers, heating, ventilating, air conditioning, conveyance, emergency, fire protection, security, life safety, and support systems servicing the Building and the Premises (except as provided for in Article Seven (Damage or DestructionSection 6.01(a) above), exterior glazing and Article Eight (Condemnation) and Section 6.04(b) belowthe structural parts of the Building, and subject to including without limitation the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surfaceexterior walls, structural portions of the building (including walls, supporting pillars, foundations, the slab, roof membrane and compliance with earthquake code), replacement of the structural portions of the roof of the Building and all costs and expenses incurred by Landlord in connection with the foregoing obligations (and except for any costs associated with the roof membranereplacement of structural components of the Building, which costs shall be paid solely by Landlord) shall be included in Operating Expenses subject to the terms of Section 4.05(b); provided, however, if such maintenance, repair or replacement is due to the wrongful acts, omissions or negligence of Tenant or any Tenant Parties (as defined in Section 7.07 below), the structural portions of the roof top signagethen Landlord shall nevertheless make such repairs at Tenant’s expense, if anyand Tenant, the pylon signage, if any, exterior walls, fire sprinkler system within thirty (if any30) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time days after receipt of an invoice, shall pay to Landlord all costs and expenses of any such repairs, together with accrued interest at the Agreed Rate from the date of Landlord’s payment, subject, however, to Section 7.06 concerning waiver of subrogation rights. Tenant shall give Landlord written notice from TENANT of any needed repairs which are the obligation of Landlord hereunder. It shall then be the obligation of Landlord, after receipt of such notice, to perform the same within thirty (30) days after such notice; provided, however, that if the nature of the need repairs is such that more than thirty (30) days are reasonably required for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required)performance, then TENANT may, but Landlord shall not be obligated deemed to do so be in default hereunder if Landlord commences such repairs within said thirty (30) day period and without waiving thereafter diligently completes them and provided further, that for purposes of this sentence “commences” includes any steps taken by Landlord to investigate, design, consult, bid or seek permit or other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended governmental approval in connection therewith from TENANT’s subsequentwith such repair. Should Landlord default, financial obligations as provided in Section 12.03 below, in its obligation to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions make any of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 repairs assumed by it hereunder with respect to TENANT’s receipt of recorded non-disturbance agreements from each lenderthe Premises, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, or with respect to the extent Building if such repairs shall be reasonably necessary to Tenant’s use and occupancy of such curethe Premises, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT Tenant shall have the right to install perform such repairs, in which event Landlord, within thirty (30) days after written demand accompanied by detailed invoice(s), shall pay to Tenant the reasonable, actual out-of-pocket costs expended by Tenant for such repairs together with accrued interest at the Agreed Rate from the date of Tenant’s payment, provided that nothing herein shall be deemed to create a right of setoff or withholding by Tenant of Base Rent or Additional Rent or any other amounts due herein. Landlord shall not be liable to Tenant for any damage to person or property as a result of any failure to timely perform any of its obligations with respect to the repair, maintenance or replacement of the Premises, the Building, Lot 1 or the Project or any part thereof, and maintain antennae and/or a satellite dish Tenant’s sole right and remedy (together with its rights under Section 12.03 below) shall be the performance of said repairs by Tenant with the right of reimbursement from Landlord, all in accordance with the terms of this Section 6.01(b). Tenant hereby expressly waives all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any law, statute or ordinance on the roof same subject now or hereafter in effect to make repairs and offset the cost of the PREMISES, subject same against Rent or to applicable law. TENANT shall promptly repair withhold or delay any damage to, the roof payment of the PREMISES which is caused Rent or any other of its obligations hereunder as a result of any default by the installation and maintenance of said antennae and/or satellite dishLandlord under this Section 6.01(b).
Appears in 1 contract
Landlord’s Obligations. Except Landlord shall keep: (i) the common areas of the Building; (ii) elevators serving the Premises; (iii) the roof of the Building; (iv) exterior plate glass; (v) public restrooms and restrooms used by Tenant in common with other tenants of the Building; (vi) structural elements; (vii) those mechanical, electrical and communications systems, equipment and risers serving the Premises except those systems, equipment and risers installed as provided part of Initial Tenant Work or Alteration Work for Tenant’s exclusive use; (viii) those heating, ventilating and air conditioning systems or equipment serving the Premises except those systems and equipment installed as part of Initial Tenant Work or Alteration Work for Tenant’s exclusive use; and (ix) those plumbing and other utility systems or equipment serving the Premises except those systems and equipment installed as part of Initial Tenant Work or Alteration Work for Tenant’s exclusive use, in good and sanitary working order, condition and repair, in compliance with all Laws (the cost of which shall be included in Operating Expenses to the extent permitted by Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject 3 hereof). Subject to the provisions of Section 6.04 regarding repairs during 10(C) hereof, if any damage to the initial construction warranty periodPremises or to any equipment therein or appurtenance thereto or any part thereof results from any negligent act or omission or willful misconduct by Landlord or its contractors, LANDLORD shallsubcontractors, agents or employees or from the breach of Landlord’s obligations under this Lease, Landlord shall undertake at its sole cost and expenseexpense all repairs and replacements that are required to address such damage. No promises of Landlord to alter, keep remodel, improve, repair, decorate or clean the foundationsProperty or any part thereof have been made, resurfacing or replacement of parking lot surface, structural portions and no representation respecting the condition of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet Property or any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice part thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing made to Tenant by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, or on behalf of Landlord except to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights expressly set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLease.
Appears in 1 contract
Samples: Office Lease (Vivid Seats Inc.)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) Landlord shall maintain in good order, condition and repairrepair the structural and common areas of the Building,, including without implied limitation, the roof and exterior walls of the Building, and the basic heating, ventilating,, air conditioning,, electrical, plumbing, fire protection, life safety, security and mechanical systems of the Building (the "Building systems"), provided that any maintenance and repair caused by the acts or omissions of Tenant or Tenant's agents, employees, invitees, visitors (collectively "Tenant's Representatives") shall be paid for by Tenant. LANDLORD shall Notwithstanding the provisions of this Section, in the event Landlord fails or neglects to commence and make the repairs under to the Building which Landlord is required to make in accordance with the terms of this Section 6.03 Lease within a reasonable time thirty (30) days after receipt of written notice from TENANT Tenant of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereundernecessity therefore, including without limitation Section 6.03 and Section 4.05, or within a reasonable amount of time after TENANT’s notice thereof twenty-four (not exceeding 15 days, except 24) hours in the case event of an emergency or dangerous conditionany emergency, in which event no and appropriate notice shall be required)from Tenant, then TENANT Tenant may, but shall not be obligated to do so to, make such repairs and without waiving any other rights or remedies provided hereunder or by law, perform any portion Landlord shall reimburse Tenant for the reasonable cost thereof within thirty (30) days after receipt of LANDLORD’s obligations a xxxx therefor and deduct all reasonable amounts expended in connection therewith copies of applicable invoices. In the event such repairs cannot be completed within thirty (30) days after receipt; of written notice from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions Tenant of the foregoing sentence shall contain necessity therefor, and Landlord commences the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top making of such notice. Subject repairs within said thirty (30) day period and thereafter pursues the completion thereof with reasonable diligence, Landlord shall have additional time as is reasonably necessary to satisfaction of complete the provisions of Section 11.01 with respect same before Tenant has the right to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of exercise any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights remedies set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by itLease, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishincluding this section.
Appears in 1 contract
Samples: Sublease Agreement (Finet Com Inc)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) Landlord shall maintain, repair and Article Eight (Condemnation) and Section 6.04(b) belowreplace the Common Area elements of the Building, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural those portions of the base building (including foundations, systems not located within or exclusively servicing the slabPremises or other leased space, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (structural walls, supporting pillars, foundations, roof and roof membrane of the Building. All costs and expenses incurred by Landlord in connection with the foregoing obligations shall be included in Operating Expenses; provided, however, if any) and utility connections such maintenance, repair or replacement is due to the building acts, omissions or negligence of Tenant or any Tenant Parties (wateras defined in Section 7.07 below), sewerthen Landlord shall nevertheless make such repairs at Tenant’s expense, electricaland Tenant, phone, etc.within ten (10) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time days after receipt of written notice an invoice, shall pay to Landlord all costs and expenses of any such repairs, together with accrued interest at the Agreed Rate from TENANT the date of Landlord’s payment. In addition, Landlord shall be solely responsible (and not as an Operating Expense) for the cost of repairing any defects in the structural components of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunderBuilding in existence as of the date of this Lease, including without limitation Section 6.03 and Section 4.05any existing violations of law, not taking into account any such violations caused by any Alterations made to the Building by Tenant. Tenant shall give Landlord written notice of any needed repairs which are the obligation of Landlord hereunder. It shall then be the obligation of Landlord, after receipt of such notice, to perform the same within a reasonable amount thirty (30) days after such notice; provided, however, that if the nature of time after TENANT’s notice thereof the repairs is such that more than thirty (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required)30) days are reasonably required for performance, then TENANT may, but Landlord shall not be obligated deemed to do so be in default hereunder if Landlord commences such repairs within said thirty (30) day period and without waiving thereafter diligently completes them and provided further, that for purposes of this sentence “commences” includes any steps taken by Landlord to investigate, design, consult, bid or seek permit or other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended governmental approval in connection therewith from TENANT’s subsequentwith such repair. Should Landlord default, financial obligations as provided in Section 12.03 below, in its obligation to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions make any of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 repairs assumed by it hereunder with respect to TENANT’s receipt of recorded non-disturbance agreements from each lenderthe Premises, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, or with respect to the extent Building if such repairs shall be reasonably necessary to Tenant’s use and occupancy of such curethe Premises, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT Tenant shall have the right to install perform such repairs, in which event Landlord, within thirty (30) days after written demand accompanied by detailed invoice(s), shall pay to Tenant the reasonable, actual out-of-pocket costs expended by Tenant for such repairs together with accrued interest at the Agreed Rate from the date of Tenant’s payment, provided that nothing herein shall be deemed to create a right of setoff or withholding by Tenant of Base Rent or Additional Rent or any other amounts due herein. Landlord shall not be liable to Tenant for any damage to person or property as a result of any failure to timely perform any of its obligations with respect to the repair, maintenance or replacement of the Premises, the Building, or the Project or any part thereof, and maintain antennae and/or a satellite dish Tenant’s sole right and remedy (together with its rights under Section 12.03 below) shall be the performance of said repairs by Tenant with the right of reimbursement from Landlord, all in accordance with the terms of this Section 6.01(b). Tenant hereby expressly waives all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any law, statute or ordinance on the roof same subject now or hereafter in effect to make repairs and offset the cost of the PREMISES, subject same against Rent or to applicable law. TENANT shall promptly repair withhold or delay any damage to, the roof payment of the PREMISES which is caused Rent or any other of its obligations hereunder as a result of any default by the installation and maintenance of said antennae and/or satellite dishLandlord under this Section 6.01(b).
Appears in 1 contract
Samples: Work and Interior Specification Standards (Imprivata Inc)
Landlord’s Obligations. Except Landlord shall, as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject part of Operating Costs to the provisions of Section 6.04 regarding repairs during the initial construction warranty periodextent permitted under Article 3 above, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of maintain the structural portions of the roof (Project in good condition and repair, including the foundation, floor/ceiling slabs, roof, roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if anycurtain walls, exterior wallsglass, fire sprinkler system (if any) columns, beams, shafts, stairs, stairwells, elevator cabs and utility connections to common areas, and shall also maintain and repair the building (water, sewerbasic mechanical, electrical, phonelife safety, etc.) in good orderplumbing, condition sprinkler systems and repairheating, ventilating and air-conditioning systems serving the Project (the "Project Systems"), although Tenant shall be responsible, at Tenant's sole cost, for repair and maintenance of any such systems that exclusively service the Premises. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT Should any of the need Project Systems (including, without limitation, any such systems that exclusively serve the Premises such as the heating ventilation and air-conditioning system that exclusively services the Premises ("HVAC System")) require replacement, Landlord shall be responsible for such repairs. If LANDLORD fails to commence to meet any obligation hereunderreplacement, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice replacement cost shall be required), then TENANT may, but shall not be obligated passed through to do Tenant as Additional Rent so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to long as such amount is amortized over the provisions useful life of the foregoing sentence shall contain replaced system in accordance with the words ‘Notice of Intention to Exercise Selffollowing procedure ("Agreed Amortization Procedure"): a monthly straight-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction basis commencing as of the provisions date such replacement is placed into service, over the useful life of Section 11.01 with respect the replaced system (which useful life is deemed to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under years for replacement of any HVAC System units). [NOT APPLICABLE TO SHORT TERM LEASE: Notwithstanding the name ‘99¢ Only Stores’ or foregoing, in the event an R-22 HVAC System unit that exclusively services the Premises fails and cannot be repaired at a cost less than forty percent (40%) of the replacement cost, the unit shall be replaced and the "Initial Aggregate Cost" (defined below) of the replacement of such other name unit(s) shall be paid for by Tenant as may Additional Rent and the remainder of such replacement costs shall be employed by TENANT in its retail operations prior passed through to such assignment. Notwithstanding anything Tenant as Additional Rent pursuant to the contrary contained hereinAgreed Amortization Procedure, TENANT but with such amortization commencing as of the first day of the next calendar year. The term "Initial Aggregate Cost" shall have mean Fifty Thousand Dollars ($50,000.00) in the aggregate for the period which constitutes the first three (3) years of the Term, Forty Thousand Dollars ($40,000.00) in the aggregate for the fourth (4th) year of the Term, Thirty Thousand Dollars ($30,000.00) in the aggregate for the fifth (5th) year of the Term, Twenty Thousand Dollars ($20,000.00) in the aggregate for the sixth (6th) year of the Term, Ten Thousand Dollars ($10,000.00) in the aggregate for the seventh (7th) year of the Term, and Zero Dollars ($0) thereafter. Such amortization payments for any of the first seven (7) years shall commence only after Tenant's payment of the Initial Aggregate Cost for such year. By way of example only, and not as limitation upon the foregoing, if in the fifth (5th) year of the Term, five (5) R-22 HVAC System units must be replaced and if the total aggregate cost of such replacements is $40,000.00 for such year, then the Initial Aggregate Amount for such replacements for such year would be $30,000.00, which amount will be payable by Tenant as Additional Rent within thirty (30) days after Tenant's receipt of paid invoices from Landlord and the remaining $10,000.00 of such replacement costs shall be amortized pursuant to the Agreed Amortization Procedure, with such amortization to begin on the first day of the sixth (6th) year of the Term.] In no event shall Tenant be responsible for the cost of repair, maintenance or replacement of any heating, ventilation or air-conditioning system that does not service the Premises. Except as expressly provided in Section 9(b) below, Tenant waives the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to make repairs at Landlord's expense under any applicable lawLaws. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dish.EXHIBIT "I"
Appears in 1 contract
Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (Cohu Inc)
Landlord’s Obligations. Except as a) Subject to the limitations hereinafter set forth, Landlord agrees, while Tenant is occupying the Premises and is not in breach of, or default under, this Lease, to furnish to Tenant: (i) facilities to provide water at those points of supply both within the Premises and those provided for general use of tenants of the Building; (ii) facilities to provide a supply of electrical current reasonably necessary for general business office use and occupancy of the Premises and electric lighting and supply of electrical current to the common areas of the Building; (iii) heating and refrigerated air conditioning in season; and (iv) elevator and janitorial service to the Premises, all such services to be provided in Article Seven (Damage or Destruction) scope, quality and Article Eight (Condemnation) frequency to those services being customarily provided by landlords in comparable office buildings in the surrounding area. Heating, ventilation and Section 6.04(b) below, air conditioning requirements and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs standards under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice Lease shall be required)subject, then TENANT mayhowever, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) regulations as TENANT has been notified in writing by LANDLORD the Department of Energy or other local, state or federal governmental agency, Board or commission shall adopt from time to time. In addition, at Landlord agrees to maintain the public and common areas of the Building, such addresses as LANDLORD specifies lobbies, stairs, corridors and restrooms, in reasonably good order and condition; provided, however, that Tenant shall reimburse Landlord, upon demand for all repairs and additional maintenance resulting from damages to such notice(s)public or common area caused by Tenant, or its employees, agents or invitees. TENANT will accept a cure Landlord reserves the right, exercisable without notice and without liability to Tenant for damage or injury to property, persons or business and without effecting an eviction, constructive or actual, or disturbance of Tenant's use or possession of the Premises, or giving rise to any claim by Tenant for setoff or abatement of rent, to decorate and to make repairs, alterations, additions, modifications, changes or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises and, during the continuance of any such lender as a curework, to temporarily close doors, entryways public space and corridors in the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help building and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores interrupt or temporarily suspend Building services and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishfacilities.
Appears in 1 contract
Samples: Lease (Old Line Bancshares Inc)
Landlord’s Obligations. Except Landlord shall, as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject part of Operating Costs to the provisions of Section 6.04 regarding repairs during the initial construction warranty periodextent permitted under Article 3 above, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of maintain the structural portions of the roof (Project in good condition and repair, including the foundation, floor/ceiling slabs, roof, roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if anycurtain walls, exterior wallsglass, fire sprinkler system (if any) columns, beams, shafts, stairs, stairwells, elevator cabs and utility connections to common areas, and shall also maintain and repair the building (water, sewerbasic mechanical, electrical, phonelife safety, etc.) in good orderplumbing, condition sprinkler systems and repairheating, ventilating and air-conditioning systems serving the Project (the "Project Systems"), although Tenant shall be responsible, at Tenant's sole cost, for repair and maintenance of any such systems that exclusively service the Premises. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT Should any of the need Project Systems (including, without limitation, any such systems that exclusively serve the Premises such as the heating ventilation and air-conditioning system that exclusively services the Premises ("HVAC System")) require replacement, Landlord shall be responsible for such repairs. If LANDLORD fails to commence to meet any obligation hereunderreplacement, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice replacement cost shall be required), then TENANT may, but shall not be obligated passed through to do Tenant as Additional Rent so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to long as such amount is amortized over the provisions useful life of the foregoing sentence shall contain replaced system in accordance with the words ‘Notice of Intention to Exercise Selffollowing procedure ("Agreed Amortization Procedure"): a monthly straight-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction basis commencing as of the provisions date such replacement is placed into service, over the useful life of Section 11.01 with respect the replaced system (which useful life is deemed to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignmentyears for replacement of any HVAC System units). Notwithstanding anything the foregoing, in the event an R-22 HVAC System unit that exclusively services the Premises fails and cannot be repaired at a cost less than forty percent (40%) of the replacement cost, the unit shall be replaced and the "Initial Aggregate Cost" (defined below) of the replacement of such unit(s) shall be paid for by Tenant as Additional Rent and the remainder of such replacement costs shall be passed through to Tenant as Additional Rent pursuant to the contrary contained hereinAgreed Amortization Procedure, TENANT but with such amortization commencing as of the first day of the next calendar year. The term "Initial Aggregate Cost" shall have mean Fifty Thousand Dollars ($50,000.00) in the aggregate for the period which constitutes the first three (3) years of the Term, Forty Thousand Dollars ($40,000.00) in the aggregate for the fourth (4th) year of the Term, Thirty Thousand Dollars ($30,000.00) in the aggregate for the fifth (5th) year of the Term, Twenty Thousand Dollars ($20,000.00) in the aggregate for the sixth (6th) year of the Term, Ten Thousand Dollars ($10,000.00) in the aggregate for the seventh (7th) year of the Term, and Zero Dollars ($0) thereafter. Such amortization payments for any of the first seven (7) years shall commence only after Tenant's payment of the Initial Aggregate Cost for such year. By way of example only, and not as limitation upon the foregoing, if in the fifth (5th) year of the Term, five (5) R-22 HVAC System units must be replaced and if the total aggregate cost of such replacements is $40,000.00 for such year, then the Initial Aggregate Amount for such replacements for such year would be $30,000.00, which amount will be payable by Tenant as Additional Rent within thirty (30) days after Tenant's receipt of paid invoices from Landlord and the remaining $10,000.00 of such replacement costs shall be amortized pursuant to the Agreed Amortization Procedure, with such amortization to begin on the first day of the sixth (6th) year of the Term. In no event shall Tenant be responsible for the cost of repair, maintenance or replacement of any heating, ventilation or air-conditioning system that does not service the Premises. Except as expressly provided in Section 9(b) below, Tenant waives the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to make repairs at Landlord's expense under any applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLaws.
Appears in 1 contract
Samples: Lease (Cohu Inc)
Landlord’s Obligations. Except as provided Landlord shall keep the Building and the Common Areas on the Building Property in Article Seven (Damage or Destruction) good working order and Article Eight (Condemnation) repair and in a safe, clean and neat condition. Subject to Section 6.04(b) 9.2, below, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice from Tenant (or in the case of emergency, after such oral or written notice, if any, as may be practical under the circumstances), to the Building Structure (including the exterior walls, exterior doors and windows of the Building), the Building Systems, and the Common Areas. If, during the Term (as it may be renewed), Tenant experiences any damage within the Premises due to any water seepage through the parapet wall at the raised planter, subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period11.5, LANDLORD shallLandlord shall promptly, at its Landlord’s sole cost cost, repair, or replace if necessary, such damage and expense, keep shall repair the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slabBuilding Structure and/or Building Systems to correct such water intrusion, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but costs shall not be obligated reimbursable as Operating Expenses or Additional Rent. Without limiting the generality of the foregoing, Landlord covenants and agrees to do so enforce all of Landlord’s rights and without waiving remedies against Healthy Buildings International, Inc., as issuer of the Mold Assessment Report and Clearance Document issued September 9, 2008, for Tenant’s benefit, in the event of any inaccuracy in the subject report or any water seepage, damage or other rights or remedies provided hereunder or problem which arises during the Term and is covered by law, perform any portion of LANDLORD’s obligations the subject report. To the extent such maintenance and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant repair is required due to the provisions act (other than ordinary use as contemplated by this Lease), neglect, misuse, or fault of Tenant, its agents, employees, contractors, licensees or invitees, Tenant shall pay to Landlord the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top cost of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, maintenance and repairs except to the extent Tenant has been relieved of such cureliability pursuant to this Lease, including, without limitation, under Section 11.5. Landlord shall perform all repairs to the Premises and the Building Property (including correction of LANDLORD’s obligations under latent defects and repairs of the Leasehold Improvements (as defined in Section 11.2.1)) except as otherwise expressly agreed to be performed by Tenant pursuant to Section 9.2 of this LEASELease. The self-help cost of such repairs performed by Landlord shall be included in Operating Expenses, unless such cost is subject to exclusion pursuant to Section 4.2.4 above. With respect to Landlord’s repair of damage to Leasehold Improvements which are required to be insured by Tenant pursuant to Section 11.2.1, Tenant shall assign and offset rights make available such proceeds to Landlord as a condition precedent to Landlord’s obligation to perform such repairs, and Tenant shall be responsible for any deductible under such insurance or failure to provide the required insurance. As a material inducement to Landlord entering into this Lease, Tenant agrees that Tenant’s sole right to make repairs at Landlord’s expense shall be as set forth in this Section shall inure solely 9.4 below, and Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Section 1942 of the benefit of 99¢ Only Stores California Civil Code or under any other law, statute or ordinance now or hereafter in effect, and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have Tenant waives and releases the right to install and maintain antennae and/or a satellite dish on the roof terminate this Lease under Section 1932(1) of the PREMISES, subject to applicable law. TENANT shall promptly repair California Civil Code or any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishsimilar or successor statute.
Appears in 1 contract
Samples: Office Lease (Capitalsource Inc)
Landlord’s Obligations. Except Landlord warrants that, as provided of Landlord’s delivery of the Premises to Tenant, (A) the Tenant Improvements shall be in Article Seven compliance with all laws applicable thereto as of the issuance of the building permits therefor, and (Damage or DestructionB) the Common Areas located outside of the Building shall be in compliance with all laws applicable thereto as of the date the Lease Commencement Date is satisfied, and Landlord shall, at its sole cost and expense (and not as a part of Operating Expenses) and as Xxxxxx’s sole remedy, correct any breach of such warranty promptly following receipt of written notice thereof from Tenant. In addition, Landlord shall be responsible, as part of Operating Expenses to the extent permitted under Article Eight 4 above, for making all alterations to the following portions of the Premises and Building required by Laws: (Condemnationi) structural portions of the Premises but not including any Alterations installed by or at the request of Tenant, (ii) all Building Systems and Section 6.04(bEquipment, (iii) belowall appurtenances located within the Premises, except those serving the Premises exclusively, and subject (iv) those portions of the Building located outside the Premises; provided, however, Landlord shall not be responsible for the costs incurred to make alterations to any such portions of the Premises and Building described in clause (i), (ii), (iii), or (iv) above to the provisions extent such alterations are necessary due to the installation of Section 6.04 regarding repairs during Alterations to the initial construction warranty periodPremises by or at the request of Tenant or as a result of Tenant’s use of the Premises for any purpose other than general office, LANDLORD research and development and light manufacturing purposes permitted under the zoning ordinance applicable to the Premises as of the date of this Lease, and Tenant shall, within thirty (30) days of Tenant’s receipt of Landlord’s invoice therefor, reimburse Landlord for all such costs. Except for Landlord’s obligations described in the immediately preceding sentence, and elsewhere in this Lease and in the Tenant Work Letter, Tenant shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and be responsible for compliance with earthquake code), replacement of all Laws affecting the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunderPremises, including without limitation Section 6.03 and Section 4.05, within a reasonable amount the making of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishrequired alterations thereto.
Appears in 1 contract
Samples: Subordination Agreement (GenMark Diagnostics, Inc.)
Landlord’s Obligations. Subject to Article 11, Landlord shall repair and maintain with reasonable diligence after notice thereof from Tenant, defects in, and damage to, the Building Systems installed by Landlord and serving or located on the Premises. If such maintenance and repair is required in part or in whole by the act, neglect, misuse, fault or omission of any duty of Tenant, its agents, employees, contractors, licensees, Tenant’s subtenants shall pay to Landlord the cost of such maintenance and repairs, and Landlord shall have a direct right to seek such reimbursement or payment from Tenant’s subtenants (which right will be provided in each Sublease), except to the extent Tenant has been relieved of such liability under Section 10.5; provided, however, that Tenant’s direct liability to Landlord shall be limited to damage or maintenance and repair obligations arising out of Tenant’s own direct acts. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below11, there shall be no abatement of rent with respect to, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but Landlord shall not be obligated liable for, any injury to do so and without waiving or interference with Tenant’s or its subtenants’ business arising from any other rights repairs, maintenance, alteration or remedies provided hereunder improvement in or by law, perform to any portion of LANDLORD’s obligations the Project or ***Confidential material redacted and deduct all reasonable amounts expended filed separately with the SEC. the Building, including the Premises, or in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant or to the provisions fixtures, appurtenances and equipment therein. Further, neither Landlord nor any partner, director, officer, agent or employee of Landlord shall be liable for any damage caused by other lessees or persons in or about the Project, or for any consequential damages arising out of any loss of use of the foregoing sentence shall contain the words ‘Notice of Intention Premises or any equipment or facilities therein by Tenant or any person claiming through or under Tenant. As a material inducement to Exercise Self-Help Rights’ Landlord entering into this Lease, Tenant waives and releases its right to make repairs at Landlord’s expense under applicable law, statute or ordinance now or hereafter in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lendereffect, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores Tenant waives and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have releases the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to terminate this Lease under applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishlaw or successor statute.
Appears in 1 contract
Landlord’s Obligations. Except as provided in Article Seven Subject to the provisions of paragraph 4.2 (Operating Expenses), 6 (Use), 7.2 (Tenant's Obligations) 7.5, (Condition of Premises Upon Termination) and 9 (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowexcept for damage caused by any negligent or intentional act or omission of Tenant, and Tenant's employees, suppliers, shippers, customers, or invitees, in which event Tenant shall repair the damage, Landlord, at Landlord's expense, subject to reimbursement pursuant to paragraph 4.2, shall keep in good condition and repair the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the (a) foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, b) exterior walls, fire sprinkler system (if anyc) structural condition of interior (i) bearing walls, (ii) structural columns, (iii) structural beams and (iv) Existing Mezzanine, (d) roof (including roof membrane) of the Premises, and (e) parking lots, walkways, driveways, landscaping, fences, signs and utility connections installations of the Common Areas and all parts thereof. Landlord shall not, however, be obligated to paint the building (waterexterior or interior surface of exterior walls, sewernor shall Landlord be required to maintain, electricalrepair or replace windows, phonedoors or plate glass of the Premises, etc.) in good order, condition and repairor to maintain or repair anything required to be maintained by Tenant under paragraph 7.2. LANDLORD Landlord shall have no obligation to make repairs under this Section 6.03 within paragraph 7.1 until a reasonable time after receipt of written notice from TENANT Tenant of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s Without limiting Tenant's self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to timeunder Paragraph 59, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a curebelow, to Tenant expressly waives the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control benefits of any entity statute now or hereafter in effect which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have would otherwise afford Tenant the right to install make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and maintain antennae and/or a satellite dish on the roof repair. Landlord shall not be liable for damages or loss of the PREMISES, subject any kind or nature by reason of Landlord's failure to applicable law. TENANT shall promptly repair furnish any damage to, the roof of the PREMISES which Common Area services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character or by any other cause beyond the installation and maintenance reasonable control of said antennae and/or satellite dishLandlord. In the event Landlord's failure to furnish any Common Area services is due to causes beyond the reasonable control of Landlord, Landlord will use reasonable efforts to reinstate those services as soon as reasonably possible given the circumstances.
Appears in 1 contract
Samples: Lease (Esterline Technologies Corp)
Landlord’s Obligations. Except as It shall be the obligation of Landlord to (i) provide all services to be provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject to by Landlord under the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions terms of the building Master Lease and (including foundationsii) to satisfy all obligations and covenants of Landlord made in the Master Lease. Sublessee acknowledges that Sublessor shall be under no obligation to provide any such services or satisfy any such obligations or covenants; provided, however, that: Sublessor, upon written notice by Sublessee, shall diligently attempt to enforce all obligations of Landlord under the slabMaster Lease (without requiring Sublessor to spend more than a nominal sum, which nominal sum shall be limited to all costs associated with the preparation of and compliance with earthquake codetransmittal to Landlord of documentation from Sublessor or Sublessee's attorneys determining the obligations to be performed by Landlord under the Master Lease). If, replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice request from TENANT of the need for such repairs. If LANDLORD fails Sublessee, Sublessor shall fail or refuse to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof take action (not exceeding 15 days, except in the case of an emergency "Action") or dangerous conditionif Sublessor's action is not, in which event no notice shall be required)Sublessor and Sublessee's mutual judgement, then TENANT may, but shall not be obligated to do so and without waiving any other adequate for the enforcement of Sublessor's rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 against Landlord with respect to TENANT’s receipt the portion of recorded non-disturbance agreements from each lenderthe Premises then occupied by Sublessee, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT Sublessee shall have the right to install take such Action or additional action, including but not limited to litigation, in its own name, and maintain antennae and/or a satellite dish on the roof for that purpose and only to such extent, all of the PREMISESrights of Sublessor as tenant under the Master Lease are hereby conferred upon and assigned to Sublessee, subject and Sublessee shall be subrogated to applicable law. TENANT such rights to the extent that the same shall promptly repair any damage to, apply to the roof portion of the PREMISES Premises then occupied by Sublessee. If any Action against Landlord in Sublessee's name shall be barred by reason of lack of privity, nonassignability or otherwise, Sublessee may take such Action in Sublessor's name; provided that Sublessee has obtained the prior written consent of Sublessor, which is caused consent shall not be unreasonably withheld; and provided, further, that Sublessee shall indemnify, protect, defend by counsel reasonably satisfactory to Sublessor and hold Sublessor harmless from and against any and all claims, demands, actions, suits, proceedings, liabilities, obligations, losses, damages, judgments, costs and expenses (including, without limitation, reasonable attorneys' fees) which Sublessor may incur or suffer by reason of such Action, except to the installation and maintenance extent incurred or suffered by reason of said antennae and/or satellite dishSublessor's negligent acts or omissions.
Appears in 1 contract
Samples: Sublease Agreement (Nvidia Corp/Ca)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below, and subject Subtenant agrees that Sublandlord shall not be required to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions perform any of the building (including foundationscovenants, agreements and/or obligations of Landlord under the slabMaster Lease and, and compliance with earthquake code), replacement insofar as any of the structural portions covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Landlord thereunder, Subtenant acknowledges and agrees that Sublandlord shall be entitled to look to Landlord for such performance. In addition, Sublandlord shall have no obligation to perform any repairs or any other obligation of Landlord under the Master Lease, nor shall any representations or warranties made by Landlord under the Master Lease be deemed to have been made by Sublandlord. Sublandlord shall not be responsible for any failure or interruption, for any reason whatsoever, of the roof (services or facilities that may be appurtenant to or supplied at the Building by Landlord or otherwise, including, without limitation, heat, air conditioning, ventilation, life-safety, water, electricity, elevator service and the roof membrane), the structural portions of the roof top signagecleaning service, if any; and no failure to furnish, the pylon signageor interruption of, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cureservices or facilities shall give rise to any (i) abatement, to the extent diminution or reduction of such cure, of LANDLORDSubtenant’s obligations under this LEASE. The self-help Sublease, or (ii) liability on the part of Sublandlord; provided, however, that if and offset rights set forth in this Section shall inure solely to the benefit extent that any circumstance occurs which Sublandlord receives an abatement of 99¢ Only Stores and only such of its assignees as may be owned by it, rent payable under the control Master Lease, Subtenant will similarly have a parallel right to receive an abatement of itrent hereunder (proportionate to the portion of the Subleased Premises then occupied by Subtenant), under and, further, in the control event of any entity circumstance (for example, but without limitation, casualty damage) which also controls itwould entitle Sublandlord to terminate the Master Lease, or Subtenant may request in writing that Sublandlord exercise such termination right (which own written request shall be provided to Sublandlord not less later than ten (10) stores operated days prior to the deadline for Sublandlord to provide such termination notice pursuant to the terms of the Master Lease), and upon Sublandlord being granted such termination right, or if Sublandlord fails to exercise such termination right within the ten (10) day period specified above and Sublandlord should have been granted such termination right had it exercised its termination right timely, Subtenant will have a similar and parallel right to terminate this Sublease. Notwithstanding the foregoing, Sublandlord shall use good faith efforts, under the name ‘99¢ Only Stores’ or circumstances, to secure such other name as may be employed by TENANT in its retail operations performance upon Subtenant’s request to Sublandlord to do so and shall thereafter diligently prosecute such performance on the part of Landlord; provided, that if such request is made prior to the Phase III Delivery Date, such assignment. Notwithstanding anything request does not prejudice any rights Sublandlord may have under the Master Lease with respect to the contrary contained hereinPhase III Premises. Such good faith efforts shall include, TENANT shall have without limitation: (a) upon Subtenant's request, immediately notify Master Landlord of its non-performance under the right Master Lease and request Master Landlord to install perform its obligations; and maintain antennae and/or a satellite dish on (b) upon Subtenant's request, take appropriate legal action to enforce the roof terms of the PREMISESMaster Lease, subject using attorneys reasonably acceptable to applicable law. TENANT shall promptly repair any damage toSubtenant, the roof provided that Subtenant agrees to pay all costs and expenses of the PREMISES which is caused by the installation Sublandlord reasonably incurred in connection therewith and maintenance of said antennae and/or satellite dishto indemnify, defend and hold Sublandlord harmless from and against all liabilities, claims, expenses, losses and damages arising from such action.
Appears in 1 contract
Samples: Lease (Traeger, Inc.)
Landlord’s Obligations. a. Project Common Areas, Building Common Areas and Complex Common Areas Except as provided for damage caused by any negligent or wrongful act or omission of Tenant, Tenant’s employees, suppliers, shippers, customers or invitees, (in Article Seven (Damage or Destruction) which event Tenant shall repair the damage), Landlord shall keep in good condition and Article Eight (Condemnation) and Section 6.04(b) below, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shall, at its sole cost and expense, keep repair the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system structural condition of interior bearing walls, the roof structure, and the utility main connections (if any) and utility connections to the building (waterplumbing, sewer, gas and electrical) to the Building (“Utility Mains”), phoneas well as providing the other services for which there is an Operating Expense pursuant to Section 4. Landlord shall not be obligated to paint the Premise’s interior walls, etc.repair or replace windows damaged or broken by Tenant, Tenant’s signs, the exterior entry/exit doors or interior plate glass of the Premises. Should the exterior plate glass of the Premises be damaged and such damage (i) in good orderoccurs on more than one occasion within a sixty (60) day period, condition and repair(ii) only affects the plate glass of the Tenant’s Premises, then Tenant shall be responsible for the payment of all insurance deductibles associated with such plate glass damage occurring within sixty (60) days of any prior occurrence of damage against the Premises. LANDLORD Landlord shall make have no obligation to begin repairs under this Section 6.03 within a reasonable time 7.1 until ten (10) days after receipt of written notice from TENANT the Tenant, except for the operations of the need for such repairsHVAC and Utility Mains, which shall be repaired on an emergency basis. If LANDLORD fails Landlord has not performed or undertaken to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in perform the case of an emergency maintenance or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations repair services required under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than Lease within ten (10) stores operated days of such notice from Tenant and such failure has a materially adverse affect upon Tenant’s business operations within the Premises, Tenant may take reasonable action as necessary to make repairs or perform such services and thereafter invoice Landlord for the reasonable cost of such repairs. In case of emergencies, the ten (10) day notice period shall be reduced to such period as is reasonable under the name ‘99¢ Only Stores’ circumstances and Tenant shall only be required to provide oral notice to Landlord. Landlord shall not be liable for damage or loss of any kind or nature by reason of Landlord’s failure to furnish any such other name as may be employed by TENANT in its retail operations prior to service when such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which failure is caused by governmental mandate, strikes, lockout, Tenant interference or other disturbances beyond the installation and maintenance reasonable control of said antennae and/or satellite dishLandlord.
Appears in 1 contract
Samples: Lease Agreement (Switch, Inc.)
Landlord’s Obligations. Except as provided in Subject to the provisions of Section 6.04(a), Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) below), and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty period, LANDLORD shallLandlord, at its Landlord’s sole cost expense and expensenot as a charge to Tenant for maintenance, shall keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) following in good order, condition and repair: the foundations, structural portions, exterior walls and roof of the Property and all components of the electrical, mechanical, plumbing, heating and air conditioning systems and facilities located up to or underneath the Property. LANDLORD However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time thirty (30) days after receipt of written notice from TENANT Tenant of the need for such repairs. If LANDLORD It is the intention of Landlord and Tenant that at all times Landlord shall maintain the portions of the Property which Landlord is obligated to maintain in an attractive, first-class and fully operative condition. In the event Landlord fails to perform any terms, covenants, conditions, or warranties under this Lease or under applicable law, Tenant shall receive one (1) day of rent abatement for each day such non-performance or non-compliance exists after written notice of non-performance or non-compliance from Tenant to Landlord. Additional Rent shall also be abated during such period of rent abatement. In the event Landlord fails to commence to meet perform any obligation hereunderterms, including without limitation Section 6.03 and Section 4.05covenants, conditions, or warranties under this Lease or under applicable law, within a thirty (30) days after written notice from Tenant to Landlord and Landlord’s lender, or Landlord thereafter fails to diligently pursue performance of any terms, covenants, conditions or warranties under this Lease or under applicable law, then Tenant shall have the right, but not the obligation to make the necessary and applicable repairs, or to take the necessary appropriate action, on behalf of Landlord, and Landlord shall credit Tenant’s Base Rent for the reasonable amount cost of time after TENANT’s notice thereof (not exceeding 15 days, except in such repairs or action. In the case event of an emergency or dangerous condition, (any event that in which event no notice shall be requiredTenant’s reasonable opinion poses a potential threat to life and/or property), or in the event that Landlord shall fail to perform any of Landlord’s responsibilities within the period set forth above, then TENANT Tenant shall have the right, but not the obligation to make the necessary and appropriate repairs, or to take the necessary appropriate action, on behalf of Landlord, and Landlord shall promptly reimburse Tenant the reasonable cost of such repairs or action. If Landlord shall fail to fully reimburse Tenant for such costs, Tenant may, but shall not be obligated required to do so and without waiving deduct such amounts from any other rights amounts owing or remedies provided hereunder or by lawto become due, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted together with interest at the top rate of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten percent (10%) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishper annum.
Appears in 1 contract
Samples: Lease Agreement (Guitar Center Inc)
Landlord’s Obligations. Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation) and Section 6.04(b) belowLandlord shall comply with, and subject to the provisions of Section 6.04 regarding repairs during the initial construction warranty periodshall pay all costs incurred in complying with, LANDLORD shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slabany Environmental Law then in effect with respect to, and compliance with earthquake code), replacement of the structural portions of the roof (and the roof membrane), the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good orderenvironmental state, condition and repairquality of, the Land and the Building, including the performance of and payment for any Environmental Cleanup Work and the preparation of any closure or other required plans, excluding, however, any costs related to Hazardous Substances on the Land established to have been caused directly by Tenant's use of the Premises or the Building. LANDLORD Notwithstanding any other provision of this Lease, Landlord shall make repairs and hereby does agree to indemnify, protect, defend and hold harmless Tenant and its partners, directors, officers, employees, shareholders, agents, contractors and each of their respective successors and assigns from and against any and all claims, judgments, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the term of this Lease as a result of or in connection with: (i) Landlord's breach of any covenant contained in this Section 25.3 or (ii) the presence of Hazardous Substances on, under or about the Land which are not the direct result of Tenant's activities on or in the Premises or the Building. In the event of Landlord's breach of any covenant contained in this Section 25.3, and such breach, in Tenant's reasonable judgment, is material or may adversely affect the health or safety of Tenant's employees or business invitees, Tenant shall have the right, in addition to all other remedies provided herein, to (i) terminate this Lease upon ninety (90) days' prior written notice to Landlord (which notice shall be rendered null and void if, within such 90-day period, Landlord cures such breach), or (ii) immediately cease operations within the Premises and have the base rent and any other charges payable by Tenant hereunder fully abated until Landlord has fully cured such breach. Landlord's indemnities provided under this Section 6.03 within a reasonable time after receipt 25.3 shall survive the expiration or earlier termination of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous condition, in which event no notice shall be required), then TENANT may, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by law, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended in connection therewith from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights pursuant to the provisions of the foregoing sentence shall contain the words ‘Notice of Intention to Exercise Self-Help Rights’ in the “Re” line or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s obligations under this LEASE. The self-help and offset rights set forth in this Section shall inure solely to the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls it, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishLease.
Appears in 1 contract
Samples: Lease Agreement (Vtel Corp)
Landlord’s Obligations. Except as otherwise provided in Article Seven this Lease, Landlord agrees to (Damage or Destructioni) keep the parking lots and Article Eight (Condemnation) and Section 6.04(b) belowdriveways in good condition, properly lit, and subject reasonably free of snow and ice, (ii) keep and maintain all landscaped areas in the outdoor portions of the Property in a neat and orderly condition, (iii) maintain, repair and replace the Structure of the Buildings excluding the Alterations; provided, however, that Tenant (and not Landlord) shall be responsible with respect to any condition caused by or related to (A) any misconduct or neglect of Tenant, its Agents, invitees or independent contractors, or (B) the provisions Alterations or Tenant’s Removable Property. As used herein, the term “Structure” means the exterior walls, load bearing portions of the walls, columns, beams, concrete slab, footings, structural beams of the roof, and all Landlord Utilities, as defined in Section 6.04 regarding repairs during 10.2 in each case as necessary to preserve the initial construction warranty periodload bearing capacity thereof, LANDLORD Landlord also shall not be responsible for any maintenance, repair or replacement at the Premises other than as expressly set forth in this Section 9.1. Provided Tenant complies with its repair and maintenance obligations under this Lease and its obligations under Section 5.2, Landlord shall, at its sole cost and expense, keep the foundations, resurfacing or replacement of parking lot surface, structural portions of the building (including foundations, the slab, and compliance with earthquake code), replacement of the structural portions make any necessary replacements of the roof (and the roof membrane)rooftop HVAC units as required in Landlord’s reasonable determination, the structural portions of the roof top signage, if any, the pylon signage, if any, exterior walls, fire sprinkler system (if any) and utility connections to the building (water, sewer, electrical, phone, etc.) in good order, condition and repair. LANDLORD shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from TENANT of the need for such repairs. If LANDLORD fails to commence to meet any obligation hereunder, including without limitation Section 6.03 and Section 4.05, within a reasonable amount of time after TENANT’s notice thereof (not exceeding 15 days, except in the case of an emergency or dangerous conditionthe roof, in order to maintain the roof in a watertight condition and, in the case of the rooftop HVAC units, to provide substantially the levels of heating, ventilating and air conditioning which event no notice the same provide as of the date hereof. All of the costs of Landlord pursuant to this ARTICLE 9 shall be required)included in Operating Expenses, then TENANT mayincluding without limitation, but shall not be obligated to do so and without waiving any other rights or remedies provided hereunder or by lawcapital replacements, perform any portion of LANDLORD’s obligations and deduct all reasonable amounts expended as set forth in connection therewith Exhibit B, Paragraph 6 unless specifically excluded from TENANT’s subsequent, financial obligations to LANDLORD. All notices sent to LANDLORD prerequisite of TENANT’s exercise of its rights Operating Expenses pursuant to the provisions of the foregoing sentence Exhibit B. Landlord shall contain the words ‘Notice never be liable for any failure to perform any of Intention to Exercise Self-Help Rights’ in the “Re” line its maintenance, repair or otherwise prominently noted at the top of such notice. Subject to satisfaction of the provisions of Section 11.01 with respect to TENANT’s receipt of recorded non-disturbance agreements from each lender, TENANT shall send copies of any notice referring to TENANT’s self-help rights to such lender(s) as TENANT has been notified in writing by LANDLORD from time to time, at such addresses as LANDLORD specifies in such notice(s). TENANT will accept a cure by any such lender as a cure, to the extent of such cure, of LANDLORD’s replacement obligations under this LEASE. The self-help Lease unless Tenant has given notice to Landlord of the need to perform the same, and offset rights set forth in this Section shall inure solely Landlord fails to commence to perform the benefit of 99¢ Only Stores and only such of its assignees as may be owned by it, under the control of it, under the control of any entity which also controls itsame within a reasonable time thereafter, or which own not less than ten (10) stores operated under the name ‘99¢ Only Stores’ or fails to proceed with reasonable diligence to complete such other name as may be employed by TENANT in its retail operations prior to such assignment. Notwithstanding anything to the contrary contained herein, TENANT shall have the right to install and maintain antennae and/or a satellite dish on the roof of the PREMISES, subject to applicable law. TENANT shall promptly repair any damage to, the roof of the PREMISES which is caused by the installation and maintenance of said antennae and/or satellite dishperformance.
Appears in 1 contract
Samples: Lease (Caliper Life Sciences Inc)
