Common use of Maintenance and Repairs Clause in Contracts

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 12 contracts

Samples: Lease Agreement (Power REIT), Lease Agreement (Millennium Investment & Acquisition Co Inc.), Lease Agreement (Power REIT)

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Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by, bulbsor resulting from, tubes and tube casingscarelessness, doorsomission, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorsystems thereof, or for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible, shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating and other systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. Owner agrees to make reasonable efforts to minimize interference with the permitted use. Owner will endeavor to give Tenant reasonable advance notice (which may be oral) of such repairs, alterations, additions or improvements. It is specifically agreed that Tenant shall not be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be a separate plenary action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.

Appears in 4 contracts

Samples: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)

Maintenance and Repairs. 7.1 Tenant shallFOUNDATION will manage the design and construction of the Manufacturing Facility, at its expensesubject to SILEVO’s rights under Section 5.1(b). FOUNDATION shall keep the foundation, throughout the Term exterior walls, plate glass windows, exterior entrance doors, exterior entrance door closure devices, and all renewals other exterior openings; window and extensions thereofwindow frames, maintain molding, locks, and hardware; signs, placards, decorations or advertising media of any type, underground utilities and roof of the Manufacturing Facility and furnace in good orderrepair. FOUNDATION will keep SILEVO apprised, condition where applicable, of maintenance and repair work to the Premises, including but not limited Manufacturing Facility and will coordinate any such maintenance and repair work with SILEVO so as to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving minimize the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion disruption of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the TermManufacturing Operations. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant SILEVO shall be responsible for janitorial services the maintenance and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance repair of the PropertyManufacturing Equipment. All SILEVO shall make all needed repairs and replacements of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this SectionManufacturing Equipment, Landlord may, within the Manufacturing Facility (including all utility systems located either within or above ground on 10 days’ prior written notice (except that no notice shall be required in case the outside perimeter of emergencythe Manufacturing Facility), enter except for repairs and replacements required to be made by FOUNDATION hereunder. In the Premises and perform such event the Manufacturing Equipment should become in need of maintenance or repair on behalf of Tenant; provided such entry is required to be made in compliance with Applicable Lawsby SILEVO hereunder, including but not limited toSILEVO shall give prompt written notice thereof to FOUNDATION reasonably describing the maintenance and repair work to be performed, the Marijuana codeManufacturing Equipment affected, and proposed treatment; but in the event a condition arises with respect to the Manufacturing Equipment that either (i) creates a materially unsafe condition or imminent danger to persons with respect to the Manufacturing Equipment, or (ii) materially impairs the Manufacturing Equipment, as determined by FOUNDATION, FOUNDATION may make immediate interim repairs as are necessary to prevent damage from occurring. FOUNDATION and SILEVO shall work together to coordinate maintenance and repair under any available warranties. FOUNDATION may appoint SILEVO as its agent to enforce all such express warranties with respect to the Manufacturing Equipment on a case by case basis, to allow SILEVO to undertake needed maintenance and repairs on an expedited basis when necessary to minimize downtime and impact on the Manufacturing Operations. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred the event the Manufacturing Facility should become in performing such need of maintenance or repair plus an administration fee equal required to 5% be made by FOUNDATION hereunder, FOUNDATION shall give prompt notice thereof to SILEVO; but in the event of such actual a materially unsafe condition or imminent danger to persons with respect to the Manufacturing Facility, as determined by FOUNDATION, FOUNDATION shall make immediate interim repairs as are necessary to prevent damage from occurring. Notwithstanding anything to the contrary contained in this Section 15.7, if a condition arises with respect to the Manufacturing Facility that either (i) creates a materially unsafe condition or imminent danger to persons, or (ii) materially impairs the manufacturing capacity or operation of the Manufacturing Operations, SILEVO shall provide prompt written notice thereof to FOUNDATION and FOUNDATION shall take commercially reasonable costs or expensessteps to address the condition, taking into account the urgency of the situation. Where appropriate, FOUNDATION shall cooperate with SILEVO (e.g., assigning warranty rights) to enable SILEVO to address the condition.

Appears in 3 contracts

Samples: Statement of Work, Triex Module Technology (Solarcity Corp), Agreement

Maintenance and Repairs. 7.1 Tenant shallExcept as otherwise provided in this Article and Articles 12 and 13, at its expense, throughout the Term Sublessor shall keep and all renewals and extensions thereof, maintain in good working order, condition and repair comparable to buildings in similar first-class office parks in the PremisesPortsmouth and Dover, New Hampshire market area the Common Facilities and structural portions of the Building including but not limited to heating the roof, exterior walls, floor slabs, columns, elevators, the plumbing, heating, lighting, and other building standard electrical equipment, ventilating equipment, air conditioning equipment, wallsthe elevators or escalators, floors and ceilings, window exteriors, mechanical and electrical the life safety systems and equipment exclusively serving equipment, utility systems and bathrooms wherever located. Sublessor shall also keep and maintain or cause to be maintained the PremisesCommon Facilities including without limitation the parking lot, electric light fixtureslandscaped areas and other exterior grounds, bulbsstormwater management and drainage facilities, tubes exterior lighting and tube casingsthe driveways, doorswalkways, floor coveringssidewalks, dock doorsentrances and roadways in good order and repair, levelersand shall keep the same reasonably free of debris, plumbing system snow and plumbing fixturesice. Except for repairs for which Sublessor is responsible hereunder, TenantSublessee shall maintain the Premises in the condition the Premises were in on the Rent Commencement Date, reasonable wear and tear, damage resulting from Sublessor’s signs activities or breach of Sublessor’s repair and utility facilities not maintained maintenance obligations, damage by Landlordfire or other casualty and governmental taking excepted. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been All repairs made by Landlord’s contractors either Sublessor or vendors Sublessee shall be done in a good and to extend to Tenant, as workmanlike manner in accordance with all applicable laws. Whenever in this Lease the costs of repairs and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion maintenance are imposed on one of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedparties, Tenant such costs shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall first be paid by Tenant and an expense solely chargeable from available insurance proceeds. Notwithstanding anything in this Lease to Tenant; but if Landlord so electsthe contrary, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord Sublessee shall have the right, upon notice to Tenantin its sole discretion, to undertake the responsibility for preventive maintenance of terminate, in whole or in part, any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations repair, maintenance, cleaning or other services being provided by Sublessor pursuant to maintain and repair this Lease; provided however, that Sublessee shall be accomplished (i) provide Sublessor with at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ least forty-five (45) days prior written notice of such termination, (except that no notice shall be required in case ii) pay Sublessor for all amounts due Sublessor for such services through the date of emergency), enter the Premises termination and (iii) perform such maintenance service or repair on behalf of Tenant; provided services itself or hire a substitute service provider that is reasonably acceptable to Sublessor to carry out any such entry is made in compliance service that Sublessee has terminated with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesSublessor.

Appears in 3 contracts

Samples: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)

Maintenance and Repairs. 7.1 Tenant shallshall take good care of ----------------------- and maintain the Premises (including all plate glass, at its expenseTrade Fixtures, throughout the Term and all renewals and extensions thereofimprovements, maintain additions, or alterations situated in good order, condition and repair the Premises) in a first class, including but not limited to heating clean, and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving safe condition other than damage caused by the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by negligence of Landlord. Landlord Tenant shall use reasonable efforts not commit or allow any waste or damage to extend to Tenant the benefit from warranties be committed on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Project. Tenant shall promptly repair or replace any damage to any part of the sameProject, regardless of whether the benefit of such replacement extends beyond the Termcaused by Tenant or by a Tenant Related Party. Tenant shallHowever, Landlord may, at Tenant’s expenseits option, maintain a preventive maintenance contract providing make such repairs, improvements, or replacements; and Tenant shall repay Landlord on demand the actual costs incurred by Landlord to make such repairs, improvements, or replacements plus an additional charge (as determined by Landlord) to cover administrative overhead. Landlord shall arrange for the regular inspection (at least quarterly) repair and maintenance of the heating foundation, exterior walls, and roof of the Building; the public areas within the Building; the heating, air conditioning conditioning, and ventilation system within the Building; and the facilities providing utility services (other than facilities installed by a licensed telephone or telecommunications provider selected by Tenant) which are located within the Project (collectively, "Landlord's Repair Obligations"). Landlord, however, shall not be required to make any repairs arising as a result of, in whole or in part the act or negligence of Tenant or any Tenant Related Party; and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The the cost of such preventive maintenance contract those repairs shall be paid by Tenant and an expense solely chargeable to the obligation of Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and . In the event that the Premises become in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance need of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Termrepairs which are within Landlord's Repair Obligations, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance give immediate notice to Landlord of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% nature of such actual repair needs; and Landlord shall not be responsible in any way for failure to make any repairs until a reasonable costs or expensestime shall have elapsed after receipt by Landlord of such written notice.

Appears in 3 contracts

Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term (a) Except as otherwise provided in this Lease and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited subject to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such itemsreimbursement, if any, that have been made by Landlord’s contractors or vendors as expressly provide herein, Landlord at its expense shall keep and to extend to Tenantmaintain the Common Areas, as foundation, roof, and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion structural portions of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance walls of the heating Building, and air conditioning system by a licensed the main utility connections serving the Building and qualified heating Common Areas, in good working order and air conditioning contractor, or Tenant shall perform such HVAC inspection and repair consistent with reasonable standards of building maintenance with duly licensed and qualified employee. The cost at all times during the term of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf)this Lease. Landlord shall have the right, upon notice right to Tenant, to undertake grant easements and/or rights-of-way over and across the responsibility for preventive maintenance of any other system or component at Common Areas so long as Tenant’s expenseaccess to the Premises and parking rights are not adversely affected. Tenant shall be responsible for janitorial services and trash removal shall at its expense repair any damage to the roof of the Premises resulting from any penetration of the Premisesroof of the Premises made by Tenant or its agents or contractors for the purpose of installing vents, exhaust fans, or similar devices serving the Premises or for any other purpose. Tenant at its expense shall repair any damage to any portion of the Premises and/or Building caused by the acts or omissions of Tenant or any of Tenant’s expense's contractors, employees, agents, customers, or invitees. Except for those items for which Landlord is responsible pursuant to the first sentence of this paragraph, Tenant at its expense shall keep and Tenant intend thatmaintain the Premises in good, safe, and sanitary condition and repair at all times during the Term, Tenant shall maintain term of this Lease in such manner as Landlord and any insurer of the Premises in good order reasonably may require and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises also as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall may be required to comply with all applicable laws, ordinances, rules, and regulations of any federal, state, or local governmental agency or subdivision having jurisdiction over the Premises. Tenant's responsibilities under this paragraph shall include but are not limited to all plate glass windows and window fixtures and doors and door fixtures in case of emergency), enter the Premises and perform such maintenance the fixtures and equipment serving or repair on behalf constituting a part of Tenant; provided such entry is made in compliance with Applicable Laws, the Premises (including but not limited toto the lighting, heating, air conditioning, ventilating, plumbing, electrical, and sewer and other mechanical systems and equipment serving the Marijuana codePremises). In such casesTenant at its expense promptly shall make any and all repairs and replacements to the Premises and to the fixtures and equipment serving or constituting a part thereof which may be required to comply with the obligations of Tenant under this paragraph, in each case in a good and workmanlike manner using materials, fixtures, and equipment whose quality is at least equal to that of the materials, fixtures, and equipment being repaired or replaced. Upon the expiration or termination of this Lease, Tenant shall reimburse deliver the Premises and the fixtures and equipment constituting a part thereof (excluding Tenant's trade fixtures) to Landlord immediately upon demand for in good condition and repair, reasonable wear and tear excepted. Tenant shall deliver to Landlord prior to occupancy a list of all costs incurred in performing such maintenance items Tenant will consider trade fixtures, and Landlord and Tenant shall agree on the identification of trade fixtures prior to the commencement of the term. Notwithstanding the foregoing provisions of this paragraph, Landlord and Tenant agree that this paragraph shall not be applicable to any damage to or repair plus an administration fee equal to 5% destruction of the Premises falling within the scope of paragraphs 18 and 19 (dealing with insured and uninsured casualties) or paragraph 39 (dealing with eminent domain), which damage or destruction shall be governed by the provisions of such actual and reasonable costs or expensesother paragraphs.

Appears in 2 contracts

Samples: Lease (Solera National Bancorp, Inc.), Lease (Solera National Bancorp, Inc.)

Maintenance and Repairs. 7.1 Tenant shallLandlord shall keep the foundation, at its expensethe exterior walls (except glass; windows; doors; door closure devises; window and door frames, throughout molding, locks, and hardware) and exterior painting or other treatment of exterior walls, and the Term and all renewals and extensions thereof, maintain roof of the leased premises in good orderrepair except that Landlord shall not be required to make any repairs occasioned by the act or negligence of Tenant, condition its employees, subtenants, licensees and concessionaires. Tenant is responsible for maintenance of the common area and common area equipment. If Landlord is responsible for any such repair the Premisesand maintenance, including but not limited Tenant agrees to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordgive Landlord written notice of needed repairs. Landlord shall use make such repairs within a reasonable efforts time. Tenant shall notify Landlord immediately of any emergency repairs. Tenant shall keep the leased premises in good, clean condition and shall at its sole cost and expense, make all needed repairs and replacements, including replacement of cracked or broken glass, except for repairs and replacements required to extend to Tenant the benefit from warranties on such items, if any, that have been be made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendorsunder this section. If any portion repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result by reason of such repairs, and Tenant shall pay to Landlord upon demand as additional rent hereunder the Premises or any system or equipment in cost of such repairs plus interest. At the Premises which Tenant is obligated to repair cannot be fully repairedtermination of this lease, Tenant shall promptly replace deliver the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises leased premises in good order and condition condition, normal wear and appearances reasonably commensurate with the balance of the Propertytear excepted. All of Tenant’s obligations to maintain Normal wear and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectiontear means deterioration which occurs without negligence, Landlord maycarelessness, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance accident or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesabuse.

Appears in 2 contracts

Samples: Commercial Lease, Commercial Lease

Maintenance and Repairs. 7.1 Tenant shallwill repair and maintain the Leased Premises at Tenants' own expense, and make every repair and replacement which may be needed to maintain the Improvements, water, sewer, pumping and heating systems, plumbing system, electrical wiring system, sprinkler system and air conditioning in good condition and repair as the same shall be on the Commencement Date. Tenant agrees to replace all glass with glazing of the same size and quality of that broken. Tenant shall also maintain and repair at its expense, throughout lawn, landscaping, exterior paving and snow removal where applicable. Notwithstanding any other provision of this Lease, the Term Tenant shall not be required to make any repair to the structural members, including roof, exterior walls, and all renewals and extensions thereoffoundations, maintain in good order, condition and repair of the Premises, including but not limited except to heating such extent such repairs are necessitated by the negligence of Tenant or Tenant's overloading the floor or other structural elements or by Tenant's having made substantial additional improvements to the Premises after the Commencement Date repair and air conditioning equipment, walls, floors maintenance of which shall be the responsibility of the Tenant. As of the commencement Date the Landlord will warrant that all structural and ceilings, window exteriors, mechanical systems of Buildings 1 and electrical systems 2 are in good working order and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordrepair. Landlord Tenant shall use reasonable efforts to extend to Tenant have the benefit from of all contractor and subcontractor warranties on such items, if any, that have been relative to the Improvements. If the repairs required to be made by Landlord’s contractors Landlord or vendors and to extend to Tenant are not completed within a reasonable time after request for such repair by the other party, Landlord or Tenant, as and if availablethe case may be, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the rightoption to make such repairs after first giving the other party fifteen (15) days notice of its intention to do so, upon notice to Tenant, to undertake the responsibility for preventive maintenance of and any other system or component at Tenant’s expense. Tenant amounts expended by virtue thereof shall be responsible for janitorial services and trash removal added to or subtracted from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during next month's rent in the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance full amount of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesexpenditures.

Appears in 2 contracts

Samples: Lease (Telaxis Communications Corp), Lease (Millitech Corp)

Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein, subject to reasonable wear and tear Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by, bulbsor resulting from, tubes and tube casingswillful omission, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or willful improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorsystems thereof, or for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible, shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating and other systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. Except as set forth herein, there shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be responsible entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant’s sole remedy at law in such instance will be by law of an action for janitorial services and trash removal damages for breach of contract. Owner agrees to make reasonable efforts to minimize interference with the permitted use. Owner will endeavor to give Tenant reasonable advance notice (which may be oral) of such repairs, alterations, additions or improvements. The provisions of this Article 4 shall not apply in the case of fire or other casualty, which are dealt with in Article 9 hereof. Window Cleaning: 5. Tenant will not clean nor require, permit, suffer or allow any window in the demised premises to be cleaned from the Premisesoutside in violation of Section 202 of the Labor Law or any other applicable law, or of the Rules of the Board of Standards and Appeals, or of any other Board or body having or asserting jurisdiction. Requirements of Law, Fire Insurance, Floor Loads: 6. Prior to the commencement of the lease term , if Tenant is then in possession, and at all times thereafter, Tenant, at Tenant’s sole cost and expense, shall promptly comply with all present and future laws, orders and regulations of all state, federal, municipal and local governments, departments, commissions and boards and any direction of any public officer pursuant to law, and all orders, rules and regulations of the New York Board of Fire Underwriters, Insurance Services Office, or any similar body which shall impose any violation, order or duty upon Owner or Tenant with respect to the demised premises, arising out of Tenant’s particular use or manner of use thereof (as opposed to the permitted use hereunder) or with respect to the building if arising out of Tenant’s particular use or manner of use of the demised premises or the building (as opposed to the permitted use hereunder). Nothing herein shall require Tenant to make structural repairs or alterations or repairs or alterations to the systems to the extent not exclusively servicing the demised premises unless Tenant has, by its manner of use of the demised premises or method of operation therein, violated any such laws, ordinances, orders, rules, regulations or requirements with respect thereto. Tenant may, after securing Owner to Owner’s reasonable satisfaction against all damages, interest, penalties and expenses, including, but not limited to, reasonable attorneys’ fees, by cash deposit or by surety bond in an amount and in a company reasonably satisfactory to Owner, contest and appeal any such laws, ordinances, orders, rules, regulations or requirements provided same is done with all reasonable promptness and provided such appeal shall not subject Owner to prosecution for a criminal offense, or constitute a default under any lease or mortgage under which Owner may be obligated, or cause the demised premises or any part thereof to be condemned or vacated. Tenant shall not do or permit any act or thing to be done in or to the demised premises which is contrary to law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any time carried by or for the benefit of Owner with respect to the demised premises or the building of which the demised premises form a part, or which shall or might subject Owner to any liability or responsibility to any person, or for property damage. Tenant shall not keep anything in the demised premises, except as now or hereafter permitted by the Fire Department, Board of Fire Underwriters, Fire Insurance Rating Organization or other authority having jurisdiction, and then only in such manner and such quantity so as not to increase the rate for fire insurance applicable to the building, nor use the demised premises in a manner which will increase the insurance rate for the building or any property located therein over that in effect for the permitted use. Tenant shall pay all costs, expenses, fines, penalties, or damages, which may be imposed upon Owner by reason of Tenant’s failure to comply with the provisions of this article, and if by reason of such failure the fire insurance rate shall, at the beginning of this lease or at any time thereafter, be higher than it otherwise would be, then, Tenant shall reimburse Owner, as additional rent hereunder, for that portion of all fire insurance premiums thereafter paid by Owner which shall have been charged because of such failure by Tenant. In any action or proceeding wherein Owner and Tenant are parties, a schedule or “make-up” of rate for the building or the demised premises issued by the New York Fire Insurance Exchange, or other body making fire insurance rates applicable to said premises shall be conclusive evidence of the facts therein stated and of the several items and charges in the fire insurance rates then applicable to said premises. Tenant shall not place load upon any floor of the demised premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Owner reserves the right to reasonably prescribe the weight and position of all safes, business machines and mechanical equipment. Such installations shall be placed and maintained by Tenant, at Tenant’s expense. Landlord , in settings sufficient, in Owner’s reasonable judgment to absorb and Tenant intend thatprevent vibration, at all times during the Term, Tenant shall maintain the Premises in good order noise and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesannoyance.

Appears in 2 contracts

Samples: Agreement of Sublease (Liquid Holdings Group, Inc.), Office Lease (Liquid Holdings Group, Inc.)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term4. Tenant shall, at Tenant’s expensethroughout the term of this lease, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance take good care of the heating demised premises and air conditioning system by a licensed the fixtures and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demise premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or approvals and certificates to Owner and Tenants agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.WINDOW CLEANING:

Appears in 2 contracts

Samples: Callnow Com Inc, Callnow Com Inc

Maintenance and Repairs. 7.1 (a) Tenant shall, in a commercially reasonable manner, manage, maintain, repair, replace, clean, secure, protect, defend and keep in good condition, repair and appearance and in compliance with all governmental requirements and laws the Premises and all improvements and appurtenances and all utilities, facilities, installations and equipment used in connection therewith, except as expressly provided in Section 5.18, including the structural elements of all walls, roof decks, floor slabs and foundations, all floor coverings, roof waterproofing and membranes, glass, windows, doors, partitions, exterior lighting, elevators, electrical, telecommunications, plumbing, heating, ventilating and other building systems, pipes, drains, water and sewage systems and other fixtures or equipment serving the Premises. Without limitation, Tenant shall provide all cleaning, painting, janitorial services, security, rubbish disposal, periodic exterior waterproofing treatments to the Premises, window caulking, maintenance of all gas, water, electric, telecommunications and other utility lines from surrounding ways to the Premises, and shall repair and maintain the grounds and landscaping, roads, parking areas (including periodic resurfacing), and walkways appurtenant to the Premises, and shall provide landscaping and snowplowing services thereto, keeping the Premises and all improvements and appurtenances in at least as good condition as on the Commencement Date, reasonable wear and tear excepted, except as expressly provided in Section 5.18. Tenant shall not injure, overload, deface, or commit waste in the Premises nor use or permit any use of the Premises that is improper or offensive or that constitutes a nuisance. Except as expressly provided in Section 5.18, Tenant shall make promptly all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes and repairs of every kind that may be required to be made to keep and maintain the Premises in good condition, repair, and appearance, reasonable wear and tear excepted. Tenant shall keep the Premises orderly and free and clear of rubbish. Tenant shall keep the Premises equipped with fire extinguishers and other safety appliances as are required by applicable laws and the insurance required to be carried by Tenant hereunder and as otherwise reasonably appropriate for Tenant's use. Tenant covenants to perform or observe all terms, covenants or conditions of any Title Documents or any maintenance agreement to which it may at any time be a party or to which the Premises may be subject and Landlord shall have no obligations whatsoever thereunder. Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend enforce compliance with any provisions of any Title Documents or maintenance agreement having a material effect on the value or use of the Premises by any other person subject to Tenant such agreement. Landlord shall not be required to maintain, repair or rebuild, or to make any alterations, replacements, or renewals of any nature to the benefit from warranties on such itemsPremises, if anyor any part thereof, that have been made by Landlord’s contractors whether ordinary or vendors and extraordinary, structural or nonstructural, foreseen or not foreseen to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of maintain the Premises or any system part thereof in any way, except as expressly provided in Section 5.18. Tenant hereby expressly waives the right to make repairs at the expense of Landlord that may be provided for in any law. To the maximum extent permitted by law, Tenant assumes all risk of damage or equipment in injury to any person or property located in, on, or about the Premises which Tenant is obligated to repair canand Landlord shall not be fully repairedliable for any loss or damage to person or property resulting from any accident, Tenant shall promptly replace theft, vandalism, or other occurrence on the same, regardless of whether the benefit of such replacement extends beyond the TermPremises. Tenant shall, at Tenant’s expensein all events, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractormake all repairs, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises replacements and perform such maintenance or repair on behalf of Tenant; provided such entry and other work for which it is made responsible hereunder promptly, in compliance with Applicable Lawsa good, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual proper and reasonable costs or expensesworkmanlike manner at its sole cost and expense.

Appears in 2 contracts

Samples: Lease (Parlex Corp), Lease (Parlex Corp)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 2 contracts

Samples: Lease Agreement (Millennium Sustainable Ventures Corp.), Lease Agreement (Power REIT)

Maintenance and Repairs. 7.1 Tenant shall(a) Tenant, at its expense, throughout (i) shall keep the Term Leased Premises and all renewals fixtures contained therein in a safe, clean and extensions thereofneat condition, maintain and (ii) shall bear the cost of maintenance and repair, except for ordinary wear and tear, by contractors selected through a bidding process in good orderaccordance with Nueces County Purchasing Policies, condition of all facilities which are not expressly required to be maintained or repaired by Landlord and repair which are located in the Leased Premises, including but including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities. Tenant shall make all repairs to the Leased Premises not limited required to heating be made by Landlord with replacements of any materials to be made by use of materials of equal or better quality to those existing on the Leased Premises at the commencement of this Lease. Tenant shall do all decorating, remodeling, alteration and air conditioning equipmentpainting required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Leased Premises or the Building made necessary by any negligence or willful misconduct of Tenant or any of its assignees, wallssubtenants, floors and ceilingsemployees or their respective agents, window exteriorsrepresentatives, mechanical and electrical systems and equipment exclusively serving contractors, or other persons permitted in or invited to the PremisesLeased Premises or the Building by Tenant, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts except to extend to Tenant the benefit from warranties on such items, if any, that have been made extent the repair or replacement is covered by Landlord’s contractors insurance or vendors and the insurance Landlord is required to extend to Tenantmaintain under the terms of this lease, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, provided Tenant shall promptly replace reimburse the same, regardless amount of whether the benefit of Landlord’s deductible payment under such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expenseinsurance coverage. If Tenant fails to maintain and repair make such repairs or replacements within fifteen (15) days after written notice from Landlord after the Premises as required by this Sectionoccurrence of such damage, Landlord maymay at its option make such repairs or replacements, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand pay Landlord for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesthe cost.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement

Maintenance and Repairs. 7.1 Tenant shall(a) Subject to Tenant’s responsibilities set forth in Paragraph 14 (d), at its expense, throughout Landlord shall keep the Term Building and all renewals machinery, equipment and extensions thereoffixtures attached to, maintain or used in good order, condition and repair connection with the Premisesoperation of the Building, including but not limited to heating and all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, cleaning, refrigeration, ventilating, air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical elevator systems and equipment exclusively serving the Premises(excluding, electric light fixtureshowever, bulbslines, tubes improvements, systems and tube casingsmachinery for water, doorsgas, floor coverings, dock doors, levelers, plumbing system steam and plumbing fixtures, electricity owned and maintained by any public utility company or governmental agency or body and excluding also any of Tenant’s signs property) in good order and utility facilities not maintained by Landlordrepair, consistent with similar properties in the Sterling, Virginia area. Landlord reserves the right of access to the Premises for the purposes of such operation, cleaning, maintenance, safety, security and repairs, and agrees that it shall use reasonable efforts (except in the case of emergency) to extend provide reasonable advance notice to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and of its intent to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of enter the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of for such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employeepurposes. The cost of such preventive maintenance contract shall be paid by Tenant for maintaining the Building and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition repair as contemplated by this paragraph 14 (a) shall be an Operating Cost for purposes of paragraph 11 hereof. There shall be no abatement in rents due and appearances reasonably commensurate payable hereunder and no liability on the part of Landlord by reason of any inconvenience, annoyance or disruption arising from Landlord’s making reasonable repairs, additions or improvements to the Building or Premises in accordance with its obligations hereunder. Notwithstanding the above, if, pursuant to this Lease, Landlord performs any work or interrupts any service that Landlord is required to supply, Landlord agrees to cooperate with the balance reasonable requests of Tenant to perform such work, or to schedule such service interruption, as the case may be, in a manner designed to minimize, to the extent practicable, any interference with Tenant’s business, provided Tenant’s requests do not increase the cost to Landlord of performing such work (unless Tenant agrees in writing prior to the commencement of such work to reimburse Landlord for any such additional costs). Notwithstanding the foregoing, if Landlord’s performance of its work in the demised premises, or interruption of services, as the case may be, during regular business hours results in a material interruption in Tenant’s business operations in a material portion of the PropertyPremises and requires Tenant to cease its business operations in the affected portion of the Premises for more than five (5) consecutive business days, then unless Landlord performs such work or interrupts such service at other than regular business hours without charge to Tenant, the Rent shall be abated pro rata based on the area so affected for each business day in excess of five (5) consecutive business days that such cessation shall continue. All Except to the extent expressly permitted by this Lease, Tenant will not do or permit anything to be done in the Premises or the Building of which they form a part or bring or keep anything therein which shall in any way increase the rate of fire or other insurance for said Building, or on the property kept therein, or obstruct, or interfere with the rights of other tenants, or in any way injure or annoy them, or those having business with them, or conflict with them or conflict with the fire laws or regulations, or with any insurance policy upon said Building or any part thereof, or with any statutes, rules or regulations enacted or established by the appropriate governmental authority. If any increase in the rate of fire insurance or other insurance is stated by any insurance company or by any insurance rate bureau due to any activity or equipment of Tenant, such statement shall be conclusive evidence that the increase in such rate is caused by such activity or equipment, and Tenant shall be liable for such increase and shall reimburse Landlord therefor upon demand, and any such sum shall be considered additional rent payable hereunder. Landlord shall use commercially reasonable efforts to notify Tenant of any such increase in rates occurring as a result of Tenant’s obligations activities, in order that Tenant might consider modifying or discontinuing such activities so as to maintain and repair avoid, reduce, or reverse such increase. In the event Landlord elects to make substantial improvements or additions to the Building, Property or Premises, such improvements or additions shall not adversely affect Tenant’s use of or access to the Premises unless Landlord has obtained the prior written consent of Tenant, which consent shall not be unreasonably withheld, to make such improvements or additions which affect Tenant’s Premises in an adverse manner. Landlord shall be accomplished at free to make improvements or additions to the Building, Property or Premises which do not have an adverse effect on Tenant’s sole expense. If Tenant fails use of or access to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesPremises.

Appears in 2 contracts

Samples: Deed of Lease (Maravai Lifesciences Holdings, Inc.), Deed of Lease (Maravai Lifesciences Holdings, Inc.)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term4. Tenant shall, at Tenant’s expensethroughout the term of this lease, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance take good care of the heating demised premises and air conditioning system by a licensed the fixtures and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.Window Cleaning:

Appears in 2 contracts

Samples: Agreement (Edison Schools Inc), Agreement (Edison Schools Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term Landlord shall be responsible for all repairs and all renewals and extensions thereof, maintain in good order, condition and repair maintenance to the Premises, including but with the exception of (i) such repairs necessitated by Resident’s intentional or negligent misuse of the Premises which shall be the responsibility of Resident; and (ii) the replacement, as needed, of batteries in the smoke detectors and CO detectors, and all interior and exterior light bulbs in the Premises which shall be the responsibility of Resident. (iii) the replacement of the air-conditioning filter, which Resident is responsible to change at least once per month. If repairs are necessary due to Resident’s neglect or misuse Landlord has the right to make repairs without Resident’s approval and bill these repairs to Residents. Once Landlord is aware of needed repairs, they have the right to make such repairs as soon as they see fit without further notice to Resident, and Landlord does not limited have any obligation to heating and air conditioning equipmentallow Resident to make such repairs. Resident shall promptly inform Xxxxxxxx, wallsor its agent, floors and ceilingsin writing, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained of any necessary repairs which need to be performed by Landlord. If Resident fails to notify Landlord of any issues and this leads to additional damage, Resident will be responsible for the cost of the repairs of any additional damage. Resident shall use reasonable efforts to extend to Tenant keep the benefit from warranties on such items, if any, that have been made Premises and the items furnished by LandlordLandlord in good and clean condition. Resident shall promptly reimburse Landlord within five (5) days for all costs for necessary repairs or replacements necessitated by Resident’s contractors intentional or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion negligent misuse of the Premises or any system or equipment items furnished by Landlord, otherwise Resident will be subject to the same late fees described in the Premises which Tenant Rent Payment section of this Lease Agreement. Landlord, its officers, agents and employees, shall not be liable in any manner for any loss, injury or damage to Resident, its agents and guests, due to outstanding repairs. Xxxxxxxx’s sole obligation is to be reasonably diligent in Landlord’s effort to execute necessary maintenance repairs. If Landlord uses a third party to make repairs, Landlord is not obligated to repair cannot be fully repairedprovide receipts, Tenant shall promptly replace and may increase charges to account for Landlord’s time spent on the same, regardless of whether matter. Landlord has the benefit of such replacement extends beyond right to preform regular inspections and make repairs during the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance term of the heating lease, and air conditioning system by a licensed and qualified heating and air conditioning contractorcharge Resident for such repairs in as timely manner. Without providing concession, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable Landlord has the right to Tenant; but if Landlord so elects, same may be billed directly by Landlord make improvements to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times Unit during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance term of the Property. All of Tenant’s obligations lease, while the Unit is occupied, and will make every effort to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails minimize disturbance to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesResident.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Maintenance and Repairs. 7.1 Tenant shallLandlord will maintain all Common Areas and Systems serving the Common Areas, at its expensethe roof, throughout downspouts, gutters, foundation, and the Term exterior walls (and all renewals and extensions thereof, maintain any structural interior walls or other structural elements) of the Building in good orderrepair, condition reasonable wear and repair tear excepted. Tenant will repair, replace and pay for, any damage to the Premisesforegoing caused by the negligence or misconduct of Tenant or any Tenant Party, including but or caused by Tenant’s default hereunder. The term “walls” as used herein will not limited to heating and air conditioning equipmentinclude windows, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casingsglass or plate glass, doors, floor coveringsspecial store fronts or office entries. Tenant will promptly give Landlord written notice of defect or need for repairs, dock doorsafter which Landlord will have reasonable opportunity to repair same or cure such defect. Landlord's liability with respect to any defects, levelersrepairs or maintenance for which Landlord is responsible under any of the provisions of this Lease will be limited to the cost of such repairs or maintenance or the curing of such defect. Tenant will at its own cost and expense maintain, plumbing system repair and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant replace the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion entirety of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required those for which Landlord is expressly responsible under the terms of this Lease) in case of emergencyas good condition as received (ordinary wear and tear excepted), enter the Premises promptly making all necessary repairs and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Lawsreplacements, including including, but not limited to, heating, ventilation, cooling, plumbing, telecommunications, electrical and any other systems (the Marijuana code“Systems”) within or serving the Premises, lighting fixtures, ballasts and bulbs, windows and window treatments, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, and floors and floor coverings within or serving the Premises unless any such damage is caused by parties other than Tenant or a Tenant Party. In Landlord shall insure that the Systems will be in good working order and condition upon the Commencement Date. Landlord shall assign to Tenant all warranties that are legally assignable, and if not assignable, shall cooperate with Tenant to enforce such caseswarranties. Landlord agrees to assign, to the extent legally assignable, any and all manufacturers’ warranties for the Tenant Improvements, directly to the Tenant, which warranties shall include, but not be limited to, warranties for the Systems, which shall be the standard warranties available from the manufacturers. Additionally, Landlord acknowledges and agrees that any replacements made to any Systems, or any material components thereof (during the last 24 months of the then-existing Lease Term), shall be made by Landlord, and amortized over its useful life, and charged as a capital expense under the Operating Expense formula. Subject to compliance with any notice and right to cure provisions contained in this Lease, if Tenant shall fail to fulfill its obligations under this Section, the Landlord may enter upon the area of the Building or the Premises as required to perform the obligations of the Tenant, and will be entitled to reimbursement from the Tenant for its actual costs and expenses in conducting such obligations. The Tenant will reimburse the Landlord immediately for its actual costs and expense promptly upon demand for all costs incurred in performing such maintenance made by the Landlord. The provisions of this subparagraph will not be interpreted to obligate the Landlord to perform obligations of the Tenant. Tenant will not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and will, at its sole cost and expense, promptly repair plus an administration fee equal any damage or injury to 5% of such actual and reasonable costs any demising wall caused by Tenant or expensesany Tenant Party.

Appears in 2 contracts

Samples: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)

Maintenance and Repairs. 7.1 Landlord represents and warrants at the Commencement Date and for the duration of the lease Term that the Premises will be in good working order and repair and maintain all equipment in good operating condition. Tenant shallaccepts the property as of the Commencement Date in an “AS IS” condition upon assuming possession of the Premises. Landlord will correct all construction defects, at its expensewhether structural or not, discovered within one year of the Commencement Date, or such longer period as may be specified in an applicable contractor’s, subcontractor’s, or materialmen’s warranty. In addition, Landlord will make all necessary structural repairs to the Premises throughout the Term of this Lease. The structural items for which Landlord shall be responsible are the roof, exterior walls, the bearing walls (if such walls have not been changed by Tenant), the support beams, the columns, the concrete floor slabs, the plumbing system below the floor level of the facility (obstruction caused by Tenant shall be Tenant’s responsibility to correct), except those damages that are caused by the Tenant’s negligence. Tenant agrees to give prompt notice to Landlord of any defects or other hazardous conditions required to be repaired or remedied by Landlord. If the repairs required to be made by Landlord or Tenant are not completed within a reasonable time after request for such repair by the other party, Landlord or Tenant, as the case may be, shall have the option to make such repairs after first giving the other party fifteen (15) calendar days’ notice of its intention to do so, and all renewals and extensions thereofany amounts expended by virtue thereof shall be added to or subtracted from the next month’s rent in the full amount of the expenditures. Landlord, during the Term of this Lease, shall maintain in good order, condition and repair when needed all of the Premisesmechanical equipment (“HVAC system”), including but not limited to heating and air conditioning equipmentunits, wallsplumbing, floors and ceilings, window exteriors, mechanical and electrical systems units, in a good condition and equipment exclusively serving the Premisesgood state of repair. Further, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance service contract providing for on the regular inspection (at least quarterly) and maintenance of the heating and air conditioning HVAC system by with a licensed and qualified reputable heating and air conditioning contractor, or providing for regular routine maintenance, changing of filters and lubricating the HVAC system. Such maintenance and repair and service contract shall be included in Operating Expenses as described in Article 4C hereof. Tenant shall perform keep the Premises free and clear of rodents, bugs and vermin, and Tenant shall use, at its cost and at such HVAC inspection intervals as Landlord shall reasonably require, a reputable pest extermination contractor to provide extermination services in the Premises. Notwithstanding the above, if Landlord reasonably determines that an extermination service needs to be provided to the entire Building in order to eliminate pests from the entire Building, Landlord shall contract for such extermination services and maintenance include the cost of such services in Operating Expenses. Landlord shall provide Tenant with duly licensed advance notice of any such extermination services to be made to the Premises by Landlord within a reasonable period of time. Tenant shall keep the Premises clean and qualified employeeorderly and shall not cause the common areas to become disorderly, cluttered, dirty or trashed at any times and shall not cause refuse to accumulate around any portion of the Property. Trash shall be stored in a sanitary and inoffensive manner inside the Premises or in screened areas approved by Landlord, and Tenant shall cause the same to be removed at reasonable intervals. Landlord shall provide Tenant with five suite keys at no cost to Tenant. All keys are on “Do Not Duplicate” blanks, and numbered for Tenant’s security. These keys cannot be reproduced unless they are done by Landlord’s locksmith. If additional keys are required by Tenant, Tenant shall contact Landlord in order that Landlord may authorize the issuance of such keys. The cost of any such preventive maintenance contract additional keys shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensespay.

Appears in 2 contracts

Samples: Lease Agreement (Chelsea Worldwide Inc.), Lease Agreement (Clene Inc.)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Termfixtures and appurtenances therein. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. [4.1] Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal from the Premisessystems and equipment hereof, whether requiring structural or nonstructural repairs causes by, or resulting from, carelessness, omission, neglect or improper conduct of tenant, Tenant’s subtenants, agents, employees, invitees or licensee, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant or any subtenant, or arising out of the installation, use or operations of this property or equipment of Tenant or any subtenant Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s expenses, all repairs in and to the demised premises for which Tenant’s responsible, using only the contractor for the trade or trades in question, selected from a list of at least per trade submitted by Owner. Any other [All] repairs in or to the building or the facilities and systems thereof, for which Tenant is responsible, shall be performed by Owner at the Tenant’s expense. Landlord Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant intend thatagrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for dinisution of rental value and no liability on the part of Owner by reason of inconvenience, at all times during annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the Termbuilding or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. [4.2] It is specifically agreed that Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.

Appears in 2 contracts

Samples: Sub Lease Agreement (Loxo Oncology, Inc.), Sub Lease (Loxo Oncology, Inc.)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain LESSEE shall keep in good order, condition and repair repair, the Premisesinterior of said premises, including but not limited to heating and air conditioning equipmentwithout limitation, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casingswindows, doors, floor coveringsshow cases, dock doorsceiling, levelersfloors, plumbing system and plumbing fixturesinterior walls, Tenant’s signs and utility facilities not with the exception of painting the interior walls which shall be maintained by LandlordLESSOR. Landlord LESSEE shall use reasonable efforts to extend to Tenant be responsible for keeping the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendorsleased premises clean. If LESSEE refuses or neglects to discharge its obligations noted above to the reasonable satisfaction of LESSOR, LESSOR may make such repairs or undertake such maintenance without liability for any portion loss or damage that may accrue to LESSEE's merchandise, fixtures or other property. Upon completion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedsuch work, Tenant LESSEE shall promptly replace reimburse LESSOR for all costs incurred or LESSOR may deduct such costs from the money deposited with LESSOR. LESSEE shall return the premises at the expiration of this lease in as good condition as it received the same, regardless ordinary wear and tear excepted. LESSEE shall not have the right to make any alterations, improvements or additions to the premises without first obtaining LESSOR'S written consent. LESSEE shall have the right to install show cases or equipment which may be removed at the expiration of whether this lease with the benefit approval of such replacement extends beyond the Termairport manager, provided LESSEE is not in default, and providing further that LESSEE shall restore the premises to its pre-installation condition. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing LESSEE shall be liable for the regular inspection (at least quarterly) costs of all repairs to the premises made necessary by reason of any act or omissions of the LESSEE, or its agents or servants, or by its customers. LESSOR shall keep in good order, condition and maintenance repair, the basic equipment supplied by LESSOR under the terms of this lease, such as the freezer, refrigerator, stove, grill, ice machine and disposal and all exterior parts of the building, including by way of illustration, foundation, roof, sewers, service pipeline, lines up to and including the meters, permanent canopies, exterior walls, gutters, down spouts and exterior painting, and LESSOR shall maintain the heating and air conditioning system by a licensed system. LESSOR shall also maintain and qualified heating clean all public and air conditioning contractorcommon areas of the building, or Tenant including the restrooms. LESSOR shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall also be responsible for janitorial services cleaning and trash removal from maintaining the Premises, at Tenant’s expensehood vents. Landlord and Tenant intend that, at all times during the Term, Tenant LESSOR shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance not be required to make any repairs of the Property. All structural parts of Tenant’s obligations to maintain and repair the building, which become necessary or desirable by reason of any act or negligence of LESSEE, its agents, invitees or employees, in which event the same shall be accomplished the obligation of LESSEE. LESSEE shall forthwith at Tenant’s sole its own cost and expense. If Tenant fails to maintain and repair , replace with glass of the Premises as required by this Sectionsame quality, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance any cracked or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Lawsbroken glass, including but not limited toplate glass, and any interior and exterior windows and glass in the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance doors of the demised premises when the breakage is caused by LESSEE or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesLESSEE'S invitees.

Appears in 2 contracts

Samples: Airport Café Lease Agreement, Airport Café Lease Agreement

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 2 contracts

Samples: Lease Agreement (Power REIT), Lease Agreement (Power REIT)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout At the Term time of lease commencement and all renewals and extensions thereof, maintain in good order, condition and repair prior to Tenant's possession of the Premises, including but not limited Tenant and its architect and project manager shall prepare and deliver to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by LandlordLandlord a written punch list of then-known building deficiencies. Landlord shall use correct all such deficiencies within thirty (30) days after receipt of said written punchlist, except if the nature of the deficiency is such that it cannot be corrected in thirty (30) days, then Landlord shall have an additional reasonable efforts amount of time within which to extend correct the particular deficiency. If Landlord does not correct any deficiency within the time period permitted above, then Tenant shall have the right to Tenant the benefit from warranties on such items, if any, that have been made do so and upon completion thereof and delivery to Landlord of written documentation substantiating costs incurred and payment thereof by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendorsshall pay Tenant said costs (inclusive of an administrative cost of 10%) within thirty (30) days after receipt of same. If Landlord does not pay any portion amounts due under the preceding sentence within said thirty (30) day period, then Tenant may deduct the cost thereof from the next installment(s) of Rent payable under the Lease. Tenant's occupancy of the Premises or any system or equipment preparation of a punch list shall not reduce Landlord's obligation to construct the space in accordance with the Premises which Final Plans (defined in Exhibit B). Landlord agrees to cooperate with Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallenforce, at Tenant’s 's sole cost and expense, maintain a preventive maintenance contract providing for any express warranties or guaranties of workmanship or materials given by subcontractors or materialmen that guarantee or warrant against defective workmanship or materials and to cooperate with Tenant in the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premisesenforcement, at Tenant’s 's sole cost and expense. Landlord and Tenant intend that, at all times during of any service contracts that provide service, repair or maintenance to any item incorporated in the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of TenantBuilding; provided that Landlord will not charge Tenant for Landlord's employees' time in such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensescooperation.

Appears in 1 contract

Samples: Lease Agreement (Harvard Bioscience Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. The Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services maintenance of the building structure, the building roof of the building HVAC, hot water heater and trash removal from mechanical system(s), the Premisesexterior brick / CMU block finish of building, the common area(s) and the parking lot, with the cost of such maintenance to be included within the Tenant(s) lease rate. In the event the negligence or willful actions of Tenant 1, its invitees, contractors or agents causes damages to the leased premises, the building, common areas or parking lot owned by the Landlord, Tenant 1 shall be liable for any damages and claims above and beyond the regular dues charged as CAM, with Tenant 1 to be responsible for such costs by payment as additional rent, within 10 days of receipt of an invoice. All other maintenance and repairs of leased premises shall be performed by Tenant 1, at Tenant’s its own sole expense. Landlord , including all necessary repairs to electrical systems, window glass, doors, fixtures, interior decorations, and Tenant intend that, at all times during other appliances and appurtenances belonging thereto which are not specifically the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance obligation of the PropertyLandlord as set forth herein. Such repairs and replacements, interior and exterior, ordinary as well as extraordinary, shall be made promptly, as and when necessary. All of Tenant’s obligations to maintain such repairs and repair replacements shall be accomplished in quality and class at Tenant’s sole expenseleast equal to the original work. If On default of Tenant fails to maintain and repair 1 in making such repairs or replacements, the Premises as required by this Section, Landlord may, on 10 days’ prior written notice but shall not be required to, make such repairs and replacements for Tenant 1, and the expense thereof shall constitute and be collectable as additional rent, together with interest thereon at the rate of eighteen percent per annum until paid. Tenant 1 shall not allow or permit any waste of the leased premises, and shall keep the leased grounds (except that no notice Main Street frontage inclusive, excluding alley & parking area) free from accumulations of trash or debris. The Landlord shall be required in case responsible for periodic washing of emergency)the Main Street façade and bi-weekly cleaning of the common area bathroom(s) & kitchenette. Tenant 1 shall be responsible for ground floor elevation snow removal, enter watering and maintaining the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance landscaped area within Main Street associated with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesleased premises.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. 7.1 Tenant shallLandlord shall be responsible for maintenance, at its expenserepair and replacement of all the exterior and structural elements of the Facility, throughout including the Term exterior walls, windows, foundation, roof, gutters, down spouts (collectively, the "Facility Structure"), and the common areas, abutting sidewalks, driveways and asphalt and all renewals general mechanical, plumbing, sprinkler, life safety, HVAC and extensions thereofelectrical systems serving the Facility (collectively, the "Facility Systems"). Landlord shall perform such repairs, maintenance and replacements promptly once Landlord has knowledge of the need for the same. Subject to the foregoing, Tenant covenants to perform routine repairs and maintenance of the Premises, with a cap of Five Hundred and 00/100 Dollars ($500.00) per event and to promptly make all necessary interior repairs to the Facility, provided, however, in no event shall Tenant be responsible for capital repairs or improvements to the Premises or Facility. In addition, Tenant shall not be responsible to put the Premises or Facility in a better state of repair than exists on the Commencement Date. Tenant shall keep and maintain the Property in good order, a clean and sanitary condition and repair shall not permit the accumulation of rubbish, liquid waste, or refuse on the Premises. Tenant will be responsible for landscaping. Tenant shall also be responsible for the removal of ice and snow from the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit costs of such replacement extends beyond the Termremoval. Tenant shallIn carrying out their respective responsibilities, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall covenant to one another to maintain the Premises in good order accordance with all applicable laws, regulations, ordinances, statutes, rules, orders, and decrees of federal, state, municipal, and local governmental authorities. Tenant will permit Landlord and its agents at all reasonable times and upon reasonable advance written notice (at least three (3) business days) during the Term to enter the Premises and examine the state of repair and condition and appearances reasonably commensurate with the balance thereof. Upon receipt of an invoice from Tenant, Landlord agrees to pay Tenant for Landlord’s Proportionate Share of the Property. All of Tenant’s obligations costs to maintain and repair shall be accomplished at TenantLandlord’s sole expense. If Space and the Common Areas as set forth in Section 2.03(b) to the extent Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform performs such maintenance and repair. Tenant agrees to invoice other tenants or repair on behalf third parties for proportionate shares of Tenant; provided such entry is made maintenance costs upon request of Landlord as set forth in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesSection 2.03(c).

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term4. Tenant shall, at Tenant’s expensethroughout the term of this lease, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) take and maintenance good care of the heating demised premises and air conditioning system by a licensed the fixtures and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of (lie building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any set-off or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.

Appears in 1 contract

Samples: Paligent Inc

Maintenance and Repairs. 7.1 Subject to the provisions of this Section 5 and Section 8 below and subject to reimbursement by Tenant shallin accordance with the provisions of this Section 5 and Sections 1(b)(9) and 3 herein, Landlord agrees to maintain, consistent with the Service Standard specified in Section 4(a) above, the structural portions of the Building and central Building mechanical, electrical and plumbing systems, the Common Areas, and Building standard items in the Leased Premises (including: (i) the restroom facilities that would otherwise constitute “Common Areas” on multi-tenanted floors, (ii) building standard lighting fixtures, ballasts and bulbs, (iii) Landlord-installed sprinkler heads and systems, and (iv) any portions of Building systems located behind walls or at its expenseor above finished ceilings), as well as any ceiling tiles damaged by roof leaks, in good order and repair throughout the Term Term. Such maintenance obligations of Landlord shall include the obligation to comply with all applicable laws, statutes, rules, regulations, orders and codes applicable to the same (although if such compliance arises as a result of the unique use of the Leased Premises by Tenant, the acts or omissions of Tenant, its employees, agents or contractors, or any alterations, improvements or other installations undertaken by or on behalf of Tenant, then Landlord shall undertake the necessary compliance obligations at Tenant’s cost and expense. Tenant, and not Landlord, shall be responsible for (i) maintaining all renewals and extensions thereofother improvements to the Leased Premises including, maintain in good orderwith the exception of the items described above for which Landlord is responsible, condition and repair the Premises, including but portions of Building systems which are not limited to heating and air conditioning equipment, walls, floors and behind walls or at or above finished ceilings, window exteriorsand (ii) reimbursing Landlord for the full cost of any repairs to the Leased Premises or to any part of the Building caused by the unreasonable wear and tear by or negligence or willful act of Tenant or its agents, mechanical and electrical systems and equipment exclusively serving the Premisesemployees or invitees, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained such reimbursement to be collectible as Additional Rent hereunder within thirty (30) days following written demand by Landlord. Any contractors performing repairs which are the responsibility of Tenant hereunder must receive the prior written approval of Landlord (which approval shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedunreasonably withheld, Tenant shall promptly replace the sameconditioned or delayed), regardless of whether the benefit and must provide Landlord in advance of such replacement extends beyond work with a certificate of insurance naming Landlord and the Termother parties named in Section 7(a)(1) as additional insureds. Tenant shallIn addition, it is understood and agreed that, at Tenant’s expenserequest, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s cost and expense. Tenant shall be responsible for janitorial services and trash removal from , Landlord may assist (whether by performing portions of such work and/or coordinating the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance performance of the Property. All same by third party contractors or vendors) Tenant in the performance of certain portions of Tenant’s obligations to maintain maintenance and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesobligations hereunder.

Appears in 1 contract

Samples: Dulles Town Center (Trex Co Inc)

Maintenance and Repairs. 7.1 Tenant Any guaranties and warranties shall inure for a period of time from contractors and/or manufacturers resulting from the initial construction, thereafter, Sublessee shall, at its sole expense, throughout be responsible for maintaining the Term Leased Premises in a good, orderly and all renewals and extensions thereof, maintain in good order, safe condition and state of repair and shall, to the Premisesreasonable satisfaction of Sublessor, including but not limited make all repairs required to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such itemsbe made thereto (except those, if any, that have been to be made by Landlord’s contractors Sublessor pursuant to Exhibit D), including, without limitation, interior and exterior window cleaning and repairs or vendors replacements to those components of the heating system, plumbing system, water system, electrical system,‘air conditioning system and carpeting and wall coverings which are located within the Leased Premises or serve Leased Premises exclusively. Sublessee shall be responsible for cleaning the Leased Premises and depositing trash in receptacles acceptable to extend to TenantSublessor. Sublessor shall enter into a maintenance contract for the maintenance and repair of the heating, as plumbing, water, electrical, and if availableair conditioning systems. Sublessee shall also repair, at its sole expense, any bulk buying power damage to the Property, the Leased Premises, the Building or any appurtenances thereto caused by the misuse or negligence of Sublessee, its employees or invitees. Sublessee agrees to replace all broken glass with glass of the same size and quality of that Landlord may broken. Sublessee shall not be entitled to any partial or total abatement of rent for periods during which repairs are required to be made, whether such repairs are the responsibility of Sublessor or Sublessee; provided, however, if the Leased Premises shall, for a period of three (3) consecutive business days, be untenantable (e.g., shall lack any service or operation which Sublessor is required to provide hereunder the lack of which adversely affects the continued operation in the ordinary course of Lessee’s business),’ then all fixed rent and additional rent and other amounts payable by Sublessee hereunder shall thereafter be abated in proportion to such untenantability until the day such service or operation is completely restored. Sublessee shall have with such contractors or vendors. If any portion no right of access to the roof of the Premises or the Building and shall not install, repair, place or replace any system aerial, fan, air conditioner or equipment in other device on the roof of the Premises or the Building without the prior written consent of Sublessor, which Tenant is obligated to repair canwill not be fully repairedunreasonably withheld or delayed. Any aerial, Tenant fan, air conditioner or device installed without such written consent shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallbe subject to removal, at TenantSublessee’s expense, maintain a preventive maintenance contract providing for without notice at any time. Sublessor shall repair at Sublessee’s expense, any damage to the regular inspection (at least quarterly) Building or roof resulting from the installation, repair, use, or replacement of any such air conditioner or other device. Sublessee may install, with Sublessor’s consent, which shall not be unreasonably Withheld, antennas and maintenance microwave antennas so long as Sublessor is held harmless in the use and construction of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract antennas and in such case the event the installation and use voids or impairs the roof warranty, Sublessee shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall hold Sublessor harmless and be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 1 contract

Samples: Sublease Agreement (Trinity Biotech PLC)

Maintenance and Repairs. 7.1 8.1 Except for the obligations of Landlord pursuant to Section 8.2, Tenant shallshall keep, at its expenseand maintain the Premises in reasonably good condition and provide for the maintenance, throughout repair and replacement of the Term roof of the Building, all mechanical, plumbing, heating, ventilation, air conditioning, sprinkler and electrical systems and utility service lines within the Premises, the plumbing system within the Premises, all duct banks, conduits and fiber lines running through the Premises, the Licensed Power Conduit, as described below, (collectively, the “Utility Infrastructure”) and all renewals furnishings, fixtures, personal property, conduits, equipment and extensions thereofimprovements located in, maintain or used in good orderthe operation of, condition and repair the Premises, including but not limited to heating and without limitation power distribution units, computer room air conditioning equipmentconditioners, wallsgenerators, floors and ceilingsfuel tanks, window exteriorsfire protection systems, mechanical and electrical antennas, satellite dishes, security systems and similar improvements, equipment exclusively serving the Premisesand personal property, electric light fixtureswhich have been, bulbsor hereafter is, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment installed in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace (the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf“Critical Equipment”). Landlord shall have the right, upon notice assign to Tenant, or make available to undertake Tenant, any warranties or guaranties in Landlord’s possession relating to the responsibility for preventive maintenance of Utility Infrastructure, the Critical Equipment, the roof or any other system items for which Tenant has any maintenance or component at Tenant’s expenserepair responsibilities. Tenant shall be responsible for janitorial services obtaining and trash removal maintaining all approvals, permits and licenses required by any federal, state or local government for installation, maintenance and operation of the Critical Equipment and for paying all fees attendant thereto and for complying with all other legal requirements relating to the Critical Equipment. Tenant shall have the right from time to time during the Term to test the generators in accordance with Tenant’s maintenance schedule. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises, broom clean, in substantially the same order and condition which they are in on the Access Date, ordinary wear and tear, approved or permitted alterations (unless Landlord requires removal of same pursuant to the terms of this Lease), unavoidable damage by the elements, and casualty damage excepted. Tenant shall, at its own expense, replace any broken or damaged interior glass, windows, doors, locks, jambs and partition walls, and such replacement items shall be of the same quality and design as those initially installed by Landlord in the Premises. In addition, in connection with Tenant’s maintenance, repair, and replacement obligations under this Lease, Tenant shall, consistent with its customary practices in similar facilities and at its own cost and expense establish regular service and maintenance procedures or maintain preventative maintenance service contracts, with reputable vendors, for servicing portions of the Building systems, Utility Infrastructure, and Critical Equipment. At the expiration or other termination of this Lease, Tenant shall surrender the Premises, including without limitation, the Utility Infrastructure and Critical Equipment, including replacements thereto or thereof, to Landlord in as good order and condition as they were on the Access Date or may be put in thereafter in accordance with this Lease, reasonable wear and tear, functional obsolescence and damage to the Premises by casualty or condemnation of the Premises excepted. For the avoidance of doubt, the parties acknowledge and agree that all Utility Infrastructure and Critical Equipment shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the Term; provided that Tenant may, at Tenant’s expense. Landlord and sole option, remove any elements of the Utility Infrastructure or Critical Equipment installed in the Premises by the Tenant intend that, at all times during the Termterm of the Lease, except to the extent that such items installed by Tenant represent a replacement of items existing in the Premises as of the date hereof, the intent of the parties being that at the end of the term of the Lease, the Premises shall be left in the same operating condition as existed as of the date hereof, reasonable wear and tear, functional obsolescence and damage to the Premises by casualty or condemnation of the Premises excepted. In the event Tenant shall maintain be in default with respect to any action that Tenant is obligated to perform pursuant to this Section 8.1, then Landlord shall have the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of right to perform such act on Tenant’s obligations account. Prior to maintain Landlord undertaking any action to cure or remedy such condition, Landlord shall first give written notice of such condition to Tenant and repair allow Tenant two (2) business days following receipt by Tenant of such written notice to cure or remedy the condition specified in Landlord’s notice; provided, however, that if such condition cannot be cured within the two (2) business day period, such period shall be accomplished at Tenant’s sole expenseextended for a reasonable additional time, so long as Tenant commences to cure such condition within the two (2) business day period and proceeds diligently thereafter to effect such cure. If Tenant fails to maintain cure or remedy such condition within such time period, then Landlord may cure or remedy such condition and repair deliver an invoice, with reasonable supporting documentation, to Tenant for such costs and expenses, and Tenant shall pay to Landlord the Premises as required amount of such invoice within thirty (30) days after delivery by this SectionLandlord. The amount of such expenses, Landlord maywhen paid by Tenant, on 10 days’ prior written notice (except that no notice shall be required in case included within Expenses, to the extent such costs and expenses are not excluded from the definition of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesExpenses.

Appears in 1 contract

Samples: Equinix Inc

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term4. Tenant shall, at Tenant’s expensethroughout the term of this Lease, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance take good care of the heating demised premises and air conditioning system by a licensed the fixtures and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the Building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant also shall repair all damage to the Building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant promptly shall make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two (2) contractors per trade submitted by Owner. Any other repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and structural portions of the building, Landlord mayincluding the structural portions of the demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this numbered Article shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle "9" hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.Window Cleaning:

Appears in 1 contract

Samples: Agreement of Lease (MMC Energy, Inc.)

Maintenance and Repairs. 7.1 8.1 Except as provided in Sections 8.2, 18 and 19 hereof, Tenant shall make and pay for all maintenance, repairs, and replacements of every kind to the interior of the Premises and all equipment and systems exclusively serving the Premises necessary to keep the same in a good state of repair and operating order (including but not limited to the doors, windows, interior walls and partitions, interior side of exterior walls, ceilings, floors, floor coverings, lighting, signs, plumbing, sewage, electrical located within the Premises; and the HVAC (as defined below) system exclusively serving the Premises including all exclusive ducts, vents, exhaust and roof curbing and flashing associated with the same, furnishings, fixtures and equipment and all other interior non-structural portions of the Premises) and in reasonably clean condition (including reasonably periodic painting of the Premises if necessary in Tenant’s reasonable discretion) and perform all non-structural repairs and alterations required by applicable Law. Beginning at the point from which they serve the Premises exclusively (whether located inside or outside the Premises), Tenant shall, at its expensesole cost, throughout the Term make repairs and all renewals and extensions thereof, replacements necessary to maintain in good orderrepair and condition all lines, condition apparatus, ducts and repair the Premises, equipment relating to utilities (including but not limited to heating heating, air conditioning, water, gas, electricity and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving sewage) within the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from at its cost promptly replace all broken or damaged glass in the Premises, at Tenant’s expense. Landlord and Tenant intend that, at At all times during the Term, Tenant shall will, at its cost, maintain a service contract with licensed air conditioning firm reasonably acceptable to Landlord to perform monthly inspection and service to the heating, ventilating and air conditioning system servicing the Premises ("HVAC") (including changing belts, filters and other parts as reasonably required) and repairs, maintenance and replacements to the HVAC to maintain same in good operating order and condition condition. Prior to the Commencement Date and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such casesthereafter annually, Tenant shall reimburse furnish Landlord immediately upon demand for all costs incurred with a copy of the HVAC maintenance contract required above and proof of payment of the annual premium therefor. The HVAC servicing the Premises will be delivered to Tenant on the Commencement Date in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesgood working order.

Appears in 1 contract

Samples: Lease Agreement Standard Provisions (Twinlab Consolidated Holdings, Inc.)

Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shallagrees that the Premises are then in a good and tenantable condition. Notwithstanding the foregoing, prior to the Commencement Date Landlord shall cause the following systems (the "MEP Systems") to be inspected and placed in good working order and repair: (i) electrical, (ii) plumbing, and (iii) heating, ventilating and air-conditioning. If, during the first sixty (60) days of the Term, any MEP System is not in the condition required by the foregoing sentence, Tenant shall notify Landlord of the need for repair within sixty (60) days following the Commencement Date, and the repair shall be promptly be completed by Landlord at its expense, throughout no cost to Tenant. Landlord hereby assigns to Tenant all warranties with respect to the Term Premises which would reduce Tenant's maintenance obligations hereunder and shall cooperate with Tenant to enforce all renewals and extensions thereofsuch warranties. Tenant shall be responsible to clean, maintain in good order, condition and repair the Premises, including providing janitorial services and disposal of trash; and to that end, during the Term, Tenant, at Tenant's expense but not limited to heating under the direction of Landlord, shall repair and maintain the Premises, including, without limitation, any elevator, the heating, ventilating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical system or systems and equipment exclusively serving the Premises, electric light the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, bulbsthe restrooms serving the Premises, tubes interior stairways in the Premises, the interior and tube casingsexterior glass, doorsplate glass skylights, interior walls, floor coverings, dock doorsceiling (ceiling tiles and grid), levelersTenant Improvements, plumbing system Alterations, fire extinguishers, outlets and fixtures, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a first class condition, and keep the Premises in a clean, safe and orderly condition. With respect to the electrical and plumbing fixturessystems serving the Premises, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the maintenance and trash removal repair of any such systems only to the point where such systems join a main or other junction (e.g., sewer main or electrical transformer) serving more than one user. On or before the Commencement Date Tenant shall provide Landlord with a copy of a service contract with a licensed commercial Heating, Ventilating and Air-conditioning maintenance company (which contract and company shall be subject to Landlord's prior reasonable approval), to maintain, on an ongoing basis (at least quarterly), the heating, ventilating and air-conditioning system serving the Premises. In addition to the foregoing, Tenant acknowledges that the sewer piping at the Development is made of ABS plastic. Accordingly, without Landlord's prior written consent, which consent may be granted or withheld in Landlord's sole discretion, Tenant shall allow only ordinary domestic sewage to be placed in the sewer system from the Premises. UNDER NO CIRCUMSTANCES SHALL TENANT EVER PLACE, at Tenant’s expense. Landlord and Tenant intend thatOR ALLOW TO BE PLACED, at all times during the TermANY ESTERS OR KETONES (USUALLY FOUND IN SOLVENTS TO CLEAN UP PETROLEUM PRODUCTS) IN THE DRAINS OR SEWER SYSTEM, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesFROM THE PREMISES.

Appears in 1 contract

Samples: Lease Agreement (Perclose Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout agrees to maintain the Term and all renewals and extensions thereof, maintain Premises in reasonably good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. immediately notify Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors should any minor or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot other repairs be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseneeded. Tenant shall be responsible for janitorial services monitoring the working order of all smoke detectors and trash removal from fire alarm systems in the Premises; and shall promptly advise Landlord in writing of any part if said system becomes inoperable. Major repairs necessary to the Premises shall be reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a reasonable time. Tenant shall notify Landlord immediately of any emergency repairs necessary to the Premises. If in Landlord's judgment there is substantial damage to the Premises, at Landlord may terminate this lease by giving written notice to Tenant and the Rent shall be prorated and the balance refunded to Tenant, less lawful deductions. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s expenseguests or other occupants. Landlord and Tenant intend thatWithout limitation, the disposal of women’s feminine hygiene products, coffee grounds, rice, cooking grease, or any other object that does not constitute normal material in the waste/sewer system at all times during the Term, Premises shall be negligent/improper use of the Premises. Tenant shall maintain Premises’ good appearance, insure safety on the Premises, and inform the Landlord if any safety problems arise that Tenant cannot quickly and reasonably remedy as Tenant. Tenant shall be responsible to reimburse and pay Landlord for the costs of any repair/service calls that are scheduled with Tenant and for which Tenant at the time of such repair/service call, and for forty- five (45) minutes thereafter are unavailable at the Premises for such repair/service call. Without limiting the generality of the foregoing, Tenant shall: o Be completely responsible for payment of all necessary treatments to eradicate bed bugs if found at the Premises and if their presence, as solely determined by a pest-control professional, was likely due to the action(s), intentional or unintentional, of the Tenant or any person associated with Tenant (family member, friend, etc…) Tenant initials o Be solely responsible for payment of all non-termite pest control services outside of the Premises’ normal monthly pest-control sprayings if, as solely determined by a pest-control professional, that the probable cause for the presence of pests is Tenant’s excessive dirtiness. Landlord shall have no obligation whatsoever to pay for non-termite pest control services at the Premises other than the regular pest- control sprayings. o Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; o Not obstruct or cover the windows or doors; o Not leave windows or doors in an open position during any inclement weather; o Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and condition repair and appearances reasonably commensurate with shall use same only for the balance purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; o Deposit all trash, garbage, rubbish or refuse in the Property. All locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; o Reimburse Landlord for any damages that are a result of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair negligence, carelessness, fault, intentional act, or misconduct; o Promptly file a police report if the Premises as required is damaged in any way by this Sectionan unknown person. Failure to file a police report and provide a copy to Medical View Properties, Landlord may, on 10 days’ prior written notice (except that no notice shall be required LLC in case a timely manner will result in the Tenant being charged for the damage to Premises o Keep inside of emergency), enter the Premises at a temperature sufficiently high enough to prevent freezing of water in the pipes and perform such maintenance fixtures inside the leased Premises o Not create or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, maintain or allow others to create or maintain any nuisances including but be not limited toto loud noises, sound effects, offensive odors, smoke or dust on or about the Marijuana code. In such casesleased Premises, and that Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseswill commit no waste.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. 7.1 ( a) Tenant shallshall keep and maintain the Premises including all non-structural exterior, at its expense, throughout the Term interior systems and all renewals and extensions thereof, maintain equipment) in good order, condition and repair including the Premises, including but not limited service and repair to the heating and air air-conditioning equipmentsystem, walls, floors sprinkler and ceilings, window exteriors, mechanical and electrical irrigation systems and equipment exclusively serving during the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord term tenant shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If promptly replace any portion of the Premises or any system systems or equipment in the Premises thereof which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) .All repairs and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract replacements shall be paid by Tenant performed in a good and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Propertyworkmanlike manner. All of Tenant’s 's obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionshall be accomplished at Tenant's sole expense. Tenant shall also keep and maintain the parking areas, Landlord maysidewalks and landscaped areas in an attractive and clean condition free from dirt and rubbish, on 10 days’ and clear the parking areas and sidewalks of accumulations of snow and ice, all at Tenant's expense. b) Landlord, at landlord's sole expense shall keep and maintain the roof and structural portions of the Building (excluding the exterior doors) and the parking lot in good order. c) During the Term, Tenant shall procure and maintain a service contract for the inspection, service, maintenance and repair of all heating, ventilating and air conditioning equipment serving the Premises (the inspection pursuant to such contract shall be made at least quarterly). The identity of the contractor and the contract shall be subject to Landlord's reasonable approval. Copies of reports of inspections made hereunder shall be promptly supplied to Landlord. 12. Alterations and Improvements a) Tenant shall not make any alterations, additions or improvements to the Premises (the "Alterations") without Landlord's prior written notice (consent, except that for non-structural Alterations which do not exceed $15,000.00 in cost. In no notice event shall Alterations reduce the size or cubic content of the Building or reduce the value of the Premises.Tenant shall submit to Landlord detailed plans and specifications for Alterations requiring Landlord's consent and reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review thereof. Tenant shall also provide to Landlord for its reasonable approval the identity of the contractor Tenant proposes to employ to construct the Alterations. All Alterations shall be required accomplished in case accordance with the following conditions: (1) Tenant shall procure all governmental permits and authorizations for the Alterations, and obtain and provide to Landlord an official certificate of emergencyoccupancy and/or compliance upon completion of the Alterations, if appropriate. (2) Tenant shall arrange for extension of the general liability insurance provided for in Section 7(b)to apply to the construction of the Alterations. Further, Tenant or Tenant's contractor shall procure and maintain Builders Risk Casualty Insurance in the amount of the full replacement cost of the Alterations and statutory Workers Compensation Insurance covering persons employed in connection with the work. All such insurance shall conform to the requirements of Section 7(c), enter . (3) Tenant shall construct the Premises Alterations in a good and perform such maintenance or repair on behalf workmanlike manner utilizing materials of Tenant; provided such entry is made first class quality and in compliance with Applicable Laws, including but not limited to, all laws and governmental regulations. (b) Upon completion of the Marijuana code. In such casesAlterations, Tenant shall reimburse provide Landlord immediately with "as built" sepia transparency plans of the Alterations. (c) Alterations shall be the property of the Landlord and shall remain on the Premises upon demand for all costs incurred termination of the Lease, or, if Landlord so requires, in performing writing at the time Landlord consents to the subject Alterations, such maintenance Alterations shall be removed by Tenant on or repair plus an administration fee equal prior to 5% the termination of the Lease and Tenant shall restore the Premises to substantially its condition prior to such actual and reasonable costs or expensesAlterations.

Appears in 1 contract

Samples: Improvement Agreement (Carpenter W R North America Inc)

Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving thereof, whether requiring structural or nonstructural repairs caused by, or resulting from, the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesnegligence or willful misconduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorsystems thereof, or for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible, shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises and shall keep the roof and windows within the Premises free from leaks and the windows operable. Anything contained herein to the contrary notwithstanding, except by reason of a fire or other casualty, Owner shall not be required to make any repairs caused by the negligence or willful misconduct of Tenant or Tenant’s agents, contractors, invitees or employees. Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be responsible no allowance to Tenant for janitorial services diminution of rental value and trash removal no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the Premisesbuilding or the demised premises or in and to the fixtures, at Tenant’s expenseappurtenances or equipment thereof, except as otherwise expressly set forth herein. Landlord and Tenant intend that, at all times during the TermIt is specifically agreed that except as hereinafter otherwise expressly provided, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Except as otherwise expressly set forth herein, Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.

Appears in 1 contract

Samples: Office Lease (PCI Media, Inc.)

Maintenance and Repairs. 7.1 Tenant The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the interior of the demised premises in as good a state of repair as it is at its expensethe time of the commencement of this lease, throughout reasonable wear and tear and unavoidable casualties excepted. The Lessor shall provide office cleaning and building security at no additional charge to the Term Lessee. Lessee is responsible for permitting the professional cleaning vendor access to their leased office space. Office cleaning is normally done the evenings of Wednesdays and all renewals on the weekends. In order to keep our building sanitary, it is CSC policy that any food waste be disposed of in the kitchen area waste baskets only. Lessor is a green-friendly office and extensions thereofdoes recycle paper, cardboard, glass and plastic products. Lessee is responsible for the insurance of personal property, and must provide Lessor with a current proof of general liability insurance on a recurring basis. Subject to the terms and conditions of the Condominium Associations’ rules and regulations, the Lessor shall maintain and keep in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion exterior of the Premises or any system or equipment in demised premises during the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless term of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) this lease and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents or employees. Subject to the terms and trash removal from conditions of the PremisesCondominium Associations’ rules and regulations, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant Lessor shall maintain the Premises in good order interior and condition and appearances reasonably commensurate with the balance exterior of the Propertydemised premises including grounds and parking area so as to conform to all applicable health and safety laws, ordinances and codes which are presently in effect and which may subsequently be enacted during the term of this lease and any renewal periods. All of Tenant’s obligations to maintain and repair Vehicle parking shall be accomplished at Tenant’s sole expenselimited to parking spaces to the west of the office building. If Tenant fails Subject to maintain the terms and repair conditions of the Premises as required by this Section, Landlord may, on 10 daysCondominium Associationsprior written notice (except that no notice shall be required in case of emergency), enter the Premises rules and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited toregulations, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand Lessor agrees to furnish pest control services for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% the leased premises during the term of such actual and reasonable costs or expensesthe lease at the expense of the Lessor.

Appears in 1 contract

Samples: Commercial Lease Agreement

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term4. Tenant shall, at Tenant’s expensethroughout the term of this lease, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance take good care of the heating demised premises and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensefixtures appurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any set off or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.WINDOW CLEANING:

Appears in 1 contract

Samples: Office Lease (Hanover Capital Mortgage Holdings Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by LandlordLxxxxxxx’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided provided, such entry is made in compliance with all Applicable Laws, including but not limited to, the Marijuana codeCode. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to five percent (5% %) of such actual and reasonable costs or expenses.

Appears in 1 contract

Samples: Lease Agreement (Power REIT)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout agrees to maintain the Term and all renewals and extensions thereof, maintain Premises in reasonably good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. immediately notify Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, should any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorminor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall other, repairs believed to be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseneeded. Tenant shall be responsible for janitorial services monitoring the working order of all smoke detectors and trash removal from fire alarm systems in the Premises; and shall promptly advise Landlord in writing of any part if said system becomes inoperable. Tenant shall be responsible for regular replacement of the Premises’ furnace and air conditioner filters. Major repairs necessary to the Premises shall be reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a reasonable time and during normal business hours. Tenant shall notify Landlord immediately of any emergency repairs necessary to the Premises. If in Landlord's judgment there is substantial damage to the Premises, at Landlord may terminate this lease by giving written notice to Tenant and the Rent shall be prorated and the balance refunded to Tenant, less lawful deductions. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s expenseguests or other occupants. Without limitation, the disposal of women’s feminine hygiene products in the waste/sewer system at the Premises shall be negligent/improper use of the Premises. Tenant shall be so as to maintain a good appearance and insure safety on the Premises, or to inform the Landlord if any safety problems arise that Tenant cannot quickly and reasonably remedy as Tenant. Tenant shall be responsible to reimburse and pay Landlord for the costs of any repair/service calls which are scheduled with Tenant and for which Tenant at the time of such repair/service call, and for forty-five (45) minutes thereafter are unavailable at the Premises for such repair/service call. Without limiting the generality of the foregoing, Tenant shall: o Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; o Not obstruct or cover the windows or doors; o Not leave windows or doors in an open position during any inclement weather; o Be solely responsible for payment of all non-termite pest control services. Landlord and Tenant intend that, shall have no obligation whatsoever to pay for non-termite pest control services at all times during the Term, Tenant shall maintain the Premises o Be completely responsible for payment of all necessary treatments to eradicate bed bugs if found at the Premises and if their presence, as solely determined by a pest-control professional, was likely due to the action(s), intentional or unintentional, of the Tenant or any person associated with Tenant (family member, friend, etc…) Tenant initials o Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and condition repair and appearances reasonably commensurate with shall use same only for the balance purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; o Deposit all trash, garbage, rubbish or refuse in the Property. All locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; o Reimburse Landlord for any damages that are a result of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair negligence, carelessness, fault, intentional act, or misconduct; o Promptly file a police report if the Premises as required is damaged in any way by this Sectionan unknown person. Failure to file a police report and provide a copy to Bluegrass Rental Homes, Landlord may, on 10 days’ prior written notice (except LLC in a timely manner will result in the Tenant being charged for the damage to Premises; and o Keep that no notice shall be required in case part of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made yard that they occupy in compliance with Applicable Lawsa safe, including but not limited tosanitary, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for and clean condition at all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensestimes.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. 7.1 Except for customary cleaning and trash removal provided by Landlord under Article 6, and casualty damage to be repaired by Landlord under Article 11, Tenant shall, at its expense, throughout shall keep and maintain (or cause to be kept and maintained) the Term and all renewals and extensions thereof, maintain Premises in good orderand sanitary condition, condition working order and repair the Premisesrepair, in compliance with all applicable Law as described in Article 7, and as required under other provisions of this Lease, including but not limited to heating the Rules (including any carpet and air conditioning equipmentother flooring material, paint and wall-coverings, doors, windows, ceilings, interior surfaces of walls, floors lighting (not including lamps, bulbs, ballasts and ceilingsstarters), window exteriorsplumbing and other fixtures, mechanical and electrical alterations, improvements, systems and equipment in or exclusively serving the PremisesPremises whether installed by Landlord or Tenant). In the event that any repairs, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors maintenance or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedreplacements are required, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing notify Landlord and arrange for the regular inspection same either: (at least quarterlyi) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorthrough Landlord for such reasonable charges as Landlord may establish from time to time, payable within ten (10) days after billed, or Tenant (ii) at Landlord’s option, by engaging such contractors as Landlord shall first designate or approve in writing to perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so electswork, same may be billed directly all in a first class, workmanlike manner approved by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract in advance in writing and otherwise in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensecompliance with Article 9 respecting “Work”. Tenant shall be responsible promptly notify Landlord concerning the necessity for janitorial services any repairs or other work hereunder and trash removal upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Building outside the Premises, caused, in whole or in part, as a result of moving any furniture, fixtures, or other property to or from the Premises, at Tenant’s expenseor otherwise by Tenant or its employees, agents, contractors, or visitors (notwithstanding anything to the contrary contained in this Lease). Except as provided in the preceding sentence, or for damage covered under Article 11, Landlord and Tenant intend that, at all times during shall keep the Term, Tenant shall maintain common areas of the Premises Building in good and sanitary condition, working order and condition and appearances reasonably commensurate with repair (the balance coat of the Property. All of Tenant’s obligations to maintain and repair which shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required included in case of emergencyExpenses), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 1 contract

Samples: Lease (FriendFinder Networks Inc.)

Maintenance and Repairs. 7.1 Tenant shallLessor covenants and agrees to maintain, at its Lessor's sole cost and expense, throughout the Term exterior and all renewals and extensions thereof, maintain in good order, condition and repair major structural components of the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical the roof systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in buildings, the exterior and/or underground portions of the utilities services to the Premises which Tenant is obligated to repair canare not be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance responsibility of the heating Utility Companies, any groundwater monitoring xxxxx on the Premises that are required by law or regulation to be continuously operated or periodically tested, and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance portions of any other system improved roadways, driveways or component at Tenant’s expenseentranceways situated on Lessor's property but to which Harsco does not have exclusive access. Tenant However, Harsco shall be responsible for janitorial services and trash removal any required repairs or maintenance to the above items, (i) arising out of Harsco's operations or activities other than normal manufacturing processes, or (ii) resulting from the Premisesnegligent acts or omissions of Harsco, its employees, agents or invitees. Harsco covenants and agrees that Harsco will maintain and repair, at Tenant’s Harsco's sole cost and expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance interior of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable LawsPremises, including but not limited to, all doors and windows; the Marijuana codeinterior utility services of the Premises and any other improved roadways, driveways, entranceways and parking or storage areas on the premises; plumbing and drain lines; heating, air conditioning, ventilating and electrical systems; fire sprinkler system; overhead doors and related control systems; cranes, including the overhead cranes, and all related control systems; air compressors and air lines; the oil/water separator tank system; and the industrial waste water treatment system and all other items which constitute a part of the Premises that are not part of the specific maintenance duties of Lessor provided herein. In Harsco's obligation to maintain the oil/water separator tank system and the industrial waste water treatment system shall not include the correction or remediation of any contamination (see paragraph 23 for definition of this term) related to said items which may be discovered at any time and results from any cause other than introduction to the Premises by Harsco's own operations at the Premises during the Term. Harsco shall likewise have no responsibility to alter, modify, redesign or replace said items if any agency having jurisdiction over the Premises under applicable environmental laws (see paragraph 23 for definition of this term) shall determine, at any time, that said items may not remain in operation or present at the Premises due to non-compliance with any applicable environmental law, whether or not the facts and circumstances representing such casesnon-compliance existed at commencement of this Lease. Harsco shall be responsible for any snow removal desired by Harsco. Lessor represents and warrants to Harsco that Lessor has received no notices from any authorities having jurisdiction over the Premises that any conditions exist at the Premises which represent violations of any applicable zoning, Tenant building and land use and safety codes, ordinances or laws, and that Lessor has no actual knowledge that any such conditions or violations exist at the Premises. Notwithstanding Harsco's maintenance obligations under this Lease, Harsco shall reimburse Landlord immediately upon demand have no responsibility for all costs incurred in performing correction, repair or modification of any such maintenance conditions or repair plus an administration fee equal violations, whether known or unknown to 5% the parties, which existed at the Premises at commencement of such actual and reasonable costs or expensesthis Lease.

Appears in 1 contract

Samples: Lease (United Defense Lp)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout agrees to maintain the Term and all renewals and extensions thereof, maintain Premises in reasonably good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. immediately notify Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors should any minor or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot other repairs be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseneeded. Tenant shall be responsible for janitorial services monitoring the working order of all smoke detectors and trash removal from fire alarm systems in the Premises; and shall promptly advise Landlord in writing of any part if said system becomes inoperable. Major repairs necessary to the Premises shall be reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a reasonable time. Tenant shall notify Landlord immediately of any emergency repairs necessary to the Premises. If in Landlord's judgment there is substantial damage to the Premises, at Landlord may terminate this lease by giving written notice to Tenant and the Rent shall be prorated and the balance refunded to Tenant, less lawful deductions. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s expenseguests or other occupants. Landlord and Tenant intend thatWithout limitation, the disposal of women’s feminine hygiene products, coffee grounds, rice, cooking grease, or any other object that does not constitute normal material in the waste/sewer system at all times during the Term, Premises shall be negligent/improper use of the Premises. Tenant shall maintain Premises’ good appearance, insure safety on the Premises, and inform the Landlord if any safety problems arise that Tenant cannot quickly and reasonably remedy as Tenant. Tenant shall be responsible to reimburse and pay Landlord for the costs of any repair/service calls that are scheduled with Tenant and for which Tenant at the time of such repair/service call, and for forty- five (45) minutes thereafter are unavailable at the Premises for such repair/service call. Without limiting the generality of the foregoing, Tenant shall: o Be completely responsible for payment of all necessary treatments to eradicate bed bugs if found at the Premises and if their presence, as solely determined by a pest-control professional, was likely due to the action(s), intentional or unintentional, of the Tenant or any person associated with Tenant (family member, friend, etc…) Tenant initials o Be solely responsible for payment of all non-termite pest control services outside of the Premises’ normal monthly pest-control sprayings if, as solely determined by a pest-control professional, that the probable cause for the presence of pests is Tenant’s excessive dirtiness. Landlord shall have no obligation whatsoever to pay for non-termite pest control services at the Premises other than the regular pest- control sprayings. o Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; o Not obstruct or cover the windows or doors; o Not leave windows or doors in an open position during any inclement weather; o Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and condition repair and appearances reasonably commensurate with shall use same only for the balance purposes for which they were constructed. Tenant shall use mesh strainers in kitchen sink, bathroom sink(s), and bathtub(s) to prevent excessive hair build up in drain pipes. Tenant shall notify Landlord immediately about any drain pipe that is draining slowly or clogged. Tenant’s failure to use mesh strainers and/or notify Landlord about a drain pipe not functioning properly shall constitute negligence / improper use of Premises. Tenant shall pay Landlord for any property damage and/or cost of repairs to the PropertyPremises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s guests or other occupants relative to plumbing. All Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse (example: not using mesh strainers) shall be borne by Tenant; o Deposit all trash, garbage, rubbish or refuse in the locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; o Reimburse Landlord for any damages that are a result of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair negligence, carelessness, fault, intentional act, or misconduct; o Promptly file a police report if the Premises as required is damaged in any way by this Sectionan unknown person. Failure to file a police report and provide a copy to Medical View Properties, Landlord may, on 10 days’ prior written notice (except that no notice shall be required LLC in case a timely manner will result in the Tenant being charged for the damage to Premises o Keep inside of emergency), enter the Premises at a temperature sufficiently high enough to prevent freezing of water in the pipes and perform such maintenance fixtures inside the leased Premises o Not create or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, maintain or allow others to create or maintain any nuisances including but be not limited toto loud noises, sound effects, offensive odors, smoke or dust on or about the Marijuana code. In such casesleased Premises, and that Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseswill commit no waste.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. The Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services maintenance of the building structure, building roof structure, building roof insulation, building roof decking, building roofing, HVAC, hot water heater and trash removal from mechanical system(s), exterior brick / CMU block finish of building, the Premisescommon area(s) and the parking lot, with the cost of such maintenance to be included within the building Tenant(s) CAM charges / property CAM reserves. In the event the negligence or willful actions of Tenant 1, its invitees, contractors or agents causes damages to the leased premises, the building, common areas or parking lot owned by the Landlord, Tenant 1 shall be liable for any damages and claims above and beyond the regular dues charged as CAM, with Tenant 1 to be responsible for such costs by payment as additional rent, within 10 days of receipt of an invoice. All other maintenance and repairs of leased premises shall be performed by Tenant 1, at Tenant’s its own sole expense. Landlord , including all necessary repairs to electrical systems, window glass, doors, fixtures, interior decorations, and Tenant intend that, at all times during other appliances and appurtenances belonging thereto which are not specifically the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance obligation of the PropertyLandlord as set forth herein. Such repairs and replacements, interior and exterior, ordinary as well as extraordinary, shall be made promptly, as and when necessary. All of Tenant’s obligations to maintain such repairs and repair replacements shall be accomplished in quality and class at Tenant’s sole expenseleast equal to the original work. If On default of Tenant fails to maintain and repair 1 in making such repairs or replacements, the Premises as required by this Section, Landlord may, but shall not be required to, make such repairs and replacements for Tenant 1, and the expense thereof shall constitute and be collectable as additional rent, together with interest thereon at the rate of eighteen percent per annum until paid. Tenant 1 shall not allow or permit any waste on 10 days’ prior written notice the leased premises, and shall keep the leased grounds (except that no notice Main Street frontage inclusive, excluding alley & parking area) free from accumulations of trash or debris. The Landlord shall be required responsible for periodic washing of the Main Street façade. Tenant 1 shall be responsible for ground floor elevation snow removal, watering and maintaining the landscaped area within Main Street associated with the leased premises. Tenant 1 shall be solely responsible for completing permitting of the leased space and modifying any existing walls, electrical, glass, ceiling, plumbing, etc. which is installed in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesleased area.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. 7.1 (a) The provisions of this Article IX are subject to the provisions of Article XII and Article XIII hereof. At all times during the Term of this Lease after the Turnover Date, Tenant shall, at its sole cost and expense, throughout keep and maintain the Term Premises in as good a condition and state of repair as exists on the Turnover Date, ordinary wear and tear and loss due to casualty and condemnation excepted. From and after the Turnover Date, (i) Tenant shall make any and all renewals additions to and extensions thereofall alterations and repairs in, maintain on and about the Premises which may be required by, and shall otherwise observe and comply with, all public laws, ordinances and regulations from time to time applicable to the Premises and (ii) Tenant (a) will keep the interior and exterior of the Premises (including paving, parking areas and all landscaping), together with all electrical, plumbing, heating, ventilating, air-conditioning, fire pump, exterior storm drain systems, irrigation systems and other mechanical systems and installations therein, in good order, condition order and repair including normal and customary preventive maintenance and (b) will make all replacements from time to time required in as good a condition as exists on the PremisesTurnover Date, including but not limited ordinary wear and tear and loss due to heating casualty and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordcondemnation excepted. Landlord shall use reasonable efforts be responsible for the repair and maintenance of the roof, roof membrane, load bearing walls, foundation and other structural elements of the Premises and the costs of such repairs and maintenance. Except as set forth in the preceding sentence, Landlord shall have no obligation whatsoever with respect to extend to Tenant the benefit from warranties on such itemsrepair, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion maintenance and/or replacement of the Premises or any system or equipment in utility serving the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the TermPremises. Tenant shall, at Upon Tenant’s expenserequest, maintain Landlord agrees to provide Tenant with a preventive maintenance contract providing copy of the roof warranty for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensePremises. Tenant shall be responsible for janitorial services and trash removal from take no action to invalidate any warranty relating to the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance roof or any other portion of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesImprovements.

Appears in 1 contract

Samples: Lease Agreement (Argos Therapeutics Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term4. Tenant shall, at Tenant’s expensethroughout the term of this lease, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance take good care of the heating demised premises and air conditioning system by a licensed the fixtures and qualified heating and air conditioning contractorappliances therein, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for duration of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from owner or others making repairs, alterations, additions or improvements or to any portion of the building or the or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.

Appears in 1 contract

Samples: Sublease Agreement (Wealthhound Com Inc)

Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shall, at its expense, throughout agrees that the Term Premises are then in a good and all renewals and extensions thereoftenantable condition. Tenant shall be responsible to clean, maintain in good order, condition and repair the Premises, including providing janitorial services and disposal of trash; and to that end, during the Term, Tenant, at Tenant's expense but not limited to heating under the direction of Landlord, shall repair and maintain the Premises, including, without limitation, any elevator, the heating, ventilating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical system or systems and equipment exclusively serving the Premises, electric light the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, bulbsthe restrooms serving the Premises, tubes interior stairways in the Premises, the interior and tube casingsexterior glass, doorsplate glass skylights, interior walls, floor coverings, dock doorsceiling (ceiling tiles and grid), levelersTenant Improvements, plumbing system Alterations, fire extinguishers, outlets and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant any appliances (including dishwashers, hot water heaters and garbage disposers) in the benefit from warranties on such itemsPremises, if anyin a first class condition, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of keep the Premises or any system or equipment in a clean, safe and orderly condition. Prior to the Premises Commencement Date Tenant shall provide Landlord with a copy of a service contract with a licensed commercial Heating, Ventilating and Air-conditioning maintenance company (which Tenant is obligated contract and company shall be subject to repair canLandlord's prior approval, which shall not be fully repairedunreasonably withheld or delayed), Tenant shall promptly replace the sameto maintain, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection on an ongoing basis (at least quarterly) ), the heating, ventilating and maintenance of the heating and air air-conditioning system by a licensed and qualified heating and air conditioning contractorserving the Premises. Tenant acknowledges that the sewer piping at the Development is made of ABS plastic. Accordingly, without Landlord's prior written consent, which consent may be granted or withheld in Landlord's sole discretion, Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall allow only ordinary domestic sewage to be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and placed in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other sewer system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises. UNDER NO CIRCUMSTANCES SHALL TENANT EVER PLACE, at Tenant’s expense. Landlord and Tenant intend thatOR ALLOW TO BE PLACED, at all times during the TermANY ESTERS OR KETONES (USUALLY FOUND IN SOLVENTS TO CLEAN UP PETROLEUM PRODUCTS) IN THE DRAINS OR SEWER SYSTEM, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesFROM THE PREMISES.

Appears in 1 contract

Samples: Part of Lease Agreement (Clarent Corp/Ca)

Maintenance and Repairs. 7.1 Tenant The Lessor shall, at its expense, throughout unless hereinafter specified to the Term and all renewals and extensions thereofcontrary, maintain the said premises, including roads, driveways, fences, gates, patios, and walkways on the said property in good orderand tenantable condition. This maintenance shall include the maintenance of all foundations, condition underpinnings, sewage systems, drainage facilities, hot and repair the Premisescold water systems, including but not limited to heating electrical systems and air conditioning equipmentfixtures, walls, floors roofs, stairs, fencing, gates, roads, driveways, and ceilingswalkways, window exteriorsi.e. the major structural elements of said premises. The Lessor shall undertake to paint or wallpaper the interior at intervals of years, mechanical and electrical systems and equipment exclusively serving paint the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordexterior of the premises at intervals of years unless conditions warrant earlier attention. Landlord The Lessor shall use reasonable efforts to extend to Tenant maintain the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenantpremises in good tenantable condition, as and if available, any bulk buying power that Landlord may have with such contractors or vendorsdescribed above. If any portion of necessary, the Premises or any system or equipment in Lessee may provide notice to the Premises which Tenant is obligated Lessor as to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employeerequirements. The Lessor shall carry out required maintenance within ten (10) days after the date of written notice by the Lessee to the Lessor that such maintenance repairs are necessary. If the Lessor fails to maintain the premises as required above and/or fails to carry out such maintenance repairs when notified, the Lessee shall have the right to effect such maintenance repairs and deduct the cost of such preventive from subsequent rental payment(s) due to the Lessor until which time the full cost of the maintenance contract shall be paid repairs has been recouped by Tenant and an expense solely chargeable the Lessee. The Lessee shall, in addition, reserve the right to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon make emergency repairs without prior notice to Tenantthe Lessor, and the cost of such repairs are to undertake be deducted from subsequent rental payment(s) due to the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from Lessor until which time the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance full cost of the Propertyemergency repairs has been recouped by the Lessee. All For the purpose of Tenant’s obligations this use, "emergency repairs" will constitute those repairs made to maintain prevent destruction or damage to property, danger of personal injury and repair conditions the Lessee believes to be a hazard to health or of serious inconvenience to the occupant. Emergency repairs shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionconsist of, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not be limited to, the Marijuana codeleaking water from pipes or fixtures, leaking roofs, defective sewage lines and cesspools, and defective electrical wiring to fixtures. In such casesaccordance with Xxxxxx XXXX, Tenant shall reimburse Landlord immediately upon demand failure of the Lessor to keep the Lessee advised of his/her current addresses (both mailing and e-mail) to be used for official written notifications or temporary unavailability of the Lessor will not be considered sufficient reason for non-receipt of correspondence and subsequent non-compliance with written requests. The Lessor accepts all costs incurred responsibility in performing such maintenance connection with property damage resulting from structural defects in the premises leased or repair plus an administration fee equal arising from the Lessor's negligent failure to 5% carry out these repairs for which he/she is obligated under this lease. For the purpose of such actual maintaining the premises, the Lessor reserves the right to enter the premises at reasonable times to inspect the premises and reasonable costs to make any necessary repairs after providing 24 hours’ advance written notice to the Lessee. This 24 hours’ advance notice may be waived by the Lessee in cases where the inspection or expensesrepairs need to be completed quickly.

Appears in 1 contract

Samples: files.peacecorps.gov

Maintenance and Repairs. 7.1 Tenant shallXXXXXX shall be responsible for all repairs, at its expense, throughout maintenance and replacement of the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Leased Premises, including but not limited to heating emergency repairs of any kind, as necessary to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, building and other life safety codes; and all repairs and maintenance needed to keep the Improvements on the Leased Premises in good condition, including (a) the exterior (including windows and doors) and interior structure of the buildings or structures, (b) the roof or roofs, (c) the heating, ventilating and air conditioning systems therein, (d) all electrical, plumbing, lighting, mechanical systems, fire suppression equipment, walls, floors i.e. fire sprinkler system; (e) all paved and ceilings, window exteriors, mechanical landscaped grounds and electrical systems fences within the Leased Premises; and equipment exclusively serving (f) sweeping and removing ice and snow from the parking lot within the Leased Premises and sidewalk adjacent to the Leased Premises. TENANT shall be responsible for the cost of all maintenance and repairs incurred by XXXXXX at the Leased Premises, electric light fixtureswhich costs are included in the Additional Rent provided in Paragraph (5-b). TENANT shall be responsible for day-to-day upkeep of the interior of Leased Premises, bulbsincluding cleaning, tubes and tube casingsjanitorial services, doorsat TENANT's sole expense. TENANT shall provide LESSOR with prompt notice of any required maintenance, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors repair or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendorsreplacement. If LESSOR fails to maintain, repair, or replace any portion component of the Leased Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedwithin a reasonable time after notice from TENANT, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord TENANT shall have the right, upon but not the obligation, in TENANT's discretion to (i) maintain, repair or replace such component of the Leased Premises and recover the cost from LESSOR, or (ii) terminate this Lease by thirty (30) days' written notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesLESSOR.

Appears in 1 contract

Samples: stpaul.legistar.com

Maintenance and Repairs. 7.1 Landlord represents and warrants at the Commencement Date and for the duration of the lease Term that the Premises will be in good working order and repair and maintain all equipment in good operating condition. Tenant shallaccepts the property as of the Commencement Date in an "AS IS" condition upon assuming possession of the Premises. Landlord will correct all construction defects, at its expensewhether structural or not, discovered within one year of the Commencement Date, or such longer period as may be specified in an applicable contractor's, subcontractor's, or materialmen's warranty. In addition, Landlord will make all necessary structural repairs to the Premises throughout the Term of this Lease. The structural items for which Landlord shall be responsible are the roof, exterior walls, the bearing walls (if such walls have not been changed by Tenant), the support beams, the columns, the concrete floor slabs, the plumbing system below the floor level of the facility (obstruction caused by Tenant shall be Tenant's responsibility to correct), except those damages that are caused by the Tenant's negligence. Tenant agrees to give prompt notice to Landlord of any defects or other hazardous conditions required to be repaired or remedied by Landlord. If the repairs required to be made by Landlord or Tenant are not completed within a reasonable time after request for such repair by the other party, Landlord or Tenant, as the case may be, shall have the option to make such repairs after first giving the other party fifteen (15) calendar days notice of its intention to do so, and all renewals and extensions thereofany amounts expended by virtue thereof shall be added to or subtracted from the next month's rent in the full amount of the expenditures. Landlord, during the Term of this Lease, shall maintain in good order, condition and repair when needed all of the Premisesmechanical equipment ("HVAC system"), including but not limited to heating and air conditioning equipmentunits, wallsplumbing, floors and ceilings, window exteriors, mechanical and electrical systems units, in a good condition and equipment exclusively serving the Premisesgood state of repair. Further, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance service contract providing for on the regular inspection (at least quarterly) and maintenance of the heating and air conditioning HVAC system by with a licensed and qualified reputable heating and air conditioning contractor, or providing for regular routine maintenance, changing of filters and lubricating the HVAC system. Such maintenance and repair and service contract shall be included in Operating Expenses as described in Article 3C hereof. Tenant shall perform keep the Premises free and clear of rodents, bugs and vermin, and Tenant shall use, at its cost and at such HVAC inspection intervals as Landlord shall reasonably require, a reputable pest extermination contractor to provide extermination services in the Premises. Notwithstanding the above, if Landlord reasonably determines that an extermination service needs to be provided to the entire Building in order to eliminate pests from the entire Building, Landlord shall contract for such extermination services and maintenance include the cost of such services in Operating Expenses. Landlord shall provide Tenant with duly licensed advance notice of any such extermination services to be made to the Premises by Landlord within a reasonable period of time. Tenant shall keep the Premises clean and qualified employeeorderly and shall not cause the common areas to become disorderly, cluttered, dirty or trashed at any times and shall not cause refuse to accumulate around any portion of the Property. Trash shall be stored in a sanitary and inoffensive manner inside the Premises or in screened areas approved by Landlord, and Tenant shall cause the same to be removed at reasonable intervals. Landlord shall provide Tenant with five suite keys at no cost to Tenant. All keys are on "Do Not Duplicate" blanks, and numbered for Tenant's security. These keys cannot be reproduced unless they are done by Landlord's locksmith . If additional keys are required by Tenant, Tenant shall contact Landlord in order that Landlord may authorize the issuance of such keys. The cost of any such preventive maintenance contract additional keys shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensespay.

Appears in 1 contract

Samples: Lease Agreement (Professional Veterinary Products LTD /Mo/)

Maintenance and Repairs. 7.1 During the Term of this Lease, in addition to the Rent herein provided, Tenant agrees to pay all costs and charges for repair and maintenance of the Premises, except as otherwise provided herein. Tenant agrees to surrender the Premises at the expiration or earlier termination of this Lease in as good condition as at the commencement of the term of this Lease except, Tenant shall not be responsible for the repair or condition of those portions of the premises which Landlord agrees to maintain nor damage by dry rot, termites, sinking of floors, or ordinary wear and tear. Landlord agrees to maintain in good repair, at Landlord's cost, the roof, outer walls (which will include the bulkheads under plate glass windows), downspouts, underground plumbing, underground and in the wall wiring, support of floors, and, without limitation, structural portions of the Premises. Tenant shall keep in good repair the electrical equipment, air conditioning equipment and heating equipment, and when required, Tenant shall replace such components with items of at least scope and quality of those being replaced. In the event Tenant has replaced any of such equipment prior to the end of its normal useful life and the Term of this Lease terminates or expires in accordance with the provisions contained in this Lease, then Landlord shall pay to Tenant on such termination date or expiration date, as the case may be, an amount equal to the cost of such equipment paid by Tenant times a fraction, the numerator of which is the number of months in the normal useful life of such equipment minus the number of months from the date of installation of such equipment to the date of termination or expiration, as the case may be, of the Term, and the denominator of which is the number of months in the normal useful life of such equipment. No such payment shall be required to made by Landlord if the Term is terminated due to the occurrence and continuation of a Default by Tenant. Tenant agrees to replace any plate, window or door glass broken in the Premises with glass of like kind and quality, except Tenant shall not be required to replace glass broken due to settlement or defective construction of the building or due to the failure of Landlord to maintain and repair those portions of the Premises which Landlord agrees herein to maintain and repair or due to negligent repair of said premises by Landlord. Landlord agrees to replace glass broken in the Premises when breakage is due to any of the causes set forth in the next preceding sentence which shall relieve Tenant from replacing said glass as set forth herein. Landlord and Tenant shall, at its expensecomply with all laws, throughout the Term rules, orders, ordinances, directions, regulations and all renewals requirements of federal, state, county and extensions thereof, maintain in good order, condition and repair municipal authorities pertaining to the Premises, including but not limited the Americans with Disabilities Act. Any repairs required to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been be made by Landlord’s contractors or vendors the Landlord and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible made in a prompt and workmanlike manner. All goods and materials used shall be in quality equal to or better than that being replaced. The Tenant shall supply the Landlord with copies of all warranties offered as to any replacements and shall supply Landlord with copies of any invoices for janitorial services repairs or replacements, the cost of which exceeds $5,000.00. Tenant's failure to supply such warranties and trash removal from invoices shall not be deemed a default under the Premises, at Tenant’s expenseterms of this Lease. Landlord and Tenant intend thatshall, at comply with all times during laws, rules, orders, ordinances, directions, regulations and requirements of federal, state, county and municipal authorities pertaining to the TermPremises, including the Americans with Disabilities Act. Any repairs required to be made by the Landlord and Tenant shall be made in a prompt and workmanlike manner. All goods and materials used shall be in quality equal to or better than that being replaced. The Tenant shall supply the Landlord with copies of all warranties offered as to any replacements and shall supply Landlord with copies of any invoices for repairs or replacements, the cost of which exceeds $5,000.00. Tenant's failure to supply such warranties and invoices shall not be deemed a default under the terms of this Lease. Subject to the other terms of this Lease, Tenant shall maintain acknowledges that it has inspected and that the Premises, including all fixtures, equipment and furnishings contained therein, are in satisfactory or excellent condition and accepts the Premises in good order its "AS IS" condition, without requiring Landlord to make any repairs or replacements thereof. Tenant hereby waives any objection to and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, releases Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.from

Appears in 1 contract

Samples: Sublease Agreement (Group 1 Automotive Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term4. Tenant shall, at Tenant’s expensethroughout the term of this lease, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance take good care of the heating demised premises and air conditioning system by a licensed the fixtures and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. it is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.3 WINDOW CLEANING:

Appears in 1 contract

Samples: Launch Media Inc

Maintenance and Repairs. 7.1 Tenant shallConcessionaire agrees, at its sole cost and expense, throughout the Term and all renewals and extensions thereofto maintain, maintain in good orderappearance and repair, condition and repair in a safe, first class condition, and make necessary repairs to the Premisesinterior of all of its assigned premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems the fixtures and equipment exclusively serving the Premisestherein and appurtenances thereto including, electric light fixtureswithout limitation, bulbswindows, tubes doors and tube casingsentrances, doorsstorefronts, signs, floor coverings, dock doorsinterior walls and ceiling, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if availablesurfaces of interior columns exclusive of structural deficiencies, any bulk buying power that Landlord may have columns erected by Concessionaire, partitions, and lighting within the assigned premises. Concessionaire agrees to keep and maintain in good condition the electrical equipment and the plumbing fixtures located at or in the premises. Concessionaire will cause all cooking area exhaust systems, ducts, and grease traps to be inspected monthly by an independent outside contractor, and cleaned as necessary as determined by those inspections in order to avoid grease build-up and fire hazard. This includes grease removal systems installed by Concessionaire or already existing in connection with the Leased Premises, whether located within the Leased Premises or elsewhere in the Airport. Concessionaire will furnish the Authority’s Airport Maintenance Department with written results of each such contractors inspection. All maintenance, repairs, finishing, and replacements done by Concessionaire or vendorson its behalf shall be of first-class quality in both materials and workmanship, of equal quality to or better than the original, and done in conformity with all applicable laws. All work, when completed, must be free and clear of all claims or liens on account of unpaid labor, services, or materials. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair canConcessionaire does not be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorperform, or Tenant shall perform commence and remain diligently executing, such HVAC inspection and maintenance as required within 30 days after receipt of written notice from Authority of noncompliance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so electsthis Section, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord Authority or its contractors shall have the right, right to enter upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance the maintenance, and Concessionaire agrees to promptly reimburse Authority for the actual cost thereof, plus a markup equal to 15 percent (15%) for administrative overhead. Any hazardous or repair potentially hazardous condition on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant Leased Premises shall reimburse Landlord be corrected immediately upon demand for receipt of verbal or written notice from Authority. At the sole discretion of Authority, Concessionaire shall close the Leased Premises or affected portion thereof until the hazardous or potentially hazardous condition is corrected. Authority shall provide structural maintenance of the terminal buildings. Maintenance of all costs incurred in performing such maintenance interior and exterior walls constructed or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesremodeled by Concessionaire shall be Concessionaire’s responsibility.

Appears in 1 contract

Samples: Agreement

Maintenance and Repairs. 7.1 Tenant shallAfter initial acceptance of the Demised Premises by Xxxxxx, Lessee shall perform all necessary alterations and redecorating, subject to the prior written approval of the Lessor, and shall be responsible for maintaining the Demised Premises in clean, safe, and healthy condition. Xxxxxx agrees to pay Lessor in the amount of Two Hundred Dollars ($200.00) per month for ordinary and customary cleaning and janitorial services of the Demised Premises and common areas of the Library Property, including garbage and recycling removal. Lessee shall pay this monthly cleaning fee in advance, on the first day of each and every calendar month during said term, at 000 Xxxxxxxx Xxxxx, Xxxx Xxxxxxxxxx, XX Attn: Xxxxxxxx Xxxxxxx, Finance Director at such other place as Lessor may in writing designate. All such cleaning fees not paid by Lessee within ten (10) days of its expensedue date shall bear interest at seven percent (7%) per annum, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendorsuntil paid. If Lessee requires any portion of the Premises janitorial or any system or equipment cleaning services in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit excess of such replacement extends beyond ordinary and customary, basic janitorial services provided by Lessor, Lessor will provide such excess services to Lessee within a reasonable period after Lessee's request made to Lessor, provided that such excess services are available from Lessor's regular janitorial or cleaning contractor. Lessee will pay the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive excess services at prevailing rates actually charged to Lessor for Xxxxxx's own account. Any and all necessary alterations and redecorating shall be made at Xxxxxx’s expense except as hereinafter set forth. The Lessee shall not make or permit any alterations or redecorating of or upon the Demised Premises except by and with the prior written consent of the Lessor and any and all such alterations to the Demised Premises shall be and become the property of the Lessor at the expiration or earlier termination of the Lease, unless otherwise provided in such written consent. Lessor’s obligation with reference to the Library Property shall be to maintain the common areas, roof, and exterior walls; provided, however, Lessor shall not be required to do or perform any maintenance contract occasioned by the acts of negligence of Lessee or of its employees, agents, invitees, and whenever any such damage shall occur, it shall be promptly repaired by Lessee, or Lessor shall make such repairs and the cost of such repairs shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case Lessee. The Lessor shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall not be responsible for janitorial services making any repairs to the interior of the Demised Premises such as replacing light bulbs or any other item or equipment which is used strictly by Lessee. Xxxxxx has examined the Demised Premises and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during same are known to the Term, Tenant shall maintain the Premises Lessee to be in good order and condition and appearances reasonably commensurate with repair, and Xxxxxx hereby accepts them in their present “as is” condition. Xxxxxx agrees to surrender the balance Demised Premises at the expiration or earlier termination of the Property. All of Tenant’s obligations Lease in a clean and good condition, subject only to maintain wear, tear, and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensescasualty.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout Lessee agrees to keep the Term premises in a clean and all renewals and extensions thereof, safe condition. City agrees to maintain in good order, condition order and repair and in a clean and safe condition any and all structures, facilities, improvements, and equipment at the Leased Premises, at Lessee’s including but not limited to heating without limitation all plumbing, HVAC, electrical, and air conditioning equipmentother utility systems, wallsat City’s sole cost and expense, floors during the entire Term. Lessee Except as expressly set forth in the first sentence of this Section 5.a, City shall perform any required maintenance except including without limitation on the foundation, structure, plumbing, electrical and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving roof which shall be the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion responsibility of the Premises City. Subject to the waiver of subrogation provisions of this Lease, Lessee shall repair any area damaged by Lessee, Lessee’s agents, employees, invitees and visitors whether through active or any system passive negligence. Should Lessee fail, neglect or equipment in refuse to do so, the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord City shall have the right, upon notice to Tenantbut not the obligation, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair repairs for the Lessee’s account, and the Lessee agrees to promptly reimburse the City for the reasonable, out-of- pocket cost thereof (plus an additional twenty percent (20%) for overhead), provided, however, that the City shall first give Lessee ten (10) days' written notice of its intention to perform such maintenance. City shall not be obligated to make any repairs to or maintain any improvements on behalf the subject Leased Premises unless otherwise required by this Agreement. City reserves the right of Tenant; provided such entry is made in compliance with Applicable Lawsfor its employees and agents to inspect the Leased Premises as deemed necessary by City, including and the right (but not limited toobligation) to do any and all work of any nature necessary for preservation, maintenance and operation of the Marijuana codeLeased Premises. In such cases, Tenant City shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% provide reasonable prior notice of the exercise of such actual right except in case of an emergency, and shall take reasonable costs measures to avoid interference with Lessee’s business operations in doing so. Lessee shall be given reasonable notice when any such work may become necessary and will reasonably adjust operations to permit City to proceed expeditiously with such work. Subject to City’s maintenance and repair obligations as expressly set forth above, City shall not be liable to Lessee for injury or expensesdamage that may result from any defect in the construction or condition of the Leased Premises, nor for any damage that may result from interruption of Lessee’s use of the Leased Premises during any repairs by City. Lessee waives any right to repair the Leased Premises at the expense of City under any applicable law.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. 7.1 Tenant shall, Lessor at its her sole expense, throughout the Term and all renewals and extensions thereof, maintain within a reasonable time after being notified in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained writing by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion Lessee of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedneed therefor, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the following: structural repairs to the building; repairs to the roof, gutters, and trash removal from downspouts; painting of the exterior of the building; maintenance of the yard, hard surfaced areas, and exterior lighting; as well as repairs to the plumbing, electrical, and HVAC equipment installed by the Lessor; unless the need for such repairs/maintenance is occasioned by the negligent or willful act of Lessee, its agents, employees, or invitees, in which event such repairs shall be charged to Lessee. All modifications installed by the Lessee shall be the sole responsibility of the Lessee to repair and maintain. The Lessee at its sole expense shall provide all other maintenance and make repairs, including repairs and replacements to the interior finishes necessary to keep the Leased Premises, at Tenant’s expense. Landlord building and Tenant intend thatimprovements, at all times during the Term, Tenant shall maintain the Premises and equipment in good order and repair. Lessee shall be responsible for keeping the interior of the building neat and attractive. Snow removal from parking lots and sidewalks shall be the responsibility of the Lessee. Lessee will, at the expiration of the original Term of this Lease or any renewal thereof, deliver up the Leased Premises in as good order and condition as received, excepting reasonable wear and appearances reasonably commensurate tear and damage by fire or other casualty of the kind insured against in standard policies of fire insurance with extended coverage. Except as provided herein, Lessor shall not be under any obligation to make other repairs to the Leased Premises. Lessor shall not be chargeable with any liability by reason of negligence or otherwise for not making repairs to the Leased Premises and shall not be liable for any damages (or for any reason whatsoever in connection with the balance Leased Premises whether caused by the use of the PropertyLeased Premises, water, electricity, heating equipment, or by theft or otherwise) to personal property that the Lessee or assigns or any other person may sustain on or about the Leased Premises. All Lessee shall not be entitled to any reduction in rent, or any claim for damages, by reason of Tenant’s obligations any inconvenience, annoyance, injury to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails business, or loss of natural light or ventilation arising from any repairs, alternations, or replacements made by Lessor pursuant to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 1 contract

Samples: Warehouse and Office Lease (Luna Innovations Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of tenant" fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilation systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.

Appears in 1 contract

Samples: Sublease (Miningco Com Inc)

Maintenance and Repairs. 7.1 By taking possession of the Existing Premises on the Existing Premises Commencement Date, Tenant shallagrees that the Existing Premises are then in a good and tenantable condition. By taking possession of the Expansion Premises Tenant agrees that the Expansion Premises are then in a good and tenantable condition except for any latent defects. Except for maintenance and repairs undertaken by Landlord as provided in Section 7.2 below, Tenant, at its Tenant’s sole cost and expense, throughout the Term and all renewals and extensions thereof, shall maintain in good order, condition and repair the Premises, Premises (including but not limited to heating and air conditioning equipment, the interior walls, floors floor coverings, ceiling (ceiling tiles and ceilingsgrid), window exteriorsTenant Improvements and Alterations, mechanical corridors, restrooms and electrical systems and equipment fire extinguishers), that portion of the Building Systems exclusively serving the Premises, electric light fixturesand the interior public and common areas of the Building, bulbskeeping the same in good and serviceable condition and in compliance with all Laws and Environmental Regulations; provided, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtureshowever, Tenant’s signs maintenance and utility facilities repair obligations shall not maintained include work in the nature of capital repairs, capital replacements or capital improvements under generally accepted accounting principles as reasonably determined by Landlord. Landlord shall use reasonable efforts undertake the capital repairs, replacements and improvements when necessary as determined in Landlord’s good faith discretion, subject to extend to Tenant the benefit from warranties on such itemsreimbursement in Operating Costs in accordance with Section 3.2 of this Lease, if any, that have been made or otherwise as provided in this Lease. Upon request by Landlord’s contractors or vendors , Tenant agrees to provide to Landlord (a) reasonable access to the Premises for inspections, and to extend to Tenant, as (b) appropriate evidence that Tenant is fulfilling its maintenance and if available, repair obligations in this Section 7.1 and any bulk buying power that Landlord may have with such contractors or vendors. If any portion other applicable provisions of the Premises or any system or equipment in the Premises which Lease. The evidence that Tenant is obligated to fulfilling its maintenance and repair cannot be fully repairedobligations includes maintenance contracts, Tenant shall promptly replace the samelogs, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed test reports, and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expensesimilar documentation. If Tenant fails to maintain perform Tenant’s maintenance and repair obligations, then Landlord shall have the right to perform Tenant’s maintenance and repairs commencing thirty (30) days after Landlord has given Tenant written notice thereof (or after a shorter notice period as is reasonable under the circumstances if Tenant’s failure constitutes a violation of any Laws or Environmental Requirements, jeopardize the structural or watertight integrity of the Building, or otherwise might materially adversely affect the Building, Building Systems or Project). Tenant shall pay the cost of repairs for any damage occasioned by Tenant’s use of the Premises as required or the Project or any act or omission of Tenant or Tenant’s Representatives or Visitors, to the extent not covered by this Sectionthe proceeds of Landlord’s property insurance, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case for normal wear and tear caused by ordinary use of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesPremises.

Appears in 1 contract

Samples: Part of Lease Agreement (ArcSight Inc)

Maintenance and Repairs. 7.1 Tenant shall commit no act of waste and shall take good care of the Leased Premises and fixtures and appurtenances therein and shall, at its expense, throughout in the Term use and all renewals and extensions thereof, maintain in good order, condition and repair occupancy of the Leased Premises, including but not limited conform to heating all laws, orders and air conditioning equipmentregulation of the federal, walls, floors state and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordmunicipal governments or an of their departments. Landlord shall use reasonable efforts make all repairs and maintenance necessary to extend maintain the Leased Premises. Tenant shall not make any improvements to Tenant the benefit from warranties on such items, if any, that have been Leased Premises without Landlord’s prior written consent. All improvements made by Landlord’s contractors or vendors and Tenant to extend the Leased Premises which are so attached to Tenantthe Leased Premises, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion shall become the property of the Premises or any system or equipment in Landlord upon installation. Not later through the Premises which Tenant is obligated to repair cannot be fully repairedlast day of the term of the Lease, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance remove all of the heating Tenant’s personal property and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid those improvements made by Tenant which have not become the property of the Landlord, including fixtures, cabinet work, movable paneling, partitions and an expense solely chargeable the like, repair all injury done by or in connection with installation or removal of said property and improvements and surrender the Leased Premises in as good condition as they were in the beginning of the term, reasonable wear and damage by fire, the elements, casualty or other cause not due to Tenant; but if Landlord so elects, same may be billed directly the misuse or neglect by Landlord to Tenant where Landlord on or Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf)agents, servants, visitors or licensees, excepted. Landlord shall have the rightright to enter upon the Leased Premises at any agreed time for the purpose of inspecting the same, upon or making repairs to the Leased Premises, or of making repairs, alteration or additions to adjacent premises or of showing the Leased Premises to lenders, prospective lenders or insures or prospective tenants or buyers, provided that Landlord gives reasonable notice to TenantTenant and that such entry shall not cause any damage to Tenant or unreasonably disrupt or interfere with Xxxxxx’s business, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except further provided that no such notice shall not be required necessary in case cases of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 1 contract

Samples: Real Property Commercial Lease Agreement

Maintenance and Repairs. 7.1 Tenant shallAfter initial acceptance of the Demised Premises by Xxxxxx, Lessee shall perform all necessary alterations and redecorating, subject to the prior written approval of the Lessor, and shall be responsible for maintaining the Demised Premises in clean, safe, and healthy condition. Xxxxxx agrees to pay Lessor in the amount of Two Hundred Dollars ($200.00) per month for ordinary and customary cleaning and janitorial services of the Demised Premises and common areas of the Library Property, including garbage and recycling removal. Lessee shall pay this monthly cleaning fee in advance, on the first day of each and every calendar month during said term, at 000 Xxxxxxxx Xxxxx, Xxxx Xxxxxxxxxx, XX Attn: Xxxxxxxx Xxxxxxx, Finance Director at such other place as Lessor may in writing designate. All such cleaning fees not paid by Lessee within ten (10) days of its expensedue date shall bear interest at seven percent (7%) per annum, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendorsuntil paid. If Lessee requires any portion of the Premises janitorial or any system or equipment cleaning services in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit excess of such replacement extends beyond ordinary and customary, basic janitorial services provided by Lessor, Lessor will provide such excess services to Lessee within a reasonable period after Lessee's request made to Lessor, provided that such excess services are available from Lessor's regular janitorial or cleaning contractor. Lessee will pay the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive excess services at prevailing rates actually charged to Lessor for Xxxxxx's own account. Any and all necessary alterations and redecorating shall be made at Xxxxxx’s expense except as hereinafter set forth. The Lessee shall not make or permit any alterations or redecorating of or upon the Demised Premises except by and with the prior written consent of the Lessor and any and all such alterations to the Demised Premises shall be and become the property of the Lessor at the expiration or earlier termination of the Lease, unless otherwise provided in such written consent. Lessor’s obligation with reference to the Library Property shall be to maintain the common areas, roof, and exterior walls; provided, however, Lessor shall not be required to do or perform any maintenance contract occasioned by the acts of negligence of Lessee or of its employees, agents, invitees, and whenever any such damage shall occur, it shall be promptly repaired by Lessee, or Lessor shall make such repairs and the cost of such repairs shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case Lessee. The Lessor shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall not be responsible for janitorial services making any repairs to the interior of the Demised Premises such as fixing any plumbing-related issues, replacing light bulbs, or any other item or equipment which is used strictly by Lessee. Xxxxxx has examined the Demised Premises and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during same are known to the Term, Tenant shall maintain the Premises Lessee to be in good order and condition and appearances reasonably commensurate with repair, and Xxxxxx hereby accepts them in their present “as is” condition. Xxxxxx agrees to surrender the balance Demised Premises at the expiration or earlier termination of the Property. All of Tenant’s obligations Lease in a clean and good condition, subject only to maintain wear, tear, and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensescasualty.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. 7.1 (a) Tenant shall, at its expense, throughout the Term term of this Lease, take good care of the Premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited damage or injury to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system other part of the Building and the systems and equipment thereof, requiring nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant’s subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment in done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the Building and the Premises which Tenant is obligated to repair cannot be fully repairedcaused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the Premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly two contractors per trade submitted by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf)or other reputable contractor reasonably approved by Landlord. Landlord shall have maintain in good working order and repair the rightexterior and the structural portions of the Building, upon notice to Tenantincluding the structural portions of its Premises, to undertake and the responsibility for preventive maintenance public portions of any the Building interior and the Building plumbing, electrical, heating, air conditioning and ventilating systems, sanitary, life safety, sprinkler, mechanical, security and other system or component at Tenant’s expense. Tenant base building systems serving the Premises and shall be responsible for janitorial services repair of any damage to the Premises for which Tenant would otherwise be responsible if caused by the willful acts or gross negligence of Landlord or its agents or contractors. Tenant agrees to give prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder. Except as hereinafter set forth, there shall be no allowance to Tenant for diminution of rental value and trash removal no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs, alterations, additions or improvements in or to any portion of the PremisesBuilding or the Premises or in and to the fixtures, at Tenant’s expenseappurtenances or equipment thereof. Landlord and Tenant intend that, at all times during the Term, It is specifically agreed that Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate not be entitled to any setoff or reduction of rent by reason of any failure of Landlord to comply with the balance covenants of the Propertythis or any other article of this Lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 5 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 13 hereof.

Appears in 1 contract

Samples: Agreement of Lease (Salon Media Group Inc)

Maintenance and Repairs. 7.1 Tenant shallLandlord shall keep the foundation, at its expensethe exterior walls (except glass. windows. doors, throughout door closure devices, window and door frames, molding. locks, and hardware; and interior painting or other treatment of exterior walls) and tle roof of the Term and all renewals and extensions thereof, maintain leased premises in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. except that Landlord shall use reasonable efforts not be required to extend to Tenant make repairs occasioned by the benefit from warranties on such items, if any, that have been made by Landlord’s contractors act or vendors and to extend to negligence of Tenant, as its employees, subtenants, licensees and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing responsible for the regular inspection (at least quarterly) and maintenance of the heating common area and air conditioning system by a licensed and qualified heating and air conditioning contractorcommon area equipment, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so electsincluding, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana codeelevators, air conditioning equipment and heating equipment, and power (electrical) distribution equipment. In If Landlord is responsible for any such casesrepaid and maintenance, Tenant agrees to give Landlord written notice of needed repairs. Landlord shall reimburse make such repairs within a reasonable time. Tenant shall notify Landlord immediately upon demand of any emergency repairs. Tenant shall keep the leased premises in good, clean condition and shall at its sole cost and expense. make all needed repairs and replacements, including replacement of cracked or broken glass, except for all costs incurred in performing such maintenance repairs and replacements required to be made by Landlord under this section. If any repairs required to be made by Tenant hereunder are not made within ten (1O) days alter written notice delivered to Tenant by Landlord, Landlord may at [ its option make extension, expansion or repair plus an administration renewal period thereof, or within _____days of the expiration of this Lease. or any extension. expansion or renewal period thereof, purchases the property herein leased. Landlord agrees to pay Broker, __________________ in__________County. Texas. a negotiated fee equal to 5of $ __________________ or _________________ % of such actual and reasonable costs the sales price upon closing of the sale or expensesthis property. [Sections 11 through 21 omitted intentionally by Landlord] 22.

Appears in 1 contract

Samples: E 8 Lease Agreement (Neurogenesis Inc)

Maintenance and Repairs. 7.1 At its own expense to repair the premises and shall maintain and keep the premises and every part thereof in a clean and sanitary condition and in accordance with all laws, directions, rules and regulations of the governmental agencies having jurisdiction and will keep the premises (including the interior and exterior walls, roof, paved, sodded and planted areas and all permitted signs) and every part thereof in good order and repair and painted or otherwise presentable and will maintain in good order and operating condition and replace whenever reasonably required all structural elements and the heating, air conditioning, mechanical, electrical and plumbing systems, services and equipment installed in the premises and will replace all broken glass with glass of equal quality, provided, however, that the obligations of the Tenant shallhereunder shall not extend to damage by fire, lightning, tempest or other perils against which the Landlord is insured. The Tenant covenants and agrees, at its own expense, to enter into and maintain throughout the Term term of this lease and all renewals and extensions any extension thereof, maintain in good ordera service and maintenance contract, condition with an accredited contractor, providing regular maintenance and repair routine replacements to the Premisesventilation, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit provide evidence of such replacement extends beyond contracts to the TermLandlord as may be required from time to time. The Tenant shallcovenants and agrees, at Tenant’s its own expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive and maintain throughout the term of this lease and any extension thereof, a service and maintenance contract with an accredited roofer, providing regular maintenance to the roof and membrane and shall provide evidence of such contract to the Landlord as may be required from time to time. The Tenant may, at its option, in lieu of obtaining a maintenance contract for the roof and membrane, pay to the Landlord in advance, on Tenant’s behalf). the 1st day of May in each year during the initial term of this lease commencing with the 1st day of May, 2002, an annual roof maintenance fee of $4,650.00 and upon payment of such fee, the Landlord shall have the right, upon notice to Tenant, to undertake the assume responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the roof and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times membrane during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance initial fifteen (15) years of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseslease.

Appears in 1 contract

Samples: Hyco International, Inc.

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Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term4. Tenant shall, at Tenant’s expensethroughout the term of this lease, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance take good care of the heating demised premises and air conditioning system by a licensed the fixtures and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord Owner shall maintain in good working order and repair [4A] the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant intend thatagrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, at all times during annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the Termbuilding or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.Window Cleaning:

Appears in 1 contract

Samples: Edison Schools Inc

Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. During the Lease Term, Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs whether or not caused by or resulting from carelessness, bulbsomission, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the benefit from warranties on such itemsinstallation, if anyuse of operation of the property or equipment of Tenant or any subtenant, that have been made by in each case except for the negligence or intentional acts of Landlord, or Landlord’s contractors or vendors agents, employees, contractors, and invitees (“Landlord Parties”). Tenant shall also repair all damage to extend to the building and the demised premises caused by the moving of Tenant’s fixtures, as furniture and if available, any bulk buying power that Landlord may have with such contractors or vendorsequipment. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by which Tenant is responsible, whether structural or non-structural, using only a licensed and qualified heating and air conditioning insured contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant is responsible for any and all maintenance and repairs required to the premises throughout the Lease Term, at its sole cost and expense, whether structural or non-structural in nature, other than maintenance and repairs necessitated by the actions of a Landlord Party. Owner shall not be responsible for janitorial services and trash removal from any repairs and/or maintenance to the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during premises throughout the Lease Term, except for repairs and/or maintenance necessitated by the actions of a Landlord Party. Moreover, Tenant shall maintain is responsible for ensuring the Premises premises remains in good condition and good order and condition shall not allow or permit the premises to fall into a state of disrepair. There shall be no allowance to Tenant for diminution of rental value and appearances reasonably commensurate no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from any repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof, provided that Landlord shall not unreasonably disrupt Tenant’s occupancy and use of the Demised Premises. Furthermore, it is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this Lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter fire or other casualty which are dealt with in Article 9 hereof. Premises are leased in strictly “as is” condition as of the Premises and perform such maintenance or repair on behalf commencement of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana codeLease term. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to Window Cleaning: 5% of such actual and reasonable costs or expenses. INTENTIONALLY OMITTED.

Appears in 1 contract

Samples: Plant Lease Agreement (Bit Brother LTD)

Maintenance and Repairs. 7.1 Tenant As part of the Common Area Maintenance charges (herein referred to as "CAM") for which Lessee is paying its Proportionate Share, Lessor agrees to keep in good condition and repair the roof, roof drains and gutters, foundations, underground utility and sewer pipes outside the exterior walls of the Office Complex including, exterior maintenance and landscaping, signage, exterior lighting, parking area and rear picnic area, interior common areas including the Office Complex entrance and hallways,except repairs rendered necessary by the negligence of Lessee, its agents, employees, assignees or invitees.Lessor otherwise gives to Lessee exclusive control of its Premises and shall be under no obligation to inspect said Premises or to repair any portion of the Premises except those repairs expressly itemized in this paragraph. Lessee shall promptly report in writing to Lessor any defective condition known to Lessee which Lessor is required to repair or maintain. Lessee shall, at its sole cost and expense, throughout : (a)keep the Term Premises clean and all renewals and extensions thereof, maintain in good order, condition and repair neat;and(b)keep the Premises, ,including but not limited to heating the HVAC system, the electrical and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical plumbing systems and equipment exclusively serving inside the Premises, electric light fixturesand all other matters not specifically undertaken as the responsibility of Lessor in this paragraph,in good working order and repair. CAM shall not include the following: (1) costs incurred in connection with the original construction of the Office Complex or in connection with any major alterations to the Office Complex or costs of capital improvements and any other expenditures that, bulbsunder generally accepted accounting principles, tubes should be capitalized; (2) legal fees, space planners' fees, real estate brokers' leasing commissions, and tube casingsadvertising expenses incurred in connection with the original development or original leasing of the Office Complex or the future leasing of the Office Complex, doors(3)costs for which Lessor is reimbursed by any tenant or occupant of the Office Complex or by insurance by its carrier or any tenant's carrier or by anyone else or amounts chargeable to specific tenants of the Office Complex and amounts resulting from structural replacements to the exterior of any individual store buildings of Office Complex which are normally chargeable to capital account under sound accounting principles; (4) any bad debt loss, floor coveringsrent loss, dock doorsor reserves for bad debts or rent loss, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts or political or charitable contributions; (5) expenses of extraordinary services provided to extend other tenants in the Office Complex that are made available to Tenant a tenant at cost or for which a tenant is separately charged; (6) costs associated with the benefit from warranties on such itemsoperation of the business of the entity or corporation that constitutes Lessor, if any, that have been as distinguished from the costs of operation of the Office Complex including accounting and legal matters; costs of defending any lawsuits with any mortgagee; costs of selling, syndicating, financing, mortgaging or hypothecating any of Lessor's interest in the Office Complex; and costs (including attorney fees and costs of settlement judgments and payments in lieu thereof) arising from claims, violations of law, disputes, or potential disputes in connection with potential or actual claims, litigation, or arbitration respecting Lessor or the Office Complex or the land upon which the Office Complex is constructed; (7) the wages and benefits of any onsite employees above the level of general manager; (8) the wages and benefits of any employee who does not devote substantially all of his or her time to the Office Complex unless such wages and benefits are allocated to reflect the actual time spent on operating and managing the Office Complex as opposed to time spent on matters unrelated to operating and managing the Office Complex;(9)amounts paid as ground rental or other rentals pursuant to a sale and lease back of the Office Complex by Lessor;(10) costs, including permit, license, and inspection costs,incurred with respect to the installation of tenant improvements made for new tenants in the Office Complex or incurred in renovating or otherwise improving,decorating,painting,or redecorating vacant space for tenants or other occupants of the Office Complex; (11) any compensation paid to clerks, attendants, or other persons in commercial concessions operated by Landlord’s contractors Lessor or vendors in any parking area or garage; (12) management fees; (13) costs incurred by Lessor due to the violation by Lessor or any tenant of the terms and conditions of any lease of space in the Office Complex; (14) any costs, interest, fees, points, principal or other payments associated with mortgages or security deeds on Office Complex; (15) fines, interest, charges, penalties, damages and other costs incurred by Lessor by reason of any default(or claim of default)or late payment by it under any lease or other contract or instrument(regardless of whether or not the payment itself is allowed to extend to Tenantbe included in CAM),including, as and if availablewithout limitation, any bulk buying power legal and other professional fees paid or incurred in connection therewith, any costs, fines or penalties incurred due to violations by Lessor of any governmental law,ordinance, rule or authority or costs incurred by Lessor to comply with environmental laws; (16) any costs or expenses incurred to make any of Lessor's representations or warranties under this Lease true or correct; (17) costs incurred by Lessor to comply with the Americans with Disability Act (42 U.S.C. 12101 et seq., the "ADA"); and/or (18)administrative charges in excess of ten percent (10%) of CAM, exclusive of Taxes and Assessments, Insurance and Utility Charges. In order to eliminate any ambiguity or the possibility of any duplicative billing, Lessor agrees that Landlord may have with such contractors no Insurance or vendorsTaxes and Assessments for which Lessee is paying its Proportionate Share shall be included within CAM for which Lessee will also pay its Proportionate Share. If In the event any portion other tenant of the Premises or any system or equipment Office Complex finds an error in the Premises calculation of CAM or a duplicate charge for which Tenant is obligated a reimbursement would be due under the terms of this Lease, Lessor shall adjust the calculation of CAM as it pertains to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to reimburse Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf)accordingly. Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses13.

Appears in 1 contract

Samples: Attornment Agreement

Maintenance and Repairs. 7.1 10.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the TermLease Term and at Tenant's sole cost and expense, Tenant shall maintain maintain, repair and replace all parts of the Premises Property (excluding only the Building Structure (as defined below)), including, without limitation, the roof membrane and other non-structural portions of the roof, the exterior face of exterior walls, exterior windows, the Exterior Areas, all Buildings systems, all of Tenant's signs, all windows, doors, truck doors, and other penetrations in the outer walls of the Building, all loading docks and lifts that serve the Building, floor coverings, ceilings, all HVAC equipment and systems ("HVAC Systems"), all other mechanical, electrical, plumbing, lighting, life-safety, and utility systems, equipment, conduits, pipes, ducts, and lines, and all fixtures and appliances in good order and operating condition, ordinary wear and tear and damage thereto by fire or other casualty excepted; provided that, subject to the provisions of Article 12, Tenant shall not be responsible for repairs to the Property to the extent that any damage is caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors. Tenant shall, at all times during the Lease Term, keep in a clean and safe condition the Exterior Areas. Tenant shall regularly and appearances reasonably commensurate with periodically sweep and clean the balance driveways and parking areas of the Property. All Tenant will also repair, or reimburse Landlord for, any blockage of or damage to the sewer lines and sewer system at the Premises that results from anything that enters the sewer lines from the Premises. Tenant will provide and pay for all garbage removal from the Property. Tenant will perform all repairs and replacements with first-class materials and with first-class workmanship. Tenant will, at Tenant’s obligations 's sole cost, maintain throughout the Lease Term a regularly scheduled preventative maintenance and service contract or contracts with a contractor or contractors specializing and experienced in the maintenance of HVAC equipment, for the maintenance of the HVAC Systems. The maintenance and service contract shall include all services reasonably suggested by the equipment manufacturer and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Commencement Date. Tenant shall at all times maintain the HVAC Systems in compliance with all applicable federal, state and local laws. If a leak occurs in any portion of the HVAC Systems, Tenant shall promptly repair such leak in compliance with all applicable federal, state and local laws and complete such repairs within any deadline imposed by such federal, state or local laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to any failure by Tenant to maintain the HVAC Systems in compliance with all applicable federal, state and local laws or any failure by Tenant to repair shall be accomplished at Tenant’s sole expenseany leak in any portion of the HVAC Systems in compliance with all applicable federal, state and local laws. If Tenant fails replaces any part or component of the HVAC Systems and receives a warranty from the manufacturer or a guaranty by the installer, Tenant shall furnish a duplicate original of each such warranty and guaranty to maintain Landlord. Tenant shall, at the end of the term of this Lease, surrender to Landlord the Premises with the HVAC Systems in good condition and repair working order, normal wear and tear excepted. Notwithstanding the provisions of this section 10.1 to the contrary, Landlord may at any time, upon thirty (30) days' notice to Tenant, assume maintenance of the HVAC Systems, in which case Tenant will reimburse Landlord for the cost incurred by Landlord in maintaining, repairing and replacing such HVAC Systems within thirty (30) days following demand from Landlord; provided, however, that any capital repairs or replacements of the HVAC Systems shall be reasonably amortized as determined by Landlord and consistent with prudent real property management practices for comparable buildings in the Santa Clara, CA area, together with interest at the rate of eight percent (8%) per annum; provided further, however, that Landlord may elect to assume maintenance of the HVAC Systems only if Landlord, in its sole but good faith discretion, determines that Tenant is not adequately maintaining such HVAC Systems in a condition suitable for a first class building in Santa Clara, California. Tenant hereby waives all rights under California Civil Code section 1941 and all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as required provided by this SectionCalifornia Civil Code section 1942 or any other law, statute or ordinance now or hereafter in effect. Landlord mayhas no obligation and has made no promise to alter, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)remodel, enter improve, repair, maintain, decorate or paint the Premises and perform such maintenance or repair the Building or any part thereof or any equipment, fixtures or improvements therein, except as provided herein. Notwithstanding the foregoing, if any element of (i) the Building systems (including HVAC Systems, but expressly excluding any Building systems installed by or on behalf of Tenant; provided such entry is made in compliance with Applicable LawsTenant after the Commencement Date), including but not limited to(ii) the roof or (iii) the exterior walls and exterior windows, required to be maintained by Tenant require replacement or any repair that exceeds fifty percent (50%) of the Marijuana code. In such casesreplacement cost of the item (a "Capital Repair"), then Tenant shall have the right to cause Landlord to perform such Capital Repair, and the cost thereof shall be amortized over the useful life of the capital item as determined by Landlord in accordance with the customary accounting practices employed by landlords of comparable buildings in Santa Clara, California, together with interest at the rate of eight percent (8%) per annum, or such higher annual rate as Landlord may actually have to pay, on the unamortized balance, and Tenant shall be responsible to reimburse Landlord immediately upon demand on a monthly basis for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% the portion of such actual and reasonable costs or expensesamortized cost attributable to the remaining Lease Term.

Appears in 1 contract

Samples: Lease (Gigamon Inc.)

Maintenance and Repairs. 7.1 (a) Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair and replace as necessary the interior of the Demised Premises, including but not limited to heating and the heating, air conditioning equipmentand ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems, fixtures, interior walls, floors and (including floor slabs), ceilings, window exteriorsstorefronts, mechanical and plate glass, skylights, all electrical systems facilities and equipment exclusively serving including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors, and all other appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Demised Premises, electric light fixturesexcept as to such maintenance, bulbs, tubes repair and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. replacement as is the obligation of Landlord shall use reasonable efforts pursuant to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalfSection 10(b). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during During the Term, Tenant shall maintain in full force and effect a service contract for the Premises in good order and condition and appearances reasonably commensurate with the balance maintenance of the Propertyheating, ventilation and air conditioning systems with an entity reasonably acceptable to Landlord. All Any existing service contracts at the time of execution of this Lease shall be considered as reasonably accepted by Landlord (provided that, prior to such execution, Tenant has delivered to Landlord true and complete copies of all such contracts). Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. Tenant’s obligations to maintain obligation shall exclude any maintenance, repair and repair replacement required because of the act or negligence of Landlord, its employees, contractors or agents, which shall be accomplished at Tenant’s sole expense. If Tenant fails the responsibility of Landlord, or for any equipment or other items needing repair that serve one or more other tenants in the Building (provided that the cost incurred by Landlord to maintain repair such other equipment and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall other items will be required included in case of emergencyOperating Expenses), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 1 contract

Samples: Industrial Lease Agreement (Syratech Corp)

Maintenance and Repairs. 7.1 Landlord shall maintain and repair the public portions of the Building, both exterior and interior, and the Building's mechanical and other equipment, and shall make all structural repairs to the Building and the Premises, so as to maintain the same in good working order. Landlord shall also maintain, repair and replace, if necessary, the air conditioning equipment ("A/C Equipment") serving the Premises, except for A/C Equipment serving Tenant's computer rooms, and any other supplementary or auxiliary A/C Equipment that Tenant shallmay choose to install in the Premises, except that Tenant at its expense, Tenant's expense will clean all HVAC ducts whenever required. Landlord represents that the A/C Equipment serving the third (3rd) floor of the Premises is in good working order. Tenant shall throughout the Term take good care of the Premises and all renewals the fixtures and extensions thereof, maintain in good order, condition and repair the Premisesappurtenances therein, including but not limited to the plumbing, electric and heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical at Tenant's sole cost and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, expenses make all non-structural repairs thereto as and if availablewhen needed to preserve them in good working order and condition, any bulk buying power that Landlord may have with such contractors reasonable wear and tear, obsolescence and damage from fire or vendorsother casualty, excepted. If any portion of Notwithstanding the foregoing, all damage or injury to the Premises or to any system other part of the Building, or to its fixtures, systems, equipment in and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from the Premises which Tenant is obligated to repair cannot carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, agents, employees or invitees, or arising out of any work done for Tenant, shall be fully repaired, Tenant shall repaired promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallby Tenant, at Tenant’s its sole cost and expense, maintain to the satisfaction of Landlord reasonably exercised. In no event shall Tenant be required to make any repairs which are required as a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance result of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractornegligence or willful misconduct of Landlord or its agent, contractors, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseemployees. Tenant shall be responsible for janitorial services also repair all damage to the Building and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with caused by the balance moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be of a quality or class similar to the work or construction on the date of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expensedamage. If Tenant fails to promptly (within 30 days after notice, except in an emergency, within 24 hours after telephonic notice) proceed and continue with due diligence to make the repairs required to be made by Tenant hereunder, the same may be made by Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord, including reasonable attorney's fees, if incurred, shall be collectible as additional rent thirty (30) days after rendition of a bill or statement therefor. Txxxxt shall give Landlord prompt notice of any defective condition of which Tenant has or should have knowledge in any heating, plumbing or electrical lines located in, servicing or passing through the Premises, and following such notice, Landlord, to the extent that it has the responsibility under this Lease to maintain and or repair the Premises same, shall remedy the condition with due diligence at Landlord's expense, but at the expense of Tenant if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees or invitees, as required by aforesaid. Except as provided in Article 11, or elsewhere in this SectionLease, Landlord may, on 10 days’ prior written notice (except that no notice there shall be required no allowance to Tenant for a diminution of rental value, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to Tenant's business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises, or in and to the fixtures, appurtenances or equipment thereof. The provisions of this Article 7 with respect to the making of repairs shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 12 hereof.

Appears in 1 contract

Samples: Agreement of Lease (STV Group Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout agrees to maintain the Term and all renewals and extensions thereof, maintain Premises in reasonably good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. immediately notify Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, should any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorminor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall other, repairs believed to be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseneeded. Tenant shall be responsible for janitorial services monitoring the working order of all smoke detectors and trash removal from fire alarm systems in the Premises; and shall promptly advise Landlord in writing of any part if said system becomes inoperable. Tenant shall be responsible for regular replacement of the Premises’ furnace and air conditioner filters. Major repairs necessary to the Premises shall be reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a reasonable time and during normal business hours. Tenant shall notify Landlord immediately of any emergency repairs necessary to the Premises. If in Landlord's judgment there is substantial damage to the Premises, at Landlord may terminate this lease by giving written notice to Tenant and the Rent shall be prorated and the balance refunded to Tenant, less lawful deductions. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s expenseguests or other occupants. Without limitation, the disposal of women’s feminine hygiene products in the waste/sewer system at the Premises shall be negligent/improper use of the Premises. Tenant shall be so as to maintain a good appearance and insure safety on the Premises, or to inform the Landlord if any safety problems arise that Tenant cannot quickly and reasonably remedy as Tenant. Tenant intend thatshall be responsible to reimburse and pay Landlord for the costs of any repair/service calls which are scheduled with Tenant and for which Tenant at the time of such repair/service call, and for forty-five (45) minutes thereafter are unavailable at all times during the TermPremises for such repair/service call. Without limiting the generality of the foregoing, Tenant shall: o Keep all air conditioning filters clean and free from dirt (filters are to be replaced/ changed at least once every 60 days). If Landlord discovers that filters are not being replaced every 60 days, then Landlord shall maintain have this task performed and xxxx the Premises in good order and condition and appearances reasonably commensurate cost for such work to Tenant. Tenant agrees to reimburse Landlord for expenses incurred with the balance filter replacement within 7 days of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expensenotice. If Tenant fails to maintain pay Landlord for such expenses, then Landlord may move terminate lease agreement and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case retain security deposit Tenant initials o Be completely responsible for payment of emergency), enter all necessary treatments to eradicate bed bugs if found at the Premises and perform if their presence, as solely determined by a pest-control professional, was likely due to the action(s), intentional or unintentional, of the Tenant or any person associated with Tenant (family member, friend, etc…) Tenant initials o Be solely responsible for payment of all non-termite pest control services. Landlord shall have no obligation whatsoever to pay for non-termite pest control services at the Premises o Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; o Not obstruct or cover the windows or doors; o Not leave windows or doors in an open position during any inclement weather; o Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such maintenance apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; o Deposit all trash, garbage, rubbish or repair refuse in the locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on behalf the exterior of any building or within the common elements; o Reimburse Landlord for any damages that are a result of Tenant’s negligence, carelessness, fault, intentional act, or misconduct; provided such entry o Promptly file a police report if the Premises is made damaged in compliance with Applicable Lawsany way by an unknown person. Failure to file a police report and provide a copy to Bluegrass Rental Homes, including LLC in a timely manner will result in the Tenant being charged for the damage to Premises; and o Keep that part of the Premises and yard that they occupy in a safe, sanitary, and clean condition at all times. Tenant is obligated to perform routine maintenance on the yard including, but not limited to, mowing the Marijuana codelawn, trimming trees or bushes, raking leaves, and shoveling or removing snow and ice, whenever necessary to keep the exterior in a state of good appearance and condition, upon through and including the Termination Date of this Lease. In such cases, Tenant shall reimburse in all cases perform routine maintenance of the Premises during the last 7 days of the Lease. Failure to comply will result in the maintenance services being performed by the Landlord immediately upon demand for all and the costs incurred in performing of any such maintenance services being added to the rent due on the 1st of the following month or repair plus an administration fee equal to 5% deducted from the Security Deposit at the sole option of such actual and reasonable costs or expensesLandlord.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. 7.1 The Premises are leased to Tenant in "as-is" condition as of the date hereof. Landlord makes no representation as to the fitness of the Premises for any purpose or as to the condition of the Premises, and Landlord disclaims any implied warranties with respect thereto. Tenant hereby accepts the Premises in "as-is" condition and waives the benefit of any implied warranty of fitness for purpose or condition, Tenant having previously inspected the Premises. Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereofTerm, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises in a first-class, safe, clean and sanitary condition, free from infestation and any unreasonable accumulation of trash or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Termrefuse. Tenant shall, at Tenant’s its own cost and expense, maintain a preventive commence and thereafter diligently prosecute to completion, all necessary maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable repairs to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend thatincluding, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, repairs to the Marijuana coderoof and all structural components of the improvements on the Premises, all electrical, plumbing, mechanical, HVAC and other systems and units, doors, windows, and glass, landscaping, and paving. All repairs shall be accomplished by Tenant at its sole cost and expense. All of the aforesaid repairs, restorations and/or replacements shall be in quality and class equal to the original work or installation and shall be done in a good and workmanlike manner. Landlord may, but shall not have the obligation to, notify Tenant of any needed repairs of which Landlord becomes aware. In addition, Tenant shall, at its own cost and expense, obtain a service contract for the maintenance and repair of the HVAC system servicing the Premises and shall supply the Landlord with a copy of same. If Tenant refuses or neglects to make any repair or perform any maintenance as required under this Paragraph 7 to the reasonable satisfaction of Landlord within ten (10) days after written demand that such casesbe done (or after the expiration of such shorter reasonable period in the event of any emergency), Landlord may make such repairs without liability to Tenant for any loss or damage that may occur to Tenant's property in or upon the Premises or to Tenant's business as a result thereof. Upon Landlord's completion of said work and within five (5) days following written demand therefor, Tenant shall reimburse Landlord immediately upon demand for the cost of said repairs and/or maintenance, plus fifteen percent (15%) for overhead, plus interest on all sums advanced but not yet reimbursed by Tenant and on the overhead at the maximum rate permitted by law. Any costs incurred by Landlord as a result hereof shall be deemed to be Additional Rent and, in performing such maintenance or repair plus an administration fee equal to 5% the event of such actual non-payment, Landlord shall have all the rights and reasonable costs or expensesremedies as herein provided for the non-payment of Base Rent.

Appears in 1 contract

Samples: Lease Agreement (TNR Technical Inc)

Maintenance and Repairs. 7.1 (a) Tenant shall, throughout the term of this lease, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Demised Premises or any system or equipment in and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the Demised Premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's Subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any Subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any Subtenant, such liability to be apportioned among such other tortfeasors as may be liable for such damage(s) or injury(ies). Tenant shall also repair all damage to the building and the Demised Premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the Demised Premises for which Tenant is responsible, using only the contractors approved by Owner which approval shall not be unreasonably withheld. Landlord and Tenant intend that, at all times during the TermIf any replacements become necessary or advisable, Tenant shall maintain make replacements of equal quality, value and design, as reasonably determined by the Premises Owner. If, in good order the Owner's reasonable opinion, any repairs or maintenance are not made in a timely manner, then in addition to any other remedies Owners may have, Owner may perform the obligation of Tenant and condition and appearances reasonably commensurate charge the Tenant the cost of same as Additional Rent. Tenant shall have the right to contract with the balance of the Property. All a security company of Tenant’s obligations 's choice except that any installations relating to maintain and repair security shall be accomplished at Tenant’s sole expense. If Tenant fails subject to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and landlord's reasonable costs or expensesapproval.

Appears in 1 contract

Samples: Agreement of Lease (Edgar Online Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition Typical maintenance and repair provisions in a commer- cial lease will specify which portions of the Premisesbuilding the landlord and the tenant will each be required to maintain. The tenant is normally required to maintain the leased space, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems the fixtures and equipment exclusively located within and serving the Premisesspace. The landlord is typically required to maintain those areas of the building and portions of the property that are not used exclusively by a tenant, electric light fixturesincluding mechanical systems serving the building. The costs of such maintenance, bulbsrepair and replacement are charged back to the tenants in the form of operating costs. From the landlord’s perspective, tubes the maintenance and tube casingsrepair provision in a green lease should specify that the tenant must satisfy maintenance and repair obligations in a manner that is consistent with the building’s sustainability practices as set forth in the EMP, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained the environmental certification earned by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenantbuilding, as applicable. For example, the tenant should be prohibited from replacing a dishwasher with one that does not meet the water reduction and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion energy reduction measures of the Premises or any system or equipment building. Similarly, the tenant should negotiate a provision within the lease requiring that the landlord’s maintenance, repair and replacement obliga- tions will be satisfied in a manner that is in conformance with the Premises which Tenant is obligated certification earned by the building. COMPLIANCE WITH LAWS Typical commercial leases require the tenant to repair cannot be fully repairedcomply with all present and future applicable laws, Tenant shall promptly replace statutes, ordinances, codes, rules and regulations applicable to the same, regardless of whether the benefit of such replacement extends beyond the Termproperty. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance The allocation of the heating responsibilities and air conditioning system by costs of compliance, of course, depends on the respective bargaining power of the landlord and tenant. In a licensed and qualified heating and air conditioning contractorgreen lease, or Tenant shall perform such HVAC inspection and maintenance this provision should be expanded to require the tenant to comply with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same the landlord’s sustainable building practices (which may be billed directly by Landlord specified in an EMP) including the applicable requirements for any green certification earned (or sought to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalfearned). Landlord shall have From the righttenant’s perspective, upon notice the green lease should also require the landlord to Tenantcontinue to comply with all certification requirements and the EMP, and should require the landlord to undertake include in other tenants’ lease agreements the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate obligation to comply with the balance certification requirements and sustainability practices of the Property. All of Tenant’s obligations to maintain building and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesEMP.

Appears in 1 contract

Samples: Feature

Maintenance and Repairs. 7.1 4. (a) Tenant shall, at its expense, ; throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Demised Premises or any system or equipment in and the Premises which Tenant is obligated fixtures and appurtenances therein. Subject to repair cannot be fully repairedthe waiver of subrogation provisions, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services all damage or injury to the Demised Premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from the Premiseswrongful intentional acts or negligence of Tenant, Tenant's subtenants, agents, employees, or licensees, unless caused by the act or omission or negligence of Owner, its agents, employees or contractors. Tenant shall also repair all damage to the building and the Demised Premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the Demised Premises for which Tenant is responsible, using contractors reasonably acceptable to Owner. Landlord Any other repairs in or to the building or the facilities and systems thereof for which Tenant intend thatis responsible, shall be performed by Owner at all times during the TermTenant's reasonable expense, Tenant following Tenant's receipt of invoice and reasonable backup. Owner shall maintain in good working order and repair the, exterior and the structural portions of the building, including the structural portions of its Demised Premises, and the public portions of the building interior and the building plumbing, mechanical, electrical, heating and ventilating systems serving or passing through the Demised Premises. Tenant agrees to give prompt notice of any defective condition in the Premises in good order and condition and appearances reasonably commensurate for which Owner may be responsible hereunder after Tenant has actual knowledge thereof. Provided Landlord uses reasonable efforts to avoid interfering with the balance of the Property. All of Tenant’s obligations 's business, without any obligation to maintain and repair incur overtime, there shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited allowance to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 1 contract

Samples: Agreement of Lease (Electro Optical Sciences Inc /Ny)

Maintenance and Repairs. 7.1 Tenant A. Landlord's Obligations ---------------------- Except for special or non-standard systems and equipment installed for Tenant's exclusive use, Landlord shall, at its expenseLandlord's initial cost and expense subject to reimbursement by Tenant of Tenant's Proportionate Share of such cost and expense as an Operating Cost, throughout the Term and all renewals and extensions thereof, maintain keep in good order, condition and repair the Premisesheating, including but not limited to heating ventilating and air conditioning equipmentand other mechanical systems which service the Premises as well as other premises within the Building; the foundations, exterior walls, floors structural condition of interior bearing walls, and ceilingsroof of the Premises and Building; and the parking lots, window exteriorswalkways, mechanical driveways, landscaping, fences, signs and electrical systems utility installations and equipment exclusively serving other Common Areas of the Project. Landlord shall not be in breach of its obligations under this Section unless Landlord fails to commence, within three (3) days after written notice of a need for such repairs or maintenance is given to Landlord by Tenant, and to thereafter diligently prosecute to completion, any repairs or perform maintenance which it is obligated to perform hereunder, and such failure materially and adversely affects Tenant's business operations in the Premises. Landlord shall not be required to make any repairs for damage caused by any negligent or intentional act or omission of Tenant or any person claiming through or under Tenant or any of Tenant's employees, suppliers, shippers, customers or invitees, unless Tenant or another party agrees to pay Landlord for Landlord's actual costs therefor, or unless Landlord elects to file an insurance claim as provided in Section B below; otherwise, Tenant shall, with the consent and under the direction of Landlord, repair such damage at its sole cost and expense. Tenant hereby waives and releases any right it may have to make repairs to the Premises, electric light fixturesBuilding or Project at Landlord's expense under any law, bulbsstatute, tubes ordinance, rules and tube casingsregulations now or hereafter in effect in any jurisdiction in which the Project is located. Tenant understands that, doorsdue to the seven days a week, floor coveringstwenty-four hours a day nature of Tenant's business, dock doorsLandlord may find it necessary to temporarily interrupt utility and other Building services in order for Landlord to perform periodic or other necessary repair, levelersmaintenance and replacement activities. Except in the case of emergency, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall will (i) use all reasonable efforts to extend to Tenant the benefit from warranties on such itemsminimize any interference in Tenant's business operations, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have (ii) in connection with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such scheduled maintenance or repair on behalf when Landlord anticipates that electrical service will be interrupted for a period of time less than one (1) hour, provide Tenant and Tenant; provided such entry is made 's facility manager previously identified to Landlord with not less than two (2) hours prior notification, and (iii) in compliance connection with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such scheduled maintenance or repair plus when Landlord anticipates that electrical service will be interrupted for a period of time of one (1) hour or longer, provide Tenant and Tenant's facility manager previously identified to Landlord with not less than ten (10) days prior notification, and at Tenant's request and if reasonably able to do so, Landlord will perform such scheduled maintenance and repair (anticipated to cause an administration fee equal to 5% electrical interruption of greater than one (1) hour) during the midnight shift of Tenant's employees or at such actual and reasonable costs or expensesother time as may be reasonably requested by Tenant.

Appears in 1 contract

Samples: Office Lease (Moneygram Payment Systems Inc)

Maintenance and Repairs. 7.1 Except for customary cleaning and trash removal provided by Landlord under Article 6, casualty damage to be repaired by Landlord under Article 11, Tenant shall, at its expense, throughout shall keep and maintain (or cause to be kept and maintained) the Term and all renewals and extensions thereof, maintain Premises in good orderand sanitary condition, condition working order and repair the Premisesrepair, in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including but not limited to heating the Rules (including any carpet and air conditioning equipmentother flooring material, paint and wall-coverings, doors, windows, ceilings, interior surfaces of walls, floors lighting, plumbing and ceilingsother fixtures, window exteriorsalterations, mechanical improvements, and electrical systems and equipment in or exclusively serving the PremisesPremises whether installed by Landlord or Tenant). In the event that any repairs, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors maintenance or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedreplacements are required, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing notify Landlord and arrange for the regular inspection same either: (at least quarterlyi) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorthrough Landlord for such reasonable charges as Landlord may establish from time to time, payable within fifteen (15) days after billing, or Tenant (ii) at Landlord’s option, by engaging such contractors as Landlord shall first designate or approve in writing to perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost work, all in a first class, workmanlike manner Table of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly Contents approved by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract in advance in writing and otherwise in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensecompliance with Article 9 respecting “Work”. Tenant shall be responsible promptly notify Landlord concerning the necessity for janitorial services any repairs or other work hereunder and trash removal upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises caused, in whole or in part, as a result of moving any furniture, fixtures, or other property to or from the Premises, at Tenant’s expenseor otherwise by Tenant or its employees, agents, contractors, or visitors (notwithstanding anything to the contrary contained in this Lease). Except as provided in the preceding sentence, or for damage covered under Article 11, Landlord shall keep the roof, structure, Systems and Tenant intend thatEquipment, at all times during and common areas of the Term, Tenant shall maintain the Premises Property in good and sanitary condition, working order and condition and appearances reasonably commensurate with repair (the balance cost of the Property. All of Tenant’s obligations to maintain and repair which shall be accomplished at Tenant’s sole expense. If Tenant fails included in Expenses to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required extent permitted in case of emergencythe definition thereof in Article 30), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 1 contract

Samples: Office Lease (Intercontinentalexchange Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the TermLease Term and at Tenant’s sole cost and expense, Tenant shall maintain maintain, repair and replace all parts of the Premises (excluding only the entire structural envelope of the Building, the foundation, the roof, the exterior face of exterior walls, all windows and glazing, main sewer line, and the load-bearing portions of load-bearing walls, parking area and sidewalks), including, without limitation, all Building systems, all of Tenant’s signs, doors, truck doors, and other penetrations in the outer walls of the Premises, all loading docks and lifts that serve the Premises, floor coverings, ceilings, elevators, all HVAC equipment and systems and all other mechanical, electrical, plumbing, lighting, life-safety, and utility systems, equipment, conduits, pipes, ducts, and lines, and all fixtures and appliances in good order and condition operating condition, ordinary wear and appearances reasonably commensurate tear and damage thereto by fire or other casualty excepted. Tenant will also repair, or reimburse Landlord for, any blockage of or damage to the sewer lines and sewer system at the Building that results from anything that enters the sewer lines from the Premises; provided, Landlord shall otherwise be responsible for the sewer lines. Tenant will provide and pay for all garbage removal from the Premises, as well as janitorial services for the Building. Tenant will perform all repairs and replacements with the balance of the Propertyfirst-class materials and with first-class workmanship. All of Tenant’s obligations to maintain and repair shall be accomplished Tenant will, at Tenant’s sole expensecost, maintain throughout the Lease Term a regularly scheduled preventative maintenance and service contract or contracts with a contractor or contractors specializing and experienced in the maintenance of HVAC equipment, for the maintenance of the HVAC systems. The maintenance and service contract shall include all services suggested by the equipment manufacturer (including requiring that the filters be changed at least every 60 days) and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Expansion Premises Commencement Date. Tenant shall at all times maintain the HVAC systems in compliance with all applicable federal, state and local laws. If a leak occurs in any portion of the HVAC systems, Tenant shall promptly repair such leak in compliance with all applicable federal, state and local laws and complete such repairs within any deadline imposed by such federal, state or local laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees and disbursements, arising from or related to any failure by Tenant to maintain the HVAC systems in compliance with all applicable federal, state and local laws or any failure by Tenant to repair any leak in any portion of the HVAC systems in compliance with all applicable federal, state and local laws. If Tenant fails replaces any part or component of the HVAC systems and receives a warranty from the manufacturer or a guaranty by the installer, Tenant shall furnish a duplicate original of each such warranty and guaranty to maintain Landlord. Tenant shall, at the end of the term of this Lease, surrender to Landlord the Premises with the HVAC systems in good condition and repair working order. Notwithstanding the provisions of this section 10.1 to the contrary, Landlord may at any time, upon thirty (30) days’ notice to Tenant, assume maintenance of the HVAC systems, in which case Tenant will reimburse Landlord for the cost incurred by Landlord in maintaining, repairing and replacing such HVAC systems within thirty (30) days following demand from Landlord; provided, however, that any capital repairs or replacements of the HVAC systems shall be reasonably amortized as determined by Landlord and consistent with prudent real property management practices for comparable buildings in the San Diego area, together with interest at the rate of ten percent (10%) per annum. Tenant hereby waives all rights under California Civil Code section 1941 and all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as required provided by this SectionCalifornia Civil Code section 1942 or any other law, statute or ordinance now or hereafter in effect. Landlord mayhas no obligation and has made no promise to alter, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)remodel, enter improve, repair, maintain, decorate or paint the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Lawsthe Building or any part thereof or any equipment, including but not limited to, the Marijuana codefixtures or improvements therein. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses../-/11-17-20// EXHIBIT A-3- 0000000x0 / 500209.0017

Appears in 1 contract

Samples: Lease (Dexcom Inc)

Maintenance and Repairs. 7.1 Tenant shallExcept as otherwise provided herein, Landlord at its own cost and expense shall maintain and keep in good repair all portions of the Warehouse Premises (specifically excluding the Demised Premises) and the grounds, including, without limitation, the roof and the exterior walls of the building, roadways, railways and sidewalks surrounding such building, and including all mechanical equipment and fixtures such as sprinkler systems, windows, doors, floors, heating, plumbing, air-conditioning equipment, refrigeration equipment (including such equipment within the Demised Premises), sewer system and electrical wiring. Landlord shall provide reasonable services for snow removal from Tenant's access road and parking area. Tenant, at its own cost and expense, throughout shall maintain and keep in good repair all portions of the Term Demised Premises and shall preserve same free from obnoxious odors, vermin, rubbish, debris or any other foreign matter, keep it in a clean and sanitary manner, and shall make all repairs to the Demised Premises necessary to maintain the Demised Premises in its condition at the Commencement Date, reasonable wear and tear excepted. Tenant shall also at its own cost and expense maintain and keep in good repair any and all renewals mechanical equipment and extensions thereof, maintain in good order, condition fixtures furnished or installed by it for the Demised Premises and shall be responsible for the maintenance and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical of all electrical wiring and electrical systems equipment for all of Tenant's equipment installed by Tenant in the Demised Premises. Tenant agrees to keep faucets closed so as to prevent waste of water and equipment exclusively serving flooding of premises and to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent freezing of pipes. Tenant shall provide snow removal from sidewalks and pedestrian entrances. In addition to all other amounts paid by Tenant to Landlord hereunder, Tenant shall pay in advance to Landlord the total of $[...***...] which amount shall serve as a maintenance reserve for the Demised Premises for Tenant's maintenance expense incurred in maintaining the Demised Premises. During the term of this Sub-Lease, electric light fixturessaid maintenance reserve may be used by Landlord for repair and maintenance expenses incurred in repairing and maintaining the existing Demised Premises excluding the payment for tenant improvements or additions and alterations of the Demised Premises. From time to time, bulbsTenant may submit requests to Landlord to pay for said reasonable repairs and maintenance from said maintenance reserve. Said request shall be approved by Landlord within 15 days of said request unless said expenditure is not for the repair and maintenance of the existing Demised Premises. Upon approval of said request, tubes and tube casingsTenant shall contract to make said repairs only with contractors approved by Landlord or Tenant's employees, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained if approved by Landlord. Landlord may from time to time require Tenant to make all repairs necessary to maintain the Demised Premises in its condition on the Commencement Date, reasonable wear and tear excepted. In the event Tenant does not commence said repairs within 30 days from Landlord's request, then Landlord shall use reasonable efforts have the unconditional right to extend to make said repairs and deduct the total cost of the same from said maintenance reserve and xxxx Tenant for the benefit cost of said repairs in excess of said maintenance reserve. Any bills submitted by Landlord and not paid within 15 days from warranties on such itemsthe date of invoice shall bear interest at 16% per annum. Tenant shall be liable for the payment of all said repair and maintenance expense for the Demised Premises in excess of the maintenance reserve, if anyhowever, that at the end of this Sub-Lease term, any remaining balance in the maintenance reserve after the Demised Premises have been made by Landlord’s contractors or vendors and returned to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of in its condition on the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract Commencement Date shall be paid by Tenant and an expense solely chargeable Landlord to Tenant; but if . Tenant shall surrender the Demised Premises in as good condition as same were at the Commencement Date, reasonable wear and tear only excepted. If such maintenance reserve shall for any reason or at any time fall below or be less than $[...***...], then Tenant shall have 30 days after Landlord so elects, same may be billed directly by invoices Tenant for such deficiency in which to pay Landlord to Tenant where Landlord on Tenant’s behalf enters for deposit into such preventive maintenance contract and in reserve an amount so as to keep the maintenance reserve at $[...***...] at all times. If Tenant does not pay such case shall be deemed Additional Rent (amounts to Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). for deposit within the 30 days as aforementioned, Landlord shall have the right, option to terminate this Sub-Lease upon 30 days written notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 1 contract

Samples: Sub Lease Agreement (Surebeam Corp)

Maintenance and Repairs. 7.1 Tenant The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the interior of the demised premises in as good a state of repair as it is at its expensethe time of the commencement of this lease, throughout reasonable wear and tear and unavoidable casualties excepted. The Lessor shall provide office cleaning and building security at no additional charge to the Term Lessee. Lessee is responsible for permitting the professional cleaning vendor access to their leased office space. Office cleaning is normally done the evenings of Wednesdays and all renewals on the weekends. In order to keep our building sanitary, it is CSC policy that any food waste be disposed of in the kitchen area waste baskets only. Lessor is a green-friendly office and extensions thereofdoes recycle paper, cardboard, glass and plastic products. Lessee is responsible for the insurance of personal property, and must provide Lessor with a current proof of general liability insurance on a recurring basis. Subject to the terms and conditions of the Condominium Associations’ rules and regulations, the Lessor shall maintain and keep in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion exterior of the Premises or any system or equipment in demised premises during the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless term of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) this lease and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents or employees. Subject to the terms and trash removal from conditions of the PremisesCondominium Associations’ rules and regulations, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant Lessor shall maintain the Premises in good order interior and condition and appearances reasonably commensurate with the balance exterior of the Propertydemised premises including grounds and parking area so as to conform to all applicable health and safety laws, ordinances and codes which are presently in effect and which may subsequently be enacted during the term of this lease and any renewal periods. All of Tenant’s obligations to maintain and repair Vehicle parking shall be accomplished at Tenant’s sole expenselimited to marked locations (CSC) and extra parking spaces to the west of the office building. If Tenant fails Subject to maintain the terms and repair conditions of the Premises as required by this Section, Landlord may, on 10 daysCondominium Associationsprior written notice (except that no notice shall be required in case of emergency), enter the Premises rules and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited toregulations, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand Lessor agrees to furnish pest control services for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% the leased premises during the term of such actual and reasonable costs or expensesthe lease at the expense of the Lessor.

Appears in 1 contract

Samples: Commercial Lease Agreement

Maintenance and Repairs. 7.1 (a) The provisions of this Article IX are subject to the provisions of Article XII and Article XIII hereof. At all times during the Term of this Lease after the Turnover Date, Tenant shall, at its sole cost and expense, throughout the Term keep and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in as good a condition and state of repair as exists on the Turnover Date, ordinary wear and tear excepted. From and after the Turnover Date, (i) Tenant shall make any and all additions to and all alterations and repairs in, on and about the Premises which may be required by, and shall otherwise observe and comply with, all public laws, ordinances and regulations from time to time applicable to the Premises and (ii) Tenant will (a) keep the interior and exterior of the Premises (including paving, parking areas, and landscaping), together with all electrical, plumbing, heating, ventilating, air-conditioning, fire pump, exterior storm drain systems, irrigation systems and other mechanical systems and installations therein, in good order and repair including normal and customary preventive maintenance and will make all replacements from time to time required in as good a condition as exists on the Turnover Date, ordinary wear and appearances reasonably commensurate with tear excepted. Landlord shall be responsible at Landlord’s sole cost and expense throughout the balance Term of this Lease for the repair, maintenance, and replacement of the Propertyroof, load bearing walls, foundation, and other structural elements of the building. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair Except as set forth in the Premises as required by this Sectionpreceding sentence, Landlord mayshall have no obligation whatsoever arising under this Lease with respect to the repair and/or maintenance of the Premises. Within a commercially reasonable period in light of the nature of the repair and/or replacement, on 10 days’ prior written notice (except that Landlord shall satisfy its obligations hereunder. Unless Tenant has engaged Landlord or an affiliate of Landlord to provide property management services, then no notice shall management fees or personnel service charges may be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana codecharged by Landlord for property management. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance take no action to invalidate any warranty relating to the roof or repair plus an administration fee equal to 5% any other portion of such actual and reasonable costs or expensesthe Improvements.

Appears in 1 contract

Samples: Lease Agreement (Big Dog Holdings Inc)

Maintenance and Repairs. 7.1 6.1.1 The Tenant shallagrees at all times, from and after delivery of possession of the Premises to the Tenant, and at its expenseown cost and expense to maintain, throughout repair and/or replace in good and tenantable condition the Term Premises and every part thereof, excluding only the roof, exterior walls, structural parts of the Premises and structural floor. Tenant's obligation includes without limitation floor covering (including carpeting, terrazzo or other special flooring), the utility meters, electrical wiring, plumbing pipes and conduits, all fixtures, air conditioning, heating, HVAC, sewage, and sprinkler systems, including equipment serving the Premises (operation and maintenance to be performed at least in accordance with manufacturer's specifications or other minimum operation and maintenance standards furnished to Tenant by Landlord) and other equipment therein, the ceiling, storefront or storefronts, all Tenant's signs, locks and closing devices, and all renewals window sash, casement or frames, door and extensions door frames, and all such items of maintenance, repair and/or replacement, improvement or reconstruction as may at any time or from time to time be required by a governmental agency having jurisdiction thereof. Tenant shall have all heating, maintain in good order, condition air conditioning and repair the Premises, including but not limited HVAC systems regularly serviced and maintained pursuant to a service contract with a professional heating and air conditioning equipmentservice firm, and both the contractor and the contract shall be approved in writing by Landlord. All glass, both exterior and interior, is at the sole risk of Tenant, and any glass broken shall be promptly replaced by Tenant with glass of equal or greater quality, all meeting applicable codes. As used in this Article the expression "exterior walls" shall not be deemed to include storefront or storefronts, floors and ceilingsplate glass, gates, window exteriorscases, or window frames, doors or door frames and their appurtenances even if located in or on such walls. It is understood and agreed that the Landlord shall be under no obligation to make any repairs, alterations, renewals, replacements or improvements to and upon the Premises or the mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, Premises at any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensetime. Tenant shall be responsible provide for janitorial pest extermination services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesintervals.

Appears in 1 contract

Samples: Lease Agreement (ADVANCED MEDICAL ISOTOPE Corp)

Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant agrees that the Premises are then in a good and tenantable condition except for Landlord’s then remaining construction obligations under Exhibit B, if any. During the Term, Tenant at Tenant’s expense but under the direction of Landlord, shall keep the Premises, in a clean, safe and orderly condition, including without limitation, providing its own interior janitorial services (including without limitation, changing light bulbs, janitorial supplies and equipment and garbage removal and disposal), and shall repair and maintain the Premises, in a first class condition including, but not limited to, all repair and replacement of plate glass (for clarity, Tenant shall be responsible for broken glass or broken windows because of damage caused by Tenant or third parties (other than Landlord or its employees, agents or contractors) but Tenant shall not be responsible for defective or failed window systems), interior doors and any special office entries, floor covering, truck doors, dock bumpers, dock plates and levelers, interior ceilings, plumbing and electrical work and fixtures, skylights, smoke hatches and roof vents, hot water heaters, and HVAC equipment within or solely serving the Premises. Tenant shall, at its own expense, throughout the Term and enter into a regularly scheduled preventive maintenance service contract with a maintenance contractor for servicing all renewals and extensions thereofhot water, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical HVAC systems and equipment exclusively within or solely serving the Premises. The maintenance contractor and the contract must be approved by Landlord, electric light fixtureswhich shall not be unreasonably withheld, bulbs, tubes conditioned or delayed. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and tube casings, doors, floor coverings, dock doors, levelers, plumbing system must become effective and plumbing fixtures, a copy thereof delivered to Landlord within thirty (30) days of the Commencement Date. Tenant understands that Tenant shall at Tenant’s signs expense also perform necessary pest extermination and utility facilities not maintained by Landlordregular removal of trash and debris. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace not damage any demising wall or disturb the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant integrity and support provided by any demising wall and shall, at Tenant’s its sole expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid immediately repair any damage to any demising wall caused by Tenant and an expense solely chargeable to Tenant; but if Landlord so electsor its employees, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system agents or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesinvitees.

Appears in 1 contract

Samples: Lease Agreement (Cascade Microtech Inc)

Maintenance and Repairs. 7.1 4. Except as to those repair and replacement obligations which are the responsibility of Owner under this Lease, Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by, bulbsor resulting from, tubes and tube casingscarelessness, doorsomission, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained subtenants, agents, employees, invitees or licensees, or which arise out of any work, (except for work performed by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s Owner or its contractors or vendors and to extend to Tenantother agents) labor, as and if availableservice or equipment done for, or supplied to, Tenant or any bulk buying power that Landlord may have with such contractors subtenant, or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorwhich Tenant is responsible, and, if such repairs are structural or affect building systems, Tenant shall perform use only contractors approved by Owner (such HVAC inspection consent not to be unreasonably withheld) for such repairs. Any other repairs in or to the building or the facilities and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract systems thereof, for which Tenant is responsible, shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises including, without limitation, the structural, exterior and curtain walls, common areas, sanitary, mechanical, plumbing, electrical, sprinkler and fire safety systems, and other base building systems of the Building. All such repairs shall be responsible for janitorial services made in a good and trash removal from workerlike manner and performed with reasonable diligence and in a manner reasonably intended to minimize interference with the conduct of Tenant’s business and access to the Demised Premises; provided that Owner shall not be required to employ contractors or labor at overtime or other premium pay rates unless Tenant, at Tenant’s request and expense, shall bear the cost thereof. Landlord Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. Except as expressly set forth in Section 41B, there shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. Except as expressly set forth in Section 41B, it is specifically agreed that Tenant intend that, at all times during shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the Termcovenants of this or any other article of this lease. Except as expressly set forth in Section 41B, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.Window Cleaning:

Appears in 1 contract

Samples: Atari Inc

Maintenance and Repairs. 7.1 Tenant A. Landlord's Obligations Except for special or non-standard systems and equipment installed for Tenant's exclusive use, Landlord shall, at its Landlord's initial cost and expense subject to reimbursement by Tenant of Tenant's Proportionate Share of such cost and expense, throughout as amortized over the Term and all renewals and extensions thereofuseful life of such improvement as determined by Generally Accepted Accounting Practices, maintain keep in good order, condition and repair the Premisesheating, including but not limited to heating ventilating and air conditioning equipmentand other mechanical systems which service the Premises as well as other premises within the Building; the foundations, exterior walls, floors structural condition of interior bearing walls, and ceilingsroof of the Premises and Building; and the parking lots, window exteriorswalkways, mechanical driveways, landscaping, fences, signs and electrical systems utility installations and equipment exclusively serving other Common Areas of the Project. Landlord shall not be in breach of its obligations under this Section unless Landlord fails to make any repairs or perform maintenance which it is obligated to perform hereunder and such failure persists for an unreasonable time after written notice of a need for such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repairs that are the obligation of any tenant or occupant within the Building or Project or repairs for damage caused by any negligent or intentional act or omission of Tenant or any person claiming through or under Tenant or any of Tenant's employees, suppliers, shippers, customers or invitees, in which event Tenant shall, with the consent and under the direction of Landlord, repair such damage at its sole cost and expense. Tenant hereby waives and releases any right it may have to make repairs to the Premises, electric light fixturesBuilding or Project at Landlord's expense under any law, bulbsstatute, tubes ordinance, rules and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant regulations now or hereafter in effect in any jurisdiction in which the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant Project is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseslocated.

Appears in 1 contract

Samples: Office Lease (Timeline Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term sole cost and expense shall at all renewals times maintain and extensions thereof, maintain keep in good order, repair and condition and repair make all necessary repairs to and replacements of all or any part of the Premisesleased premises, including including, but not limited to heating and to, all glass, all electrical, heating, air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturessystems and, during the initial term of this Lease, all structural members, exterior walls and roof; provided, however, that, during the renewal term of this Lease, Tenant shall provide ordinary maintenance for all structural members, exterior walls and roof, and Landlord shall be responsible for all necessary repairs to and replacements of said structural members, exterior walls and roof unless the same is necessitated by Tenant’s signs 's act or omission (other than ordinary wear and utility facilities not maintained by Landlordtear) or those or its agents, employees or contractors. Tenant shall commit no waste nor suffer the same to be committed on the leased premises. Tenant shall bear all risk of loss from the use and occupation of the leased premises, except as provided in the preceding paragraph and except loss for which Tenant has obtained fire and extended coverage insurance protection but only to the extent that Landlord receives sums from such insurance carriers on account of any such loss. Landlord shall use reasonable efforts to extend assign to Tenant all manufacturers' warranties upon the benefit from warranties on such items, roof and the heat@ing and cooling equipment if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion Upon the commencement of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, renewal term Tenant shall promptly replace reassign to Landlord such warranties as relate to the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf)roof. Landlord shall have the rightright to enter upon the leased premises from time to time in order to inspect the same, upon notice but this right shall be exercised in such manner as not to interfere with Tenant's use and enjoyment of the leased premises and shall be subject to any and all laws, orders, or regulations of the United States Government or any department or agency thereof, relating to information affecting the national security which may at any time apply to Tenant, to undertake 's use of the responsibility for preventive maintenance of any other system or component at Tenant’s expenseleased premises. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate comply with the balance requirements, with respect to the use, occupancy and/or maintenance of the Property. All leased premises, of the Connecticut Development Authority as contained in the Mortgage Deed between the Connecticut Development Authority and Landlord dated June 19, 1981, provided, however, that Tenant’s , unless otherwise provided herein, shall not be obligated in any way with respect to the note secured by such Mortgage Deed, any tax obligations contained in such Mortgage Deed, any insurance obligations contained in such Mortgage Deed including, without limitation, any insurance for the loan secured by such Mortgage Deed, any insurance on the leased premises or improvements thereto and any insurance on the life or well being of any person) and any other obligations contained in such Mortgage Deed which do not relate directly to maintain the use, occupancy and/or maintenance of the leased premises by a tenant thereof, and repair further provided that the foregoing shall not in any way be accomplished at Tenant’s sole expense. If deemed to be an assumption by Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform any of Landlord's obligations under such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesMortgage Deed.

Appears in 1 contract

Samples: Lease (Park Electrochemical Corp)

Maintenance and Repairs. 7.1 Tenant shallshall take good care of and maintain the Premises (including all Trade Fixtures, at its expenseand improvements, throughout the Term and all renewals and extensions thereofadditions, maintain or alterations situated in good order, condition and repair the Premises) in a first class, including but clean, and safe condition. Tenant shall not limited commit or allow any waste or damage to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties be committed on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Premises. Tenant shall promptly repair or replace any damage to any part of the sameProject, regardless of whether the benefit of such replacement extends beyond the Termcaused by Tenant or by a Tenant Related Party. However, upon written notice and Tenant shallfails to cure within a reasonable time as set forth in this Lease after written notice, Landlord may, at Tenant’s expenseits option, maintain a preventive maintenance contract providing make such repairs, improvements, or replacements; and Tenant shall repay Landlord on demand the actual costs incurred by Landlord to make such repairs, improvements, or replacements plus an additional charge (as reasonably determined by Landlord) to cover administrative overhead. Landlord shall arrange for the regular inspection (at least quarterly) repair and maintenance of the heating foundation, exterior walls, and roof of the Building; the public areas within the Building; the heating, air conditioning conditioning, and ventilation system within the Building; and the facilities providing utility services (other than facilities installed by a licensed telephone or telecommunications provider selected by Tenant) which are located within the Project (collectively, “Landlord's Repair Obligations”). Landlord, however, shall not be required to make any repairs arising as a result of, in whole or in part, the act or negligence of Tenant or any Tenant Related Party; and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The the cost of such preventive maintenance contract those repairs shall be paid by Tenant and an expense solely chargeable to the obligation of Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and . In the event that the Premises 1001 3rd Avenue South - Select Comfort Corporation - NNN (2016 v1.1) become in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance need of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Termrepairs which are within Landlord's Repair Obligations, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance give immediate notice to Landlord of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% nature of such actual repair needs; and Landlord shall not be responsible in any way for failure to make any repairs until a reasonable costs or expensestime shall have elapsed after receipt by Landlord of such written notice.

Appears in 1 contract

Samples: Lease Agreement (Select Comfort Corp)

Maintenance and Repairs. 7.1 Tenant shallshall repair any damage to the premises caused by the Tenant or by any of Tenant's employees, at its expenseagents, throughout customers, invitees or licensees, other than from ordinary wear and tear. Tenant shall maintain the Term interior of the premises and all renewals doors, windows, heating, cooling, plumbing, alarm systems, sewer and extensions thereofmechanical equipment and plate glass. Tenant shall maintain a maintenance agreement for the mechanical HVAC equipment, maintain in good order, condition and repair the Premises, including but not limited Landlord to heating and pay for all major HVAC replacement. Tenant is responsible for changing air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving heat filters. Tenant is responsible for all plumbing within the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained leased premises. Tenant shall be responsible for clogged lines due to all matters other than stoppage by Landlordroots or collapse of lines due to age or deterioration of line. Landlord shall use reasonable efforts agrees, whenever possible, to extend to Tenant the benefit from of any enforceable manufacturers' warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendorsequipment. If any portion of Tenant refuses or neglects to make repairs and/or refuses to maintain the Premises premises or any system or equipment part thereof in the Premises which Tenant is obligated a manner reasonably satisfactory to repair cannot be fully repairedLandlord, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon giving Tenant reasonable written notice of his election to Tenantdo so, to undertake make such repairs or perform such maintenance on behalf of and for the responsibility account of the Tenant. In such event, such work shall be paid for preventive maintenance by Tenant promptly upon receipt of a xxxx therefor. Landlord shall not in any other system or component at Tenant’s expenseway be liable to tenant for failure to make repairs as herein specifically require 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 period of time following receipt of such notification. Tenant is to maintain the leased property in a clean and healthy condition and good and substantial repair, ordinary wear and tear excepted and shall be responsible for janitorial services and trash removal from all glass breakage in the Premises, at Tenant’s expensewindows or doors. Landlord to provide lawn and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesshrubbery maintenance.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout Lessee agrees to keep the Term premises in a clean and all renewals and extensions thereof, safe condition. City agrees to maintain in good order, condition order and repair and in a clean and safe condition any and all structures, facilities, improvements, and equipment at the Leased Premises, at Lessee’s including but not limited to heating without limitation all plumbing, HVAC, electrical, and air conditioning equipmentother utility systems, wallsat City’s sole cost and expense, floors during the entire Term. Lessee Except as expressly set forth in the first sentence of this Section 5.a, City shall perform any required maintenance except including without limitation on the foundation, structure, plumbing, electrical and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving roof which shall be the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion responsibility of the Premises City. Subject to the waiver of subrogation provisions of this Lease, the Lessee shall repair any area damaged by Lessee, Lessee’s agents, employees, invitees and visitors whether through active or any system passive negligence. Should Lessee fail, neglect or equipment in refuse to do so, the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord City shall have the right, upon notice to Tenantbut not the obligation, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair repairs for the Lessee’s account, and the Lessee agrees to promptly reimburse the City for the cost thereof (plus an additional twenty percent (20%) for overhead), provided, however, that the City shall first give Lessee ten (10) days' written notice of its intention to perform such maintenance. City shall not be obligated to make any repairs to or maintain any improvements on behalf the subject Leased Premises unless otherwise required by this Agreement. City reserves the right of Tenant; provided such entry is made in compliance with Applicable Lawsfor its employees and agents to inspect the Leased Premises as deemed necessary by City, including and the right (but not limited toobligation) to do any and all work of any nature necessary for preservation, maintenance and operation of the Marijuana codeLeased Premises. In such cases, Tenant City shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% provide reasonable prior notice of the exercise of such actual right except in case of an emergency, and shall take reasonable costs measures to avoid interference with Lessee’s business operations in doing so. Lessee shall be given reasonable notice when any such work may become necessary and will reasonably adjust operations to permit City to proceed expeditiously with such work. Subject to City’s maintenance and repair obligations as expressly set forth above, City shall not be liable to Lessee for injury or expensesdamage that may result from any defect in the construction or condition of the Leased Premises, nor for any damage that may result from interruption of Lessee’s use of the Leased Premises during any repairs by City. Lessee waives any right to repair the Leased Premises at the expense of City under any applicable law. Lessee shall remove all improvements installed by lessee upon termination of this lease without cost to the City, or said improvements will revert to the City, at the City’s option. Such option shall only be effective if provided by City in writing to Lessee. All improvements and alterations require prior written approval of the Airport Manager.

Appears in 1 contract

Samples: Non Aviation Hangar Lease Agreement

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout shall maintain the Term and all renewals and extensions thereof, maintain Premises in good order, and safe condition and repair Tenant shall be required to make all repairs, replacements and alterations to the non-structural portions of the Premises, including including, but not limited to, all lines, apparatus, and equipment relating to heating utilities from the point they serve the Premises exclusively, whether located inside or outside (including electricity, plumbing, sewerage, HVAC, water, and air conditioning equipmentgas), wallsstorefronts or entrances, interior and exterior doors, windows, ceilings, floors and ceilingsfloor coverings, window exteriorsplate glass, mechanical sprinklers, fixtures, equipment, Tenant’s personal property, signs, and electrical other systems and equipment exclusively serving the Premises, electric light fixtureswhether located inside or outside. Landlord shall not provide janitorial services to the Premises. Tenant shall be solely responsible, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, at Tenant’s signs sole cost and utility facilities expense, for performing all janitorial services and other cleaning of the Premises appropriate to maintain the Premises in a first-class manner consistent with the nature of the Project, in a manner and by contractors approved by Landlord (which approval shall not maintained be unreasonably withheld, delayed or conditioned). As provided in Section 11.1, Tenant shall enter into a service contract for the regular maintenance of the HVAC system serving the Premises, (at least quarterly), with service providers reasonably approved by Landlord. Landlord shall use reasonable efforts to extend to Tenant repair and maintain the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors structural and to extend to Tenant, as exterior portions and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion Common Area of the Building and the Project (including the Premises), including roofing and roof membrane, and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; all Building systems to the extent not exclusively serving the Premises or any including only Common Area electrical, sprinklers, fire life safety; Building system or equipment in underground utilities and drains, to the extent not maintained by public utility providers (and excluding systems exclusively servicing the Premises which are the responsibility of Tenant); provided, however, that if the need for such repairs arises out of an act or omission of Tenant is obligated to repair cannot be fully repairedor Tenant’s specific use of the Premises, in which case Tenant shall promptly replace make the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorrepairs, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so electsat Landlord’s option, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have make the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component repairs at Tenant’s expense. Tenant shall be responsible for janitorial services hereby waives and trash removal from the Premisesreleases its right to make repairs at Landlord’s expense under any Applicable Laws, at Tenant’s expenseor under any similar law, statute, or ordinance now or hereafter in effect. Landlord and Tenant intend thatreserves the right to perform any repairs, at all times during the Term, Tenant shall maintain replacements or maintenance on the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If if Tenant fails to maintain and repair the Premises as required by comply with its obligations under this Section, Landlord may, on 10 days’ prior written notice (except that no notice the cost of which shall be required in case paid by Tenant to Landlord within ten (10) days after written demand, plus a commercially reasonable administrative fee not to exceed five percent (5%) of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% cost of such actual and reasonable costs or expensesrepairs.

Appears in 1 contract

Samples: Lease (Design Therapeutics, Inc.)

Maintenance and Repairs. 7.1 Tenant Landlord shall, at its Landlord’s sole cost and expense, throughout keep and maintain in good order and repair, the Term exterior foundations, exterior walls (except interior spaces), exterior doors, downspouts, gutters, and the roof of the building of which the premises are a part, except Landlord shall not be responsible for any damage (as to all renewals items) caused by any negligent act or omission of Tenant or its employees, agents, guests, invitees, licensees or contractors. Landlord shall not be required to make any repairs to said items unless Tenant has notified Landlord in writing of the need for such repairs and extensions Landlord shall have had a reasonable period of time thereafter within which to commence and complete said repairs. Landlord agrees to use due diligence in the making of said repairs upon receipt of Tenant’s notice with regard thereof, maintain . Landlord shall also keep in good order, condition and repair repair, the Premisescommon hallways, including but not limited walkways, rest rooms and other public areas in and adjacent to heating the Smoke Tree Village Shopping Center. Except for the maintenance and air conditioning equipmentrepairs Landlord is specifically required to make pursuant to article 11 hereof, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s own expense, keep and maintain a preventive maintenance contract providing for in good repair the regular inspection (at least quarterly) exterior and maintenance interior of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorpremises including, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, windows, ceilings, floor covering, plumbing, electrical, and all other portions of the Marijuana codepremises. In such casesTenant shall also keep and maintain the premises in good and sanitary order and condition. Tenant hereby waives any rights for damages to its merchandise and other personal property that Tenant may have as a result of Landlord’s failure to make repairs. By entering into the premises, Tenant shall reimburse Landlord immediately upon demand for be deemed to have accepted said premises as being in good and sanitary order, condition and repair, and Tenant agrees on the last day of said term or sooner termination of this Lease, to surrender the premises, with appurtenances, in the same condition as when received, reasonable use and wear thereof excepted. Tenant hereby waives to the extent permitted by law, all costs incurred of the provisions of Section 1941 and 1942, et. seq., of the California Civil Code, and the provisions of any other law permitting repairs by a lessee at the expense of a lessor, and the provisions of any other law in performing such maintenance or repair plus an administration fee equal to 5% contravention of such actual and reasonable costs or expensesthe provisions of this article.

Appears in 1 contract

Samples: Lease (Canyon Bancorp)

Maintenance and Repairs. 7.1 Except for customary cleaning and trash removal provided by Landlord under Article 6, casualty damage to be repaired by Landlord under Article 11 and any other obligation of Landlord hereunder. Tenant shall, at its expense, throughout shall keep and maintain (or cause to be kept and maintained) the Term and all renewals and extensions thereof, maintain Premises in good orderand sanitary condition, condition working order and repair the Premisesrepair, in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including but not limited to heating the Rules (including any carpet and air conditioning equipmentother flooring material, paint and wall-coverings, doors, windows, ceilings, interior surfaces of walls, floors lighting, plumbing and ceilingsother fixtures, window exteriorsalterations, mechanical improvements, and electrical systems and equipment in or exclusively serving the PremisesPremises whether installed by Landlord or Tenant). In the event that any repairs, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors maintenance or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedreplacements are required, Tenant shall promptly replace notify Landlord and arrange for the samesame either: (i) through Landlord for such reasonable charges as Landlord may establish from time to time, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallpayable within fifteen (15) days after billing, or (ii) at Tenant’s expense's option, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, engaging such contractors or Tenant staff as Landlord shall first designate or approve in writing to perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so electswork, same may be billed directly all in a first class, workmanlike manner approved by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract in advance in writing and otherwise in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensecompliance with Article 9 respecting "Work". Tenant shall be responsible promptly notify Landlord concerning the necessity for janitorial services any repairs or other work hereunder and trash removal upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises caused, in whole or in part, as a result of moving any furniture, fixtures, or other property to or from the Premises, at Tenant’s expenseor otherwise by Tenant or its employees, agents, contractors, or visitors (subject to Article 10C). Except as provided in the preceding sentence, or for damage covered under Article 11, Landlord shall keep the roof, structure, Systems and Tenant intend thatEquipment, at all times during and common areas of the Term, Tenant shall maintain the Premises Property in good and sanitary condition, working order and condition and appearances reasonably commensurate with repair (the balance cost of the Property. All of Tenant’s obligations to maintain and repair which shall be accomplished at Tenant’s sole expense. If Tenant fails included in Expenses to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required extent permitted in case of emergencythe definition thereof in Article 30), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 1 contract

Samples: Office Lease (Red Hat Inc)

Maintenance and Repairs. 7.1 Tenant shallLandlord shall maintain the Building (excluding leasehold improvements) in a good and operable first class condition, and shall make such repairs and replacements as may be required to maintain the Building in such condition. This Section 6.04 shall not apply to damages resulting from an exercise of eminent domain (as to which Section 8 shall apply). Unless otherwise expressly stipulated herein, Landlord shall not be required to make any improvements to or repairs of any kind or character to the Leased Premises during the term of this Lease, except such repairs to Building standard improvements as are necessary for normal maintenance operations; provided, however, non-Building standard leasehold improvements will, at its Tenant's written request, be-maintained by Landlord at Tenant's expense, throughout at a cost or charge equal to the Term costs incurred in such maintenance plus as additional charge of fifteen percent (15%). Tenant's leasehold improvements for the purposes of this Section 6.04 shall be deemed to be Building standard and all renewals thereby not subject to additional cost for repairs associated with normal maintenance operations, provided that the cost to construct the Tenant's Initial Leasehold Improvements and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such itemsSubsequent Leasehold Improvements, if any, that have been shall not exceed the Improvement Allowance described in Exhibit "C" attached hereto. Notwithstanding any provisions of this Lease to the contrary, all repairs, alterations or additions to the base Building or its systems (as opposed to those involving only Tenant's leasehold improvements), and all repairs, alterations or additions to Tenant's non-Building standard leasehold improvements which affect the Building's structural components or major mechanical, electrical or plumbing systems, made by Landlord’s contractors or vendors for or on behalf of Tenant and to extend to any other tenants in the Building shall be made by Landlord or its contractor only, and, in the case of Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid for by Tenant and in an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee amount equal to 5% of such actual and reasonable Landlord's costs or expensesplus fifteen percent (15%).

Appears in 1 contract

Samples: Lease Agreement (Neon Systems Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal from the Premisessystems and equipment thereof, whether requiring structural or nonstructural repairs caused by, or resulting from, carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant or any subtenant, or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible. Any other repairs in or to the building or the facilities and systems thereof, for which Tenant is responsible, shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of the demised premises, on 10 days’ prior written notice and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (except that no notice to the extent such systems presently exist) serving the demised premises (without limitation, the term "structural" shall be required deemed to include the roof of the building). Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.

Appears in 1 contract

Samples: Office Lease (Standard Motor Products Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, agrees to maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless and perform minor repairs such as leaking faucets and changing of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseconditioner filters. Tenant shall be responsible for janitorial services failure to make such repairs and trash removal shall be liable for damage resulting from such failure. Landlord shall be responsible for major repairs. The rights and obligations of the Premisesparties hereto regarding these repairs are described herein: (a) Tenant shall notify Landlord promptly by telephone, in person or in writing upon discovery of any major item requiring repair, (b) Landlord shall be required to complete such repair or cause such repair to be completed within three (3) business days after receiving such notification thereof from Tenant unless such repair cannot be reasonably completed within such three (3) business day period for reasons beyond the control of Landlord, in which event such repair shall be completed as soon as practically possible, but in any event within seven (7) business days after such notification, and (c) Tenant shall pay the first $ 500.00 for the repair of any one item requiring repair, or shall be entitled (but not obligated) to effect any repair at Tenant’s expense's sole cost and expense in which case the Landlord must be notified and may require inspection of such repairs and copies of receipts for labor and/or materials for said repairs. (d) In the case of emergency repairs, Landlord and Tenant intend that, at all times during shall be obligated to complete or cause same to be completed within forty-eight (48) hours after notification of the Termneed for such repair by Tenant. In the event Landlord fails to complete any emergency repairs within said forty-eight (48) hours period for any reason whatsoever, Tenant shall be entitled to effect such repairs and Landlord shall pay all expenses (subject to limits described in subsection (iii) hereinabove) thereby incurred by Tenant upon written notification to Landlord by Tenant that such repairs have been effected and following inspection of such repairs by Landlord. (e) Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises caused by the negligence or misuse thereof by Tenant, or Tenant's guests and/or other occupants. At the Landlord's discretion, such repairs may be affected by Tenant at Tenant's sole cost and expense. (f) Any outstanding debt for such repairs may be deducted from the security deposit or charges to tenant. (g)Tenant shall maintain the Premises in good order yard by watering, weeding, mowing the grass and condition and appearances reasonably commensurate with trimming the balance of the Property. All of Tenant’s obligations shrubs so as to maintain a good appearance. Extermination services for all pests and repair insects as reasonably needed shall be accomplished at arranged and paid for by Tenant’s sole expense. If Both parties acknowledge that the rent would be higher if the foregoing responsibilities were allocated differently. This assumption of responsibility by Tenant fails to maintain is entered into knowingly, voluntarily, and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case for consideration and is an express waiver of emergency), enter the Premises and perform such maintenance any statutory or repair on behalf common law obligation of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana codeLandlord. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses12.

Appears in 1 contract

Samples: Commercial Lease Agreement

Maintenance and Repairs. 7.1 Except for customary cleaning and trash removal provided by Landlord under Article 6, casualty damage to be repaired by Landlord under Article 11 and any other obligations of Landlord hereunder, Tenant shall, at its expense, throughout shall keep and maintain (or cause to be kept and maintained) the Term and all renewals and extensions thereof, maintain Premises in good orderand sanitary condition, condition working order and repair the Premisesrepair, in compliance with all applicable Laws as described in Article 7, and as required under other provisions of this Lease, including but not limited to heating the Rules (including any carpet and air conditioning equipmentother flooring material, paint and wall-coverings, doors, windows, ceilings, interior surfaces of walls, floors lighting, plumbing and ceilingsother fixtures, window exteriorsalterations, mechanical improvements, and electrical systems and equipment in or exclusively serving the PremisesPremises whether installed by Landlord or Tenant). In the event that any repairs, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors maintenance or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedreplacements are required, Tenant shall promptly replace notify Landlord and arrange for the samesame either: (i) through Landlord for such reasonable charges as Landlord may establish from time to time, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallpayable within fifteen (15) days after billing, or (ii) at Tenant’s expense's option, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, engaging such contractors or Tenant staff as Landlord shall first designate or approve in writing to perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so electswork, same may be billed directly all in a first class, workmanlike manner approved by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract in advance in writing and otherwise in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensecompliance with Article 9 respecting "Work". Tenant shall be responsible promptly notify Landlord concerning the necessity for janitorial services any repairs or other work hereunder and trash removal upon completion thereof. Tenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Property outside the Premises caused, in whole or in part, as a result of moving any furniture, fixtures, or other property to or from the Premises, at Tenant’s expenseor otherwise by Tenant or its employees, agents, contractors, or visitors (subject to Article 10C). Except as provided in the preceding sentence, or for damage covered under Article 11, Landlord shall keep the roof, structure, Systems and Tenant intend thatEquipment, at all times during and common areas of the Term, Tenant shall maintain the Premises Property in good and sanitary condition, working order and condition and appearances reasonably commensurate with repair (the balance cost of the Property. All of Tenant’s obligations to maintain and repair which shall be accomplished at Tenant’s sole expense. If Tenant fails included in Expenses to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required extent permitted in case of emergencythe definition thereof in Article 30), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 1 contract

Samples: Office Lease (Opensite Technologies Inc)

Maintenance and Repairs. 7.1 Tenant Landlord shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain -keep in good order, condition order and repair the following: (a) the structural parts of each of the Building that comprise the Premises, including but not limited the foundation, subflooring, floor slab, exterior walls, structural walls, roof, and utilities outside the exterior of each Building and under the floors and floor slabs, together with all interior and/or glass damage due to heating any structural failure or defect, (b) the roof membrane, (c) all paved areas, including parking lot and walkways, and (d) landscaping. Tenant shall promptly notify Landlord in writing of any items which need maintenance or repair. Landlord shall be solely responsible for capital costs and maintenance and repair costs of the structural parts of the Building described in item (a) and for capital costs for the roof membrane. Maintenance and repair costs for items (b) through (d), including routine maintenance and repair costs and capital costs chargeable to Tenant shall be paid by Tenant to Landlord pursuant to the Rider attached hereto. Tenant shall maintain and repair all interior portions of the Demised Premises including all interior non-structural walls, ceilings, lighting, floor coverings, glass, heating, ventilating and air conditioning equipment, wallselevators, floors and ceilings, window exteriors, mechanical and interior electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, except when such damage results from any structural failure or defect. Tenant shall furnish its own cleaning services, trash removal and maintenance of the HVAC system and elevators. Upon notification by Tenant’s signs , Landlord shall promptly repair any damage to or defect in the Premises and utility facilities the Building; provided, however, that if such damage is occasioned by fault or neglect of the Tenant (except as provided in paragraph 16 hereof) and there shall not maintained by Landlordbe in effect at the time such damage occurred a policy or policies of insurance insuring Landlord against any loss resulting from such damage, then Tenant shall reimburse Landlord for the reasonable actual cost of repairs or if the proceeds of such insurance are insufficient to cover such cost, then Tenant shall reimburse Landlord the difference between such cost and the proceeds which Landlord received. Landlord shall use reasonable efforts to extend to Tenant ensure that, as of the benefit from warranties on such itemsCommencement Date, all existing building systems, if any, that have been made by Landlord’s contractors or vendors shall be in good working order. Tenant hereby waives all rights under and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion benefit of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedprovisions of Sections 1932 (1), Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) 1941 and maintenance 1942 of the heating California Civil Code and air conditioning system by a licensed and qualified heating and air conditioning contractorany similar or successor law, statute or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system ordinance now or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseshereafter enacted.

Appears in 1 contract

Samples: Sublease Agreement (Jazz Pharmaceuticals Inc)

Maintenance and Repairs. 7.1 (a) Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair and replace as necessary the Premises, including including, but not limited to heating to, the HVAC Systems, glass, windows and air conditioning equipmentLEGAL02/32900769v10 doors, all plumbing and sewage systems, fixtures, interior walls, floors and (including floor slab), dock areas, dock ramps, ceilings, window exteriorsstorefronts, mechanical plate glass, skylights, all electrical facilities and equipment (including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems and electrical systems motors), and all other appliances and equipment exclusively serving (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Premises, electric light fixturesexcept as to such maintenance, bulbs, tubes repair and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. replacement as is the obligation of Landlord shall use reasonable efforts pursuant to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalfSection 8(b). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during During the Term, Tenant shall maintain in full force and effect a service contract for the Premises in good order and condition and appearances maintenance of the HVAC Systems with an entity reasonably commensurate acceptable to Landlord; provided, however, that for new HVAC Systems, during the one year period following the Lease Commencement Date, such service contract shall be maintained with the balance contractor that installed the HVAC Systems and shall provide for at least two preventive maintenance service calls during such one year period. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expenseexisting service contract. If Tenant fails to maintain and repair the Premises as required by this Sectioncarry such service contract, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), have the option to enter the Premises into such service contract for and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant and Tenant shall reimburse Landlord immediately upon demand for Landlord, as Additional Rent, all of Landlord’s reasonable costs incurred in performing connection with such service contract, as well as Landlord’s actual costs of repair and maintenance or repair plus of the HVAC Systems together with an administration administrative fee payable to Landlord (or, at Landlord’s election, to a Landlord’s Affiliate designated by Landlord) equal to 5% of such actual the amount of the service contract and reasonable costs any associated repairs. Tenant's obligation shall exclude any maintenance, repair or expensesreplacement required because of the negligence or willful misconduct of Landlord or Landlord’s Affiliates, which shall be the responsibility of Landlord.

Appears in 1 contract

Samples: Industrial Lease (Orasure Technologies Inc)

Maintenance and Repairs. 7.1 Tenant shallLandlord will maintain all Common Areas and Systems serving the Common Areas, at its expensethe roof, throughout downspouts, gutters, foundation, and the Term exterior walls (and all renewals and extensions thereof, maintain any structural interior walls or other structural elements) of the Building in good orderrepair, condition reasonable wear and repair tear excepted. Tenant will repair, replace and pay for, any damage to the Premisesforegoing caused by the negligence or misconduct of Tenant or any Tenant Party, including but or caused by Xxxxxx’s default hereunder. The term “walls” as used herein will not limited to heating and air conditioning equipmentinclude windows, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casingsglass or plate glass, doors, floor coveringsspecial store fronts or office entries. Tenant will promptly give Landlord written notice of defect or need for repairs, dock doorsafter which Landlord will have reasonable opportunity to repair same or cure such defect. Landlord's liability with respect to any defects, levelersrepairs or maintenance for which Landlord is responsible under any of the provisions of this Lease will be limited to the cost of such repairs or maintenance or the curing of such defect. Tenant will at its own cost and expense maintain, plumbing system repair and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant replace the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion entirety of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required those for which Landlord is expressly responsible under the terms of this Lease) in case of emergencyas good condition as received (ordinary wear and tear excepted), enter the Premises promptly making all necessary repairs and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Lawsreplacements, including including, but not limited to, heating, ventilation, cooling, plumbing, telecommunications, electrical and any other systems (the Marijuana code“Systems”) within or serving the Premises, lighting fixtures, ballasts and bulbs, windows and window treatments, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, and floors and floor coverings within or serving the Premises unless any such damage is caused by parties other than Tenant or a Tenant Party. In Landlord shall insure that the Systems will be in good working order and condition upon the Commencement Date. Landlord shall assign to Tenant all warranties that are legally assignable, and if not assignable, shall cooperate with Tenant to enforce such caseswarranties. Xxxxxxxx agrees to assign, to the extent legally assignable, any and all manufacturers’ warranties for the Tenant Improvements, directly to the Tenant, which warranties shall include, but not be limited to, warranties for the Systems, which shall be the standard warranties available from the manufacturers. Additionally, Landlord acknowledges and agrees that any replacements made to any Systems, or any material components thereof (during the last 24 months of the then-existing Lease Term), shall be made by Landlord, and amortized over its useful life, and charged as a capital expense under the Operating Expense formula. Subject to compliance with any notice and right to cure provisions contained in this Lease, if Tenant shall fail to fulfill its obligations under this Section, the Landlord may enter upon the area of the Building or the Premises as required to perform the obligations of the Tenant, and will be entitled to reimbursement from the Tenant for its actual costs and expenses in conducting such obligations. The Tenant will reimburse the Landlord immediately for its actual costs and expense promptly upon demand for all costs incurred in performing such maintenance made by the Landlord. The provisions of this subparagraph will not be interpreted to obligate the Landlord to perform obligations of the Tenant. Tenant will not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and will, at its sole cost and expense, promptly repair plus an administration fee equal any damage or injury to 5% of such actual and reasonable costs any demising wall caused by Tenant or expensesany Tenant Party.

Appears in 1 contract

Samples: Lease Agreement (Precision Biosciences Inc)

Maintenance and Repairs. 7.1 Tenant shallExcept as otherwise provided herein, Landlord at its own cost and expense shall maintain and keep in good repair all portions of the Warehouse Premises (specifically excluding the Demised Premises) and the grounds, including, without limitation, the roof and the exterior walls of the building, roadways, railways and sidewalks surrounding such building, and including all mechanical equipment and fixtures such as sprinkler systems, windows, doors, floors, heating, plumbing, air-conditioning equipment, refrigeration equipment (including such equipment within the Demised Premises), sewer system and electrical wiring. Landlord shall provide reasonable services for snow removal from Tenant's access road and parking area. Tenant, at its own cost and expense, throughout shall maintain and keep in good repair all portions of the Term Demised Premises and shall preserve same free from obnoxious odors, vermin, rubbish, debris or any other foreign matter, keep it in a clean and sanitary manner, and shall make all repairs to the Demised Premises necessary to maintain the Demised Premises in its condition at the Commencement Date, reasonable wear and tear excepted. Tenant shall also at its own cost and expense maintain and keep in good repair any and all renewals mechanical equipment and extensions thereof, maintain in good order, condition fixtures furnished or installed by it for the Demised Premises and shall be responsible for the maintenance and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical of all electrical wiring and electrical systems equipment for all of Tenant's equipment installed by Tenant in the Demised Premises. Tenant agrees to keep faucets closed so as to prevent waste of water and equipment exclusively serving flooding of premises and to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent freezing of pipes. Tenant shall provide snow removal from sidewalks and pedestrian entrances. In addition to all other amounts paid by Tenant to Landlord hereunder, Tenant shall pay in advance to Landlord the total of $[...***...] which amount shall serve as a maintenance reserve for the Demised Premises for Tenant's maintenance expense incurred in maintaining the Demised Premises. During the term of this Sub-Lease, electric light fixturessaid maintenance reserve may be used by Landlord for repair and maintenance expenses incurred in repairing and maintaining the existing Demised Premises excluding the payment for tenant improvements or additions and alterations of the Demised Premises. From time to time, bulbsTenant may submit requests to Landlord to pay for said reasonable repairs and maintenance from said maintenance reserve. Said request shall be approved by Landlord within 15 days of said request unless said expenditure is not for the repair and maintenance of the existing Demised Premises. Upon approval of said request, tubes and tube casingsTenant shall contract to make said repairs only with contractors approved by Landlord or Tenant's employees, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained if approved by Landlord. Landlord may from time to time require Tenant to make all repairs necessary to maintain the Demised Premises in its condition on the Commencement Date, reasonable wear and tear excepted. In the event Tenant does not commence said repairs within 30 days from Landlord's request, then Landlord shall use reasonable efforts have the unconditional right to extend to make said repairs and deduct the total cost of the same from said maintenance reserve and xxxx Tenant for the benefit cost of said repairs in excess of said maintenance reserve. Any bills submitted by Landlord and not paid within 15 days from warranties on such itemsthe date of invoice shall bear interest at [...***...]% per annum. Tenant shall be liable for the payment of all said repair and maintenance expense for the Demised Premises in excess of the maintenance reserve, if anyhowever, that at the end of this Sub-Lease term, any remaining balance in the maintenance reserve after the Demised Premises have been made by Landlord’s contractors or vendors and returned to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of in its condition on the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract Commencement Date shall be paid by Tenant and an expense solely chargeable Landlord to Tenant; but if . Tenant shall surrender the Demised Premises in as good condition as same were at the Commencement Date, reasonable wear and tear only excepted. If such maintenance reserve shall for any reason or at any time fall below or be less than $[...***...], then Tenant shall have 30 days after Landlord so elects, same may be billed directly by invoices Tenant for such deficiency in which to pay Landlord to Tenant where Landlord on Tenant’s behalf enters for deposit into such preventive maintenance contract and in reserve an amount so as to keep the maintenance reserve at $[...***...] at all times. If Tenant does not pay such case shall be deemed Additional Rent (amounts to Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). for deposit within the 30 days as aforementioned, Landlord shall have the right, option to terminate this Sub-Lease upon 30 days written notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

Appears in 1 contract

Samples: Sub Lease Agreement (Surebeam Corp)

Maintenance and Repairs. 7.1 (a) Landlord shall have no obligation to maintain any portion of the Demised Premises, it being the intention of the parties that this be an absolute net lease. Tenant shall, at its sole cost and expense, throughout maintain the Term and all renewals and extensions thereof, maintain Demised Premises in good order, condition and repair during the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion term of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensethis Lease. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at obligated to maintain all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All interior and exterior of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter improvements comprising the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable LawsDemised Premises, including but not limited to, the Marijuana codeplumbing, heating, electrical wiring, well pump, air conditioning and other mechanical systems in such improvements, all interior and exterior painting and decorating, the roof and all other structural components of such improvements. In Tenant shall also perform all maintenance of the grounds comprising the Demised Premises, including but not limited to, trimming the shrubs, mowing the grass and cleaning and repairing all parking lots and driveways located on the Demised Premises. All such casesrepairs, restorations, and replacements will be in quality and class equal to the original work or installations and the Demised Premises shall be kept in a neat and orderly manner. Tenant shall deliver the Demised Premises to Landlord at the expiration or earlier termination of this Lease in as good condition as of the effective date of this Lease, normal wear and tear and damage by casualty excepted. During the Term, Tenant shall reimburse maintain in full force and effect a service contract for the maintenance of the heating, ventilation and air conditioning systems with an entity reasonably acceptable to Landlord. Tenant shall deliver to Landlord immediately upon demand for all costs incurred (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. In the event Landlord, its employees, contractors or agents causes any damage to the Demised Premises, Landlord shall promptly repair such damage in performing such maintenance or repair plus an administration fee equal to 5% of such actual a good and reasonable costs or expensesworkmanlike manner at Landlord's sole cost and expense.

Appears in 1 contract

Samples: Industrial Lease Agreement (Delta Apparel Inc)

Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shallagrees that the Premises are then in a good and tenantable condition. Notwithstanding the foregoing, prior to the Commencement Date Landlord shall cause the following systems (the “MEP Systems”) to be inspected and placed in good working order and repair: (i) electrical, (ii) plumbing, and (iii) heating, ventilating and air-conditioning. If, during the first sixty (60) days of the Term, any MEP System is not in the condition required by the foregoing sentence, Tenant shall notify Landlord, of the need for repair within sixty (60) days following the Commencement Date, and the repair shall be promptly be completed by Landlord at its expense, throughout no cost to Tenant. Landlord hereby assigns to Tenant all warranties with respect to the Term Premises which would reduce Tenant’s maintenance obligations hereunder and shall cooperate with Tenant to enforce all renewals and extensions thereofsuch warranties. Tenant shall be responsible to clean, maintain in good order, condition and repair the Premises, including providing janitorial services and disposal of trash; and to that end, during the Term, Tenant, at Tenant’s expense but not limited to heating under the direction of Landlord, shall repair and maintain the Premises, including, without limitation, any elevator, the heating, ventilating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical system or systems and equipment exclusively serving the Premises, electric light the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, bulbsthe restrooms serving the Premises, tubes interior stairways in the Premises, the interior and tube casingsexterior glass, doorsplate glass skylights, interior walls, floor coverings, dock doorsceiling, levelers(ceiling tiles and grid). Tenant Improvements, plumbing system Alterations, fire extinguishers, outlets and fixtures, and any appliances (including dish washers, hot water heaters and garbage disposers) in the Premises, in a first class condition, and keep the Premises in a clean, safe and orderly condition. With respect to the electrical and plumbing fixturessystems serving the Premises, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the maintenance and trash removal repair of any such systems only to the point where such systems join a main or other junction (e.g., sewer main or electrical transformer) serving more than one user. On or before the Commencement Date Tenant shall provide Landlord with a copy of a service contract with a licensed commercial Heating, Ventilating and Air-conditioning maintenance company (which contract and company shall be subject to Landlord’s prior reasonable approval), to maintain, on an ongoing basis (at least quarterly), the heating, ventilating and air-conditioning system serving the Premises. In addition to the foregoing, Tenant acknowledges that the sewer piping at the Development is made of ABS plastic. Accordingly, without Landlord’s prior written consent, which consent may be granted or withheld in Landlord’s sole discretion, Tenant shall allow only ordinary domestic sewage to be placed in the sewer system from the Premises. UNDER NO CIRCUMSTANCES SHALL TENANT EVER PLACE, at Tenant’s expense. Landlord and Tenant intend thatOR ALLOW TO BE PLACED, at all times during the TermANY ESTERS OR KETONES (USUALLY FOUND IN SOLVENTS TO CLEAN UP PETROLEUM PRODUCTS) IN THE DRAINS OR SEWER SYSTEM, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesFROM THE PREMISES.

Appears in 1 contract

Samples: Lease Agreement (Fox Hollow Technologies Inc)

Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout Lessor shall maintain the Term and all renewals and extensions thereof, maintain structural elements of the property in good order, condition and repair during the Premisesterm. The term "structural elements" shall mean the exterior building roof, including but not limited to heating and air conditioning equipment, exterior building walls, floors structural supports, foundation, plumbing, and ceilingsexisting utility access lines to the property. Lessor shall replace or repair all defective fixtures which would impede or otherwise impair the normal operation of the heating, window exteriorscooling and ventilation systems, mechanical and electrical systems and equipment exclusively serving interior lighting systems for the Premisesproperty. Lessor shall not be liable for any damages to Lessee or the property of Lessee resulting for Lessors failure to make any repairs required by this section unless written notice of the need for such repairs has been given to Lessor by Lessee and Lessor has failed for a period of forty-five day after receipt of the notice to make the needed repairs, electric light fixturesunless Lessor is prevented from making such repairs by causes not the fault of the Lessor. Notwithstanding anything to the contrary in this section, bulbsLessee shall promptly reimburse Lessor for the full cost of any repairs made pursuant to the section required because of the negligence or other fault, tubes other than normal and tube casingsproper use of the leased premises. Lessee shall maintain and repair any improvements, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs fixtures and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties installations on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether for the benefit of such replacement extends beyond the Termleased premises in good condition and repair during the term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant Lessee shall perform the required maintenance and repair in. a prompt manner and Lessee shall not have the right to perform repairs or maintain the leased premises for or on behalf of Lessor, and for such HVAC inspection and purposes Lessee expressly waives all right to make repairs or perform maintenance with duly licensed and qualified employeeon or about the leased premises at Lessors expense. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether Lessor reserves the right to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice leased premises at reasonable times to Tenant, inspect them or to undertake the responsibility for preventive maintenance of perform any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf Lessor deems necessary, or to make additions or alterations to any part of Tenant; provided such entry is made in compliance with Applicable Lawsthe leased premises, including but not limited to, the Marijuana codeand Lessee shall permit Lessor to do so. In connection with such casesalterations, Tenant shall reimburse Landlord immediately upon demand additions or repairs, Lessor may erect scaffolding and similar structures, post relevant notices and place moveable equipment without any obligation to reduce Lessee's rent during such period and without incurring any liability to Lessee for all costs incurred disturbance of quiet enjoyment of the premises or loss of occupation thereof, provided however that Lessors endeavor to conduct such activities in performing such maintenance or repair plus an administration fee equal manner to 5% avoid unreasonable interference with Lessee's use and occupancy of such actual and reasonable costs or expensesthe leased premises.

Appears in 1 contract

Samples: Lease Agreement (Nevada Geothermal Power Inc)

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