Common use of Repairs and Alterations Clause in Contracts

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with section X.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to make any necessary repairs to the Premises within ten (10) days after notice from Landlord (provided that no prior notice shall be required in the event of an emergency), Landlord may, at its option, make such repairs, and Tenant shall pay the cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within ten (10) days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas.

Appears in 2 contracts

Samples: Office Lease Agreement (Viewlocity Inc), Office Lease Agreement (Viewlocity Inc)

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Repairs and Alterations. A. Except to 9.01. Tenant shall promptly provide Landlord with notice of any conditions in the extent such obligations Premises that are imposed upon Landlord hereunder, dangerous or in need of maintenance or repair. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as that are necessary to not Landlord’s express responsibility under this Lease, and keep the same Premises in good condition and repair throughout the entire Lease Termrepair, reasonable wear and tear excepted. Tenant's ’s repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1a) any carpet or other floor covering, ; (2b) any interior partitions, ; (3c) any doors, ; (4d) the interior side of any demising walls, ; (5e) any telephone and computer cabling that serves Tenant's equipment exclusively, Alterations (6described in Section 9.03); (f) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewithhot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant exclusively, or are currently existing in the Premises; and (7g) any alterationselectronic, additions fiber, phone and data cabling and related equipment that is installed by or improvements for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by contractors retained by Tenant. All such work Tenant or its contractors, including that involving Cable, shall be performed in accordance with section X.B. below and subject to the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance terms of work in the BuildingSection 9.03 below. If Tenant fails to make any necessary repairs to the Premises within ten (10) for more than 15 days after written notice from Landlord (provided that no prior although notice shall not be required in the event of an emergency), Landlord may, at its option, may make such the repairs, and and, within 30 days after demand, Tenant shall pay the reasonable cost thereof to of the Landlord on demand as Additional Base Rentalrepairs, together with an administrative charge in an amount equal to ten percent (10%) % of the cost of such the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) 15 days by Tenant or after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant's ’s behalf so long as Tenant commences such repair within ten (10) 5 days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas.

Appears in 2 contracts

Samples: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant(a) Tenant shall, at its sole cost and expense, shall promptly perform all maintenance and repairs to the Premises as that are necessary to not Landlord's express responsibility under this Lease, and shall keep the same Premises in good condition and repair throughout the entire Lease Termrepair, reasonable wear and tear excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1i) any carpet or other floor covering, coverings; (2ii) any interior partitions, ; (3iii) any doors, interior doors (4including door(s) from Common Areas into the Premises); (iv) the interior side of any demising walls; (v) electronic, phone and data cabling and related equipment (collectively, "Cable") that is installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; (vi) any Auxiliary Generator and Fuel Supply (defined below) that is installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building, (5vii) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewithhot water heaters, plumbing, and similar facilities serving Tenant exclusively; (viii) Tenant's personal property and effects, including without limitation, laboratory benches and trade equipment; (7ix) any alterations, additions or improvements Alterations performed by contractors retained by Tenant, including related HVAC balancing; (x) Tenant duct work or conduits located in chaseways and/or exhaust equipment and systems located within or exclusively serving the Premises; and (xi) all other repairs within the Premises, including, without limitation, those required to plumbing, mechanical, electrical and HVAC systems located within or exclusively serving the Premises up to and including the tie-in or point of connection to the base Building systems. All such work shall be performed in accordance with section X.B. below and the rules, policies rules and procedures reasonably enacted by Landlord from time described in Section 10(c) below. Tenant shall provide customary cleaning and rubbish removal service to time for the performance of work in the BuildingPremises on each business day as required. If Tenant fails to make any necessary repairs to the Premises for which Tenant is responsible hereunder for more than 15 days (or if the repair is of a nature that it can not reasonably be completed within ten (1015 days, fails to exercise efforts to commence the repair within 15 days) days after written notice from Landlord (provided that no prior although notice shall not be required in the event of if there is an emergency), Landlord may, at its option, may make such the repairs, and Tenant shall pay the reasonable cost thereof of the repairs to the Landlord on demand as Additional Base Rentalwithin 30 days after receipt of an invoice, together with an administrative charge in an amount equal to ten percent (10%) 5% of the cost of such the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10b) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within ten (10) days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (ai) the roof, gutters, downspouts, if any, and all other structural elements of the Building; (ii) the base Building Systems including the mechanical (including HVAC), electrical, plumbing and (b) all mechanical, electrical and plumbing fire/life safety systems that serve serving the Building in generalgeneral but excluding those for which Tenant is responsible, such as the tie-ins or point of connection with those systems which are located within or exclusively serving the Premises; (iii) Common Areas; (iv) the roof of the Building, including the roof membrane; (v) exterior windows of the Building and common area doors; and (cvi) elevators serving the Building facilities common Building. Landlord shall promptly make repairs (considering the nature and urgency of the repair) for which Landlord is responsible. If Landlord fails to all tenants includingmake any repairs to the Premises for which Landlord is responsible hereunder for more than 15 days (or if the repair is of a nature that it can not reasonably be completed within 15 days, but fails to exercise efforts to commence the repair within 15 days) after written notice from Tenant (although notice shall not limited tobe required if there is an emergency), Tenant may make the ceilingsrepairs, walls and floors in Landlord shall pay the Common Areasreasonable cost of the repairs to Tenant within 30 days after receipt of an invoice therefor.

Appears in 2 contracts

Samples: Lease (Kolltan Pharmaceuticals Inc), Lease (Kolltan Pharmaceuticals Inc)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, 9.01 Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as that are necessary to not Landlord’s express responsibility under this Lease, and keep the same Premises in good condition and repair throughout the entire Lease Termrepair, reasonable wear and tear excepted. Tenant's ’s repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1a) any carpet or other floor covering, ; (2b) any interior partitions, ; (3c) any doors, ; (4d) the interior side of any demising walls, ; (5e) any telephone and computer cabling that serves Tenant's equipment exclusively, Alterations (6described in Section 9.03); (f) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewithhot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant exclusively, or are currently existing in the Premises; and (7g) any alterationselectronic, additions fiber, phone and data cabling and related equipment that is installed by or improvements for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by contractors retained by Tenant. All such work Tenant or its contractors, including that involving Cable, shall be performed in accordance with section X.B. below and subject to the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance terms of work in the BuildingSection 9.03 below. If Tenant fails to make any necessary repairs to the Premises within ten for more than fifteen (1015) days after notice from Landlord (provided that no prior although notice shall not be required in the event of an emergency), Landlord may, at its option, may make such the repairs, and and, within thirty (30) days after Landlord’s demand, Tenant shall pay the reasonable cost thereof to of the Landlord on demand as Additional Base Rentalrepairs, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within ten (10) days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas.

Appears in 1 contract

Samples: Office Lease Agreement (Jaguar Animal Health, Inc.)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with section X.B. Section 13(B) below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to make any necessary repairs to the Premises within ten (10) days a reasonable time after written notice from Landlord (provided that no prior notice shall be required except in the event case of an emergency), Landlord may, at its option, make such repairs, and Tenant shall pay the cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within ten (10) days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas.maintenance

Appears in 1 contract

Samples: Office Lease Agreement (Onyx Software Corp/Wa)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear and casualty damage not required to be repaired by Tenant hereunder excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, and (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with section X.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the BuildingSection 10.C below. If Tenant fails to make any necessary repairs to the Premises within ten (10) days after notice from Landlord (provided that no prior notice shall be required in the event of an emergency)Premises, Landlord may, at its option, after fifteen (15) days written notice to Tenant (or such longer period as may be reasonably required to complete such repairs, provided that Tenant commences the same promptly after receipt of Landlord's notice and thereafter diligently proceeds with the same), make such repairs, and in such event Tenant shall pay the cost thereof to the Landlord together with an administrative charge thereon of five percent (5%) of such costs, on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within ten (10) days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except option, may at any time or from time to time, by written notice to Landlord, elect to have Landlord assume responsibility for the performance of any or all of Tenant's maintenance and repair obligations under this Section 10.A. In such event, Tenant shall pay to Landlord the costs incurred by Landlord to perform such maintenance and repairs, as included in Basic Costs)Additional Base Rent. Any such repair or maintenance costs shall be paid on a monthly or other periodic basis, keep as mutually agreed upon by Landlord and maintain in good repair and working order and make all repairs Tenant at the time of Tenant's request to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements Landlord for performance by Landlord of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areassuch services.

Appears in 1 contract

Samples: Office Lease Agreement (Informax Inc)

Repairs and Alterations. A. Except 9.01. Tenant shall periodically inspect the Premises to the extent identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such obligations are imposed upon Landlord hereunder, conditions. Tenant, at its sole cost and expense, shall promptly perform all maintenance and repairs to the Premises as that are necessary to not Landlord’s express responsibility under this Lease, and keep the same Premises in good condition and repair throughout the entire Lease Termrepair, reasonable wear and tear and damage by casualty (subject to Article 16 below) excepted. Tenant's ’s repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1a) any carpet or other floor covering, ; (2b) any interior partitions, ; (3c) any doors, ; (4d) the interior side of any demising walls, ; (5e) any telephone and computer cabling that serves Tenant's equipment exclusively, Alterations (6described in Section 9.03); (f) any supplemental air conditioning units, private showers and restrooms, kitchens, including any plumbing in connection therewithhot water heaters, plumbing, and similar facilities and other mechanical (including HVAC), electrical, plumbing and fire/life safety systems and equipment exclusively serving Tenant, whether such items are installed by Tenant, or by Landlord for the benefit of Tenant, or are currently existing in the Premises; (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant exclusively(collectively, “Cable”) and (7h) any alterations, additions or improvements window blinds. All repairs and other work performed by contractors retained by Tenant. All such work Tenant or its contractors, including that involving Cable, shall be performed in accordance with section X.B. below and subject to the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance terms of work in the BuildingSection 9.03 below. If Tenant fails to make any necessary repairs to the Premises within ten (10) for more than 30 days after written notice from Landlord (provided that no prior although notice shall not be required in the event of an emergency), Landlord may, at its option, may make such the repairs, and and, within 30 days after demand, Tenant shall pay the reasonable, out-of-pocket cost thereof to of the Landlord on demand as Additional Base Rentalrepairs, together with an administrative charge in an amount equal to ten percent (10%) % of such cost of the cost of such repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within ten (10) days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas.

Appears in 1 contract

Samples: Office Lease Agreement (Baxalta Inc)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs (except to the extent such repairs are necessitated by Landlord's or Landlord's agents negligent acts) with respect to: (1) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with section X.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to make any necessary repairs to the Premises within ten (10) days after notice from Landlord (provided that no prior notice shall be required in the event of an emergency)Premises, Landlord may, at its optionoption and with twenty (20) days prior notice to Tenant, make such repairs, and Tenant shall pay the cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within ten (10) days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas.

Appears in 1 contract

Samples: Office Lease Agreement (First Capital Insured Real Estate Limited Partnership)

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Repairs and Alterations. A. (a) Landlord shall maintain and keep in a good condition and repair, as part of Operating Costs: (i) the structural portions of the Project including the foundation, floor/ceiling slabs, roof and curtain wall; (ii) the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning (“HVAC”) systems necessary for the operation of the Project and the provision of services and utilities as required herein (collectively, the “Project Systems”); and (iii) exterior glass, beams, shafts and columns, and the Common Areas, including stairs, stairwells and elevator cabs. Except as expressly provided as Landlord’s obligation in this Article 9, and subject to reasonable wear and tear, Tenant shall keep the non-structural elements of the Premises in good condition and repair (other than Project Systems and equipment and structural parts of the Premises), except to the extent the necessity for any such obligations are imposed upon Landlord hereunderrepairs or replacements results from the negligence or willful misconduct of Landlord, its employees, agents, representatives or contractors. Notwithstanding the foregoing, but subject to the terms of Article 14(d) below, all damage or injury to the Premises or the Project to the extent resulting from the negligence or willful misconduct of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be promptly repaired by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord; provided, however, that for any repairs that may impact the structure or mechanical, electrical, plumbing, heating, ventilation or air conditioning systems of the Project, Landlord shall perform have the right (but not the obligation) to select the contractor (if competitively priced) and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within fifteen (15) business days from receipt of said written notice, and charge Tenant for the reasonable cost thereof, which cost shall be paid by Tenant within thirty (30) business days from invoice from Landlord. Notwithstanding the foregoing, Landlord may make any repairs pursuant to the preceding sentence prior to said 15th business day in the event the condition which necessitates such repair work constitutes a safety or health hazard to occupants of the Project or otherwise constitutes a dangerous condition (in which event Landlord may make said repairs as soon as reasonably necessary given the particular circumstances). Except in the case of emergency, Landlord shall provide Tenant with forty-eight (48) hours prior written notice (unless such entry is approved by the on-site manager for a lesser time period or with respect to janitorial or normal periodic minor maintenance and upkeep) of Landlord’s intent to enter the Premises, shall use reasonable efforts to minimize any interference to Tenant, shall reasonably schedule such entries with Tenant and shall attempt to make all such entries during normal business hours. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise set forth in Section 9(b) below, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, “Alterations”), (except in cases of emergency where Tenant’s conduct of the Permitted Use hereunder is adversely and materially affected, in which case Tenant will notify Landlord in writing at least two (2) business days prior to the commencement of any Alterations), without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed (and shall be granted or denied within fifteen (15) business days after Tenant’s request therefor is received by Landlord and Landlord has received all information reasonably requested by Landlord in connection with reviewing said request), and then only by contractors or mechanics reasonably approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question (if required), to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall construct such alterations in a good and workmanlike manner, in conformance with all applicable, federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord’s reasonable, nondiscriminatory construction rules and regulations. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. Prior to the commencement of any alterations, Tenant shall provide Landlord with evidence that Tenant carries “Builder’s All Risk” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may reasonably require, it being understood that all such Alterations shall be insured by Tenant pursuant to Article 14 of this Lease immediately upon completion thereof. If permitted Alterations are necessary made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to keep the same in good condition and repair throughout the entire Lease TermTenant given concurrently with Landlord’s consent to said Alterations, reasonable wear and tear excepted. Tenant's repair and maintenance obligations or with respect to the Premises shall includeCosmetic Alterations, without limitation, any necessary repairs with respect to: (1) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with section X.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to make any necessary repairs to the Premises within ten (10) business days after notice from Tenant notifies Landlord (provided that no prior notice of the same, require Tenant at Tenant’s expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the Premises caused by such removal. Landlord shall be required to give notice along with Landlord’s consent if Landlord is electing to consider such Alteration the property of Landlord or whether the same must be removed upon the expiration or earlier termination of this Lease. Any and all costs attributable to or related to the applicable building codes of the city in which the event Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. Notwithstanding the above, Tenant shall have the right, without Landlord’s consent but upon ten (10) business days prior written notice to Landlord, to make non-structural additions and alterations (“Cosmetic Alterations”) to the Premises that do not (i) affect the exterior appearance of an emergency)the Project, or (ii) affect the Project’s systems or the Project’s structure. With regard to repairs, Alterations or any other work arising from or related to this Article 9 which Landlord performs on Tenant’s behalf, Landlord may, at its option, make such repairs, and Tenant shall pay be entitled to receive an administrative/supervision fee (the cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten “Alteration Supervisory Fee”) of four percent (104%) of the total cost of such repairsall work performed (exclusive of any architectural, design, construction consultant or engineering fees, permitting costs and any other soft costs). Notwithstanding anything to the foregoingcontrary set forth in this Lease, if the repair to Tenant shall be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within ten (10) days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make responsible for removing all repairs to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors cabling in the Common AreasPremises installed by or on behalf of Tenant upon the expiration or earlier termination of this Lease unless Landlord notifies Tenant of its election to retain same.

Appears in 1 contract

Samples: Standard Office Lease (Capitalsource Inc)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with section X.B. below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to make any necessary repairs to the Premises within ten (10) days after notice from Landlord (provided that no prior notice shall be required in the event of an emergency)Premises, Landlord may, at its option, make such repairs, and Tenant shall pay the cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within ten (10) days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas. In addition, Landlord may elect, at the expense of Tenant, to repair any damage or injury to the Building caused by moving property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or any Tenant Related Parties (hereinafter defined).

Appears in 1 contract

Samples: Office Lease Agreement (Merrill Corp)

Repairs and Alterations. A. Except 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall provide Landlord with notice in a timely manner of any conditions with respect to the extent Premises that are dangerous or which (a) are in need of repair or maintenance by Landlord (and Landlord is obligated to perform such obligations repair pursuant to the terms of this Lease), or (b) are imposed upon Landlord hereunder, Tenantin need of repair and maintenance of a material nature. Tenant shall, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as that are necessary to not Landlord’s express responsibility under this Lease, and keep the same Premises in good condition and repair throughout the entire Lease Termrepair, reasonable wear and tear excepted. Tenant's ’s repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1a) any carpet or other floor covering, ; (2b) any interior partitions, ; (3c) any doors, ; (4d) the interior side of any demising walls; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (5collectively, “Cable”); (f) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewithhot water heaters, plumbing, and similar facilities exclusively serving Tenant exclusively, Tenant; and (7g) Alterations. In addition and notwithstanding anything to the contrary contain in Section 9.02 below, if Tenant is the Sole Tenant of the Building, Tenant’s repair obligations shall also include, without limitation, the following: (1) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general (including any alterations, additions or improvements performed by contractors retained by Tenant. All such work equipment related thereto and located upon the roof of the Building); and (2) the interior Common Areas of the Building (Landlord shall be performed maintain the exterior Common Areas of the Building in accordance with section X.B. below and its obligations as provided in Section 9.02 below). To the rulesextent Landlord is not reimbursed by insurance proceeds, policies and procedures reasonably enacted by Tenant shall reimburse Landlord from time to time for the performance cost of work in repairing damage to the BuildingBuilding caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (other than reasonable wear and tear). If Tenant fails to make commence any necessary repairs to the Premises within ten (10) for more than 15 days after notice from Landlord (provided that no prior although notice shall not be required in the event of an emergency)) and diligently prosecute the same to completion, Landlord may, at its option, may make such the repairs, and Tenant shall pay the reasonable cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Notwithstanding Tenant shall have no obligation to maintain the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within ten (10) days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements of the Building; . Notwithstanding anything to the contrary set forth herein, and except to the extent caused by Tenant or any of the Tenant Related Parties’ acts and/or omissions, including any Alterations performed by or on behalf of Tenant, or as a result of a Casualty (in which case Section 16 shall control), so long as Tenant is the Sole Tenant of the Building, to the extent Landlord is made aware and Landlord determines in its sole discretion that any capital improvement (as distinguished from replacement parts or components installed in the ordinary course of business) must be made to properly repair, maintain, or replace any portion of the Premises for which Tenant is responsible, Landlord shall cause such work to be completed and Tenant shall pay the amortized portion of such expenditure in the manner described for capital expenses as set forth in Exhibit B to this Lease. Tenant shall be responsible for paying amortized amounts due during the Term and any extension thereof. If Tenant is the Sole Tenant of the Building Tenant, at Tenant’s own expense, shall procure and maintain in full force and effect, a maintenance/service contract(s) (the “Service Contract”), in a form and with a maintenance contractor approved by Landlord, providing for the service, maintenance and repair of all (i) heating, ventilating and air conditioning systems and equipment, (ii) fire/life safety systems and equipment, and (biii) all mechanicalif reasonably required by Landlord, any other plumbing, electrical or mechanical systems and plumbing equipment serving the Building. The service contract(s) must include all services suggested by the equipment manufacturer within the operation/maintenance manual relating to such equipment and systems that serve and must become effective and a copy thereof delivered to Landlord within 45 days after the Building in general; Commencement Date with respect to items (i) and (cii) above, or within 30 days after requested by Landlord with respect to item (iii) above. Tenant shall follow all reasonable recommendations of said contractor for the Building facilities common maintenance and repair of the equipment and systems covered by the Service Contract. The Service Contract shall provide that the contractor shall perform regularly scheduled inspections, preventative maintenance and service on the covered equipment and systems, and that having made such inspections, said contractor shall furnish a complete report of any defective conditions found to all tenants includingbe existing with respect to such equipment, but not limited totogether with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. Landlord may, upon notice to Tenant, enter into such a service contract on behalf of Tenant or perform the ceilings, walls work and floors in either case charge Tenant the Common Areascost thereof along with a reasonable amount for Landlord’s overhead.

Appears in 1 contract

Samples: Office Lease Agreement (Informatica Corp)

Repairs and Alterations. A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear and damage by fire or casualty excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in accordance with section X.B. Section 13(B) below and the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of work in the Building. If Tenant fails to make any necessary repairs to the Premises which are required to be made by Tenant within ten (10) days a reasonable time after written notice from Landlord (provided that no prior notice shall be required except in the event case of an emergency), Landlord may, at its option, make such repairs, and Tenant shall pay the cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or Landlord, Landlord shall not exercise its right to make such repair on Tenant's behalf so long as Tenant commences such repair within ten (10) days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order order, in accordance with the standards of a first-class office building in the area, and make all repairs to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements of the BuildingBuilding (including the roof and roof membrane, and foundations); and (b) all elevator, mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Common Areas, Property and Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas.

Appears in 1 contract

Samples: Office Lease Agreement (Bsquare Corp /Wa)

Repairs and Alterations. A. Except 9.01 Tenant shall periodically inspect the Premises to the extent identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such obligations are imposed upon Landlord hereunder, conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as that are necessary to not Landlord’s express responsibility under this Lease, and keep the same Premises in good condition and repair throughout the entire Lease Termrepair, reasonable wear and tear and damage by Casualty (defined in Section 16) and Taking (defined in Section 17) excepted. Tenant's ’s repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1a) any carpet or other floor covering, ; (2b) any interior partitions, ; (3c) any doors, ; (4d) the interior side of any demising walls, ; (5e) any telephone and computer cabling that serves Tenant's equipment exclusively, Alterations (6described in Section 9.03); (f) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewithhot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant exclusively, or are currently existing in the Premises; and (7g) any alterationselectronic, additions fiber, phone and data cabling and related equipment that is installed by or improvements for the exclusive benefit of Tenant (collectively, “Cable”). All repairs and other work performed by contractors retained by Tenant. All such work Tenant or its contractors, including that involving Cable, shall be performed in accordance with section X.B. below and subject to the rules, policies and procedures reasonably enacted by Landlord from time to time for the performance terms of work in the BuildingSection 9.03 below. If Tenant fails to make any necessary repairs to the Premises within ten (10) for more than 15 days after notice from Landlord (provided that no prior although notice shall not be required in the event of an emergency), Landlord may, at its option, may make such the repairs, and and, within 30 days after demand, Tenant shall pay the reasonable cost thereof to of the Landlord on demand as Additional Base Rentalrepairs, together with an administrative charge in an amount equal to ten percent (10%) % of the cost of such the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) 15 days by Tenant or after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant's ’s behalf so long as Tenant commences such repair within ten (10) 5 days after notice from Landlord and is diligently pursuing the same to completion. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) the roof, gutters, downspouts, if any, and all other structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas.

Appears in 1 contract

Samples: Office Lease Agreement (Versant Corp)

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