Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. The Tenant shall (a) take good care of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

Appears in 6 contracts

Samples: Early Lease Termination Settlement Agreement, Housing Lease, Housing Lease Rider

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Repairs and Maintenance. The Tenant shall (a) take good care It is the responsibility of the Apartment and all equipment and fixtures in it; (bTenant(s) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are conditions which need repairthe responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have a reasonable amount no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of time was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to make repairsnotify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (eall broken glass. Tenant(s) shall not attach topaint, hang from re-wallpaper, or place anything on otherwise redecorate or make alterations to the railings of Premises without the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative written consent of the Landlord. If Tenant contracts for any such services without written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, Tenant the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be wholly responsible for paid until the payment for any time of such service destruction and from thenceforth this Lease Agreement shall hold cease and come to an end. In the Landlord harmless against any claim made event, the damage is caused by a contractor who performs any such service at the request act of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionTenant(s), or else someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Landlord for Premises, moving furniture and wall hangings shall be the costs incurred for duty and expense of the Landlord Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to do so after Tenant vacatesrepairs or interruptions of service except as provided by law.

Appears in 6 contracts

Samples: pomeroycourt.com, 500square.com, pomeroycourt.com

Repairs and Maintenance. The Tenant shall maintain in good condition and repair the structural portions of the Building including without limitation the foundation and roof and shall maintain in good condition the exterior of the Building, provided that at any time during the Term, Landlord may elect to have Tenant perform repairs and maintenance obligations hereunder, at Tenant’s costs, in which event Tenant shall do so in accordance with all Laws and in a good, safe, and workmanlike manner. If Landlord is required to perform repairs and maintenance, then Tenant agrees to reimburse Landlord for all costs and expenses of Landlord in performing such repairs and maintenance no later than five (5) days after Tenant receives a request for reimbursement from Landlord. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance. There shall be no abatement of Rent and, except for the gross negligence or willful misconduct of Landlord or its employees, no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvement in or to any portion of the Premises or in or to fixtures, appurtenances and equipment therein; provided, that Landlord, its employees, agents and contractors use reasonable efforts not to unreasonably interfere with Tenant’s business in exercise of Landlord’s rights or obligations hereunder. Except as may otherwise be expressly set forth herein, Tenant affirms that (a) take good care neither Landlord nor any agent, employee or officer of Landlord has made any representation regarding the condition of the Apartment Premises, the Building, the Common Areas or the Project, and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time not be obligated to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of undertake any repairs that are not "normal wear and tear" repairsrepair, any such costs shall be considered additional rent; (e) shall not attach toalteration, hang from remodel, improvement, painting or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesdecorating.

Appears in 4 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

Repairs and Maintenance. The 18.1. Tenant, at its sole cost and expense, shall maintain and keep the Premises, all improvements thereon, and all appurtenances thereto, including but not limited to sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises, in good condition (ordinary wear and tear excepted) and in a manner consistent with the Permitted Use provided, however, Tenant shall (a) take good care not be required to maintain any of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever foregoing to the need results from extent such maintenance is the Tenant's act responsibility of neglect an owners’ association, City of San Diego or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairsutility provider. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" make all repairs, any such costs replacements and improvements, including, without limitation, all structural, roof, HVAC, plumbing and electrical repairs, replacements and improvements required, and shall be considered additional rent; (e) shall not attach to, hang keep the same free and clear from or place anything on the railings of the patio or deck; all rubbish and ( f ) Tenant agrees not to install any partition wallsdebris. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing All repairs made by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for at least equal in quality to the payment for any such service original work, and shall hold the Landlord harmless against any claim be made only by a licensed, bonded contractor who performs approved in advance by Landlord (which shall not be unreasonably withheld, conditioned or delayed); provided, however, Tenant may make such repairs using its own personnel so long as it hires personnel with adequate experience and qualifications in performing such work; provided, further, that such contractor or qualified personnel need not be bonded or approved by Landlord if the Alterations, repairs, additions or improvements to be performed do not exceed Seventy-Five Thousand Dollars ($75,000) per occurrence or an aggregate amount of One Hundred Seventy-Five Thousand Dollars ($175,000) in any such service at the request of the Tenanttwelve (12) month period. Tenant shall also be responsible for returning not take or omit to take any action, the apartment back to its original conditiontaking or omission of which shall cause waste, damage or else shall be liable injury to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises, ordinary wear and tear excepted.

Appears in 4 contracts

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

Repairs and Maintenance. The By taking possession of the Premises, Tenant shall (a) take be deemed to have accepted the Premises as being in good care sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Apartment and all equipment and fixtures Tenant excepted. Unless specifically provided in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersan addendum to this Lease, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable amount cost of time to make such maintenance and repairs. Tenant shall be responsible for reimbursing the give Landlord for the cost written notice of any required repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) or maintenance. Landlord shall not attach to, hang from be liable for any failure to repair or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the Apartment responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or apartment complex unless approved in writing by a representative interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the Landlord. If Tenant contracts for any such services without written consent of building or the LandlordPremises or to fixtures, Tenant shall be wholly responsible for the payment for any such service appurtenances and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantequipment therein. Tenant shall also be responsible for returning waives the apartment back right to its original conditionmake repairs at Landlord's expense under any law, statute or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesordinance now or hereafter in effect.

Appears in 3 contracts

Samples: Lease Agreement (Enact Health Management Systems), Lease Agreement (Rouge Wave Software Inc), Lease Agreement (Onsale Inc)

Repairs and Maintenance. The Tenant shall (a) take good care of the Apartment Landlord, at its sole cost and all equipment and fixtures in it; (b) expense, will promptly make all necessary replacements (as opposed to repairs and replacements whenever maintenance) of capital items serving the Project in a manner consistent with the standards prevailing from time to time for Comparable Class Buildings, including, but not limited to the roof, foundation and structural elements of the Buildings, the HVAC system, major elevator components and the main equipment and systems providing services to the Project including without limitation, the Project-wide sprinkler systems, mechanical, electrical, life safety and plumbing systems, elevators, the fire alarm systems and repaving of the Parking Area, unless the need results from for any such replacement is caused by the negligence or willful misconduct of Tenant or its agents, employees, or contractors, or breach of this Lease by Tenant's act , in which event Tenant will bear the cost of neglect such repairs to the extent as provided in this Lease. In no event will Landlord be liable to Tenant for failure to make any required replacement unless written notice of the need for such replacement has been delivered by Tenant to Landlord and Landlord shall fail to make such replacement within a reasonable period after receipt of such notice. If Landlord fails to perform a required replacement or fails to repair a warranted item within a reasonable period after receipt of notice as set forth above, and such failure causes the neglect Project to be without an essential building service (such as electricity or HVAC but not to include elevators) which renders all or any portion of the Premises untenantable for five (5) consecutive business days, and so long as the correction of the problem is within Landlord’s reasonable control, then Tenant shall be entitled to an abatement of Rent (in proportion to the area so untreatable) until such essential service is restored. If such failure aggregates to a total of forty-five (45) days in any twelve (12) month period, and so long as the correction of the problem is within Landlord’s reasonable control, then Tenant shall have the right to terminate this Lease. Landlord will consult with Tenant regarding the need for replacement of capital items. In the event of a dispute between Landlord and Tenant as to whether a particular item is a capital replacement to be made by Landlord (or whether such item is not in need of replacement and is instead part of Tenant’s family membersrepair and maintenance of capital items), guestswhich dispute is not resolved by the parties within fifteen (15) days after Tenant’s notice to Landlord of the Tenant’s request for such replacement, visitors then, within ten (10) days after the expiration of such fifteen (15) day period, Landlord and Tenant shall each select an independent disinterested engineer, which engineers shall mutually determine (within ten (10) days) whether the item in question is a capital replacement to be made by Landlord or contractors (if consented to by Landlord); (c) keep the Apartment whether such item is not in need of replacement and any other is instead part of Tenant’s repair and maintenance of capital items. The losing party shall bear the building used costs of both engineers. If the engineers cannot agree, then the engineers shall mutually select a third independent disinterested engineer. Such third engineer shall then (within ten (10) days) make its determination whether the item in question is a capital replacement or whether such item is not in need of replacement and is instead a repair and maintenance item, whose decision shall be final and binding. The losing party shall pay the fees and costs of such third engineer. At a minimum, each of the engineers shall be disinterested engineers, with substantial experience in the Miami-Dade County commercial real estate office market. Except for the specific capital items to be replaced by Landlord as described above and the Tenant items warranted by Landlord as clean described above , Tenant, at its sole cost and expense, will repair and maintain (and replace if necessary) the Project (including, without limitation, all furniture, trade fixtures and equipment of Tenant, all areas devoted to corridors, elevator lobbies, restrooms, mechanical rooms, janitorial closets, electrical and telephone closets, vending areas, lobby areas, refuse dumpsters, loading docks and other similar facilities, Building stairs, Building elevator shafts, elevator mechanical rooms, fire towers, Building electrical, mechanical and telephone rooms, electrical, communications and mechanical chases, projections, flues, vents, stacks, pipe shafts and other vertical penetrations, ducts and chases) in a clean, attractive and safe as possible; condition and (d) promptly notify in a manner consistent with the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of standards prevailing from time to make repairstime in Comparable Class Buildings, except as to reasonable wear and tear. Upon expiration or earlier termination of this Lease, Tenant will surrender and deliver the Premises to Landlord in a similar condition in which they existed at the commencement of this Lease excepting reasonable wear and tear and damage arising from either an insurable casualty or any cause not required to be repaired by Tenant. Tenant shall be responsible obligated to repair any damage incurred in connection with any removal of Tenant’s furniture, equipment or other personal property by Tenant or its agents, representatives or employees, provided that Tenant shall not be obligated to repair any damage to any area which Landlord has notified Tenant in writing that it intends to refurbish or remove in connection with renovation of the Project for reimbursing re-letting. This Section shall not apply in the case of damage or destruction by fire or other casualty which is covered by insurance maintained by Landlord or Tenant on the Project (as to which Section 15 hereof shall apply) or damage resulting from an eminent domain taking (as to which Section 17 hereof shall apply). To the extent possible, Landlord will assign to Tenant the benefit of any manufacturer’s warranties and guaranties with respect to the items installed by Landlord but to be maintained by Tenant regarding the Project. Landlord will obtain the warranties and guaranties as may be expressly required in the final approved Construction Documents for the cost Premises. Landlord will use reasonable efforts to cause Tenant to be a third party beneficiary of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to ’s construction contract with its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesgeneral contractor.

Appears in 3 contracts

Samples: Lease (Interval Leisure Group, Inc.), Lease (Interval Leisure Group, Inc.), Lease (Interval Leisure Group, Inc.)

Repairs and Maintenance. The Except to the extent any of the following is Xxxxxxxx’s obligation pursuant to Section 4[A], Tenants shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenants’ own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Xxxxxxxx’s obligation pursuant to Section 4[A], Tenant shall (a) take good care of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever renewals upon Premises and replace broken fixtures with material of the need results from same size and quality as that broken. If, however, the Tenant's act Premises shall not thus be kept in good repair and in a clean condition by Tenants, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of neglect this Agreement or an interference with the possession of the Premises by Tenants, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenants agree to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenants shall not cause or permit any waste, misuse or neglect of Tenant’s family membersthe water, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairwater, gas or electric fixtures. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall Tenants will also be responsible in compliance with all laws and regulations during the entire term of this Agreement, except for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for repairs required of the Landlord to do so after Tenant vacatesbe made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Repairs and Maintenance. The Tenant shall (a) take good care During the term of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersthis Lease, guestsLessor, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant at its expense, shall be responsible for reimbursing maintaining and keeping in good repair the Landlord exterior and structural parts of the building and the paved parking areas and driveway on the Leased Premises. Lessor will also provide landscaping for the cost Leased Premises and will maintain in good repair the lawn and all landscaped areas of the Leased Premises. Lessor will make or cause any necessary repairs or maintenance to be made or performed as soon as is reasonably possible after having been notified by Lessee that such repairs or maintenance are not "normal wear and tear" repairsnecessary, any unless the need for such costs repairs or maintenance are a result of Lessee’s negligence in which case, the repairs or maintenance shall be considered additional rent; (e) shall Lessee’s obligation and responsibility. During the term of this Lease, Lessee, at its expense, will maintain and keep in good repair the interior of the Leased Premises including, but not attach limited to, hang from all equipment, air conditioning, heating, plumbing, and electrical equipment and machinery on or place anything on in the railings Leased Premises. Lessee further agrees to enter into and maintain in effect during the term of this Lease a service and maintenance contract with a licensed HVAC contractor acceptable to Lessor providing for periodic inspection, maintenance and service of the patio or deck; heating and ( f ) Tenant air conditioning equipment in the Leased Premises. Upon request by Lessor, Lessee agrees not to install any partition wallsfurnish to Lessor a copy of its service and maintenance contract for the HVAC equipment. No outside contractor is authorized Lessee further agrees to perform any services at keep the Apartment or apartment complex unless approved in writing by a representative exterior of the LandlordLeased Premises as well as the parking and driveway areas in a neat and orderly manner, free and clear of all trash and debris. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant Lessee shall also be responsible for returning providing any trash or waste receptacles and for the apartment back regular removal and disposal of any such trash or waste. Provided, however, that Lessee shall not be responsible for any repairs and shall not be required to its original reimburse Lessor for or pay the cost of repairs to the Leased Premises or any part thereof or to fixtures of the building occasioned by or resulting from fire, other casualties or acts of God. Subject to the respective obligations of the Lessor and the Lessee to repair and maintain the Leased Premises and improvements located thereon as herein expressly provided, Lessee will deliver up the Leased Premises at the end of the term of the Lease or any extension hereof in good condition, reasonable wear and tear, damage by fire, other casualty or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatescasualties and acts of God excepted.

Appears in 3 contracts

Samples: Office Lease Agreement, Warehouse Lease Agreement (Pokertek Inc), Warehouse Lease Agreement

Repairs and Maintenance. Tenant agrees to utilize the portal to submit to Owner’s Agent any and all repair requests for the Property. In the event of damage by fire, water, acts of God, tenant shall notify Owner’s Agent immediately. Owner’s Agent agrees to make any necessary repairs to the property within a reasonable time provided there is written and dated receipt of such notification. The Tenant will be responsible for any damage to the property beyond ordinary wear and tear and for the cost of service calls if the vendor is not able to confirm an issue reported by the tenant. The tenant agrees to reimburse Owner’s Agent for expenses related to these matters within a thirty (30)-day period. Owner’s Agent shall (a) take good care of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from not be responsible or liable for any damage or injuries to the Tenant's act , his family, or guests. Tenant agrees to maintain the premises in a safe and clean manner. If at any time, it is determined that dust has accumulated on the A/C coil or A/C condensation drain lines are clogged due to TENANT'S failure to timely change an A/C filter or maintain the condensate line, TENANT agrees to pay for professional coil cleaning and/or condensation line cleaning charge. TENANT shall be liable for any damages to the A/C or heating system as a result of neglect TENANT failure to timely change the filters or add vinegar. TENANT agrees that the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other information binder is made part of and is an addendum to this Lease. If any plumbing issues result from TENANT and/or guests flushing anything into the building used by the Tenant as clean toilet other than human waste and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant toilet paper, TENANT shall be responsible for reimbursing any costs or charges incurred. Examples of items that should not be flushed down the Landlord for the cost of any repairs that toilet(s) or sent down other plumbing drains, include, but are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach limited to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordwipes, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition“flushable” wipes, sanitary napkins, feminine products, diapers, refuse, dental floss, grease, coffee grounds, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatespaper towels.

Appears in 3 contracts

Samples: Residential Lease, Residential Lease, Residential Lease

Repairs and Maintenance. The Tenant shall (a) take Except with respect to Landlord Repairs (as defined below) and any other obligations of Landlord expressly set forth in this Lease, Tenant, at Tenant’s expense, shall keep and maintain the Premises in good care of the Apartment order and condition including promptly making all equipment repairs necessary to keep and fixtures maintain such in it; (b) promptly make all necessary good order and condition. When used in this Lease, “repairs” shall include repairs and replacements whenever any reasonably necessary replacements. Tenant shall have the need results from the Tenant's act option of neglect replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or the neglect advising Landlord of Tenant’s family membersdesire to have Landlord make such repairs, guests, visitors or contractors (if consented in which case Tenant shall pay to by Landlord for such repairs at Landlord); (c) keep ’s then-standard rate. To the Apartment and extent that Tenant requests that Landlord make any other part repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If there is an uncured Event of Default, Landlord may elect to require that Tenant prepay the building used by the amount of such repair. All Tenant as repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality to those being repaired. In addition, Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and/or Alterations in a clean and safe as possible; manner and (d) promptly notify in proper operating condition throughout the Landlord when there are conditions which need repairTerm. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

Appears in 3 contracts

Samples: Lease (Passage BIO, Inc.), Lease (Passage BIO, Inc.), Passage BIO, Inc.

Repairs and Maintenance. The Tenant shall (a) take good care of the Apartment properly use and operate all equipment furniture, furnishings and appliances, electrical, gas and plumbing fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant them as clean and safe sanitary as possible; their condition permits. Pool/Spa/Hot tub - If applicable, tenant agrees to properly maintain any pool/hot tub/spa on or in the property or have it maintained by a professional service. This does not apply to HOA/Community controlled/maintained pools/spas/hot tubs. This maintenance shall be done at the expense of the Tenant Agent. Tenant agrees to be responsible for any damage caused to the above mentioned pool/spa/hot tub, and (dto adhere to any necessary instructions from a professional pool company, if given. If tenant does not properly follow maintenance instructions, and the pool/spa/hot tub or any of its equipment falls into disrepair, tenant will be liable for the costs associated with repair/ replacement. Excluding ordinary wear and tear, Tenant shall notify Agent and pay for all repairs or replacements caused by Tenant(s) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairsor Tenant’s invitees’ negligence or misuse. Tenant shall not make repairs without prior written consent of Agent. Excessive damage by Tenant, Tenant’s household, or guests to the premises or unsanitary conditions deemed a health risk by Agent shall be grounds for Agent to evict Tenant. As of the date of this agreement, Owner/Agent warrant that the dwelling’s sewage drains are in good working order and that they will accept the normal household waste for which they were intended. The most common tenant caused problems are caused by grease in kitchen sink, long hair in bathroom sinks, showers and tubs and improper use of the toilets. Sewer drains will not accept things such as paper diapers, sanitary napkins, tampons, children’s toys, wads of toilet paper, paper towels, grease, table scraps, or rocks. Tenant agrees to pay the costs for clearing the drains of any and all stoppages unless caused by defective plumbing, tree roots or caused by a problem with the main sewer line, which is attested to by the plumber called in to clear the stoppage. Tenant is responsible for reimbursing keeping the Landlord lawn and landscaping in the condition in which it was received, unless it is deemed not applicable on page 4 #15 of this lease. If after a call from Agent indicated that upkeep needs to improve and nothing is done, Agent has permission to have professional lawn care begin at Tenant’s expense. Tenant agrees to use care when maintaining and cleaning rental unit, including all floors, plumbing fixtures, appliances, etc. Tenants should refrain from using overly abrasive cleaning solutions or cleaning products that may cause permanent damage. Tenant acknowledges that they are responsible for the cost of any repairs damage caused by abrasive cleaning products or cleaning solutions and that are said damage will not "be considered “normal wear and tear" repairs, .” Tenants agree to maintain adequate temperature in the dwelling at all times to prevent the pipes from freezing. Tenant is responsible for insuring hoses are disconnected from outside spigots in below freezing weather to prevent pipes from freezing and cracking. Tenant is also responsible for regulating sprinkler system (if applicable) to ensure no freezing takes place. Tenant is responsible for keeping any such costs shall be considered additional rent; (e) shall not attach to, hang from applicable heat tape plugged in during winter months or place anything on the railings any time of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlordyear when temperature reaches below 40 degrees. If Tenant contracts has questions at any time regarding these matters, they will call Agent for any such services without written consent assistance. Agent has installed all necessary smoke detection and CO detection devices. It is the tenant’s responsibility to ensure that batteries are being changed and that these devices remain in good working order. Tenant agrees to test devices/batteries monthly to ensure proper operation. Tenant understands a $100.00 charge will be added to the ledger for each smoke detector that is removed from the property. This charge can be added during an inspection or returning possession of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesunit.

Appears in 2 contracts

Samples: maviunlimited.com, maviunlimited.com

Repairs and Maintenance. The Tenant Lessee shall (a) take maintain the leased premises in a good care state of repair and be responsible for the costs of maintenance and repairs. He will, among other things, be responsible for the repair and, if necessary, replacement of the Apartment locks of the doors, windows, hinges and all equipment handles, taps, interior paint work, flooring and fixtures the like. All private drainage systems and pipes need to be maintained and cleaned and in it; such a state that no blockage is possible. He will maintain the water pipes and the central heating (bas far as these are private, otherwise through the maintenance contract) promptly make all necessary repairs and replacements whenever the need results and, when necessary, protect them from the Tenant's act of neglect frost. The Lessor or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part manager of the building used can close maintenance contracts for this purpose on the behalf of the Lessee. All defects, damage, and the like are presumed to have arisen after the effective date of this lease agreement, with the exception of those listed in the delivery report, and are to be borne by the Tenant as clean Lessee. Only the hidden defects of the leased premises that impede the use thereof and safe as possible; and (d) promptly notify that are reported within twelve months after the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount signing of time the contract to make repairs. Tenant the Lessor shall be responsible for reimbursing borne by the Landlord for Lessor. It is agreed that only major and structural repair work, in accordance with Section 606 Civil Code, will be borne by the cost Lessor, as far as they are not caused by the failure of the repairs or errors of the Lessee. The Lessee must immediately report to the Lessor by registered letter which obligations he believes the Lessor should have to fulfil. The damage or inconvenience sustained by failing to recognize this notification requirement will be borne by the Lessee. The Lessee will tolerate any repairs that are not "normal wear and tear" or renovations performed by the Lessor to fulfil his obligations regarding major repairs, as defined, and this without any such costs shall right to compensation or reduction of the rental price. However, if the works result in a permanent unavailability of more than fourteen days and of at least 20% of the leased premises, then the Lessee and the Lessor will hold consultations regarding a rent reduction. The Lessee will always grant access to the Lessor or his representative to all leased premises, in order to carry out the necessary inspections and/or to be considered additional rent; (e) able to perform repairs, or to verify the state of the leased premises. The Lessor shall not attach to, hang from be liable for any interruption of services or place anything on the railings utilities of the patio building or deck; and ( f ) Tenant agrees not to install any partition wallsthe consequences thereof, unless the interruption is caused by his willful misconduct, fraud or gross negligence. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable The Lessor can give notice to the Landlord for Lessee by registered mail, demanding that he carries out the costs incurred for necessary repair work and to end this within thirty days after sending this letter. The Lessor has no task of supervision or control over the Landlord to do so after Tenant vacatesrepairs and the like that the Lessee must perform.

Appears in 2 contracts

Samples: Office Space Lease Agreement (Galapagos Nv), Office Space Lease Agreement (Galapagos Nv)

Repairs and Maintenance. The Tenant Landlord shall (a) take good care maintain, or cause to be ----------------------- maintained in first class working condition, the common areas of the Apartment Building and all equipment the land upon which it is situated, including without limitation the lobbies, elevators, stairs, and fixtures in it; (b) promptly make all corridors, the roof, foundations, structural elements, building systems, parking areas and exterior walls of the Building, and the underground utility and sewer pipes outside the exterior walls of the Building, if any, except any of such repairs rendered necessary repairs and replacements whenever by the need results from the Tenant's act of neglect negligence or the neglect misconduct of Tenant’s family members, guestsits agents, visitors customers, employees, independent contractors, guests or contractors invitees (if consented to the extent not released by Landlord pursuant to Section 18.2), the repair of which shall be paid for by Tenant within thirty (30) days of Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair's written demand with backup invoices. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing not alter the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings existing windows of the patio Premises (whether by addition of film or deck; and ( f ) Tenant agrees not otherwise). Subject to install any partition walls. No outside contractor is authorized Landlord's right of access pursuant to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the LandlordArticle 17, Tenant shall be wholly exclusively responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request interior of the TenantPremises (other than structural elements of the Building and portions of the Building systems within the Premises), which shall be maintained by Tenant in good order and repair, and Landlord shall be under no obligation to inspect the Premises or, except as otherwise expressly provided in this Lease, repair the Premises. Tenant shall also be promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and failure to so report such defects shall make Tenant responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for any liability incurred by Landlord by reason of such conditions. Tenant hereby waives the costs incurred for the Landlord right to do so after Tenant vacatesmake repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Lease Agreement (Vialog Corp), Expansion Agreement (Call Points Inc)

Repairs and Maintenance. The Tenant shall, at its expense, throughout the Term, keep, maintain and preserve, in good condition and repair, the Premises and the fixtures and appurtenances therein. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning (“HVAC”) servicing the Premises, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass. Throughout the Term, Tenant shall maintain, at its own expense, an HVAC maintenance contract that is reasonably acceptable to Landlord. Notwithstanding anything herein to the contrary, in the event that any HVAC unit(s) or any major component of the HVAC unit(s) (i.e., the air-handler, compressor, coil or condenser) serving the Premises requires replacement (rather than repair), as reasonably determined by Landlord, during the Term of the Lease, then Landlord, not Tenant, shall replace the HVAC unit(s) or applicable component of any such HVAC unit(s) at Landlord’s sole cost and expense; provided, however, that in the event any such replacement is necessary due to (a) take good care the negligence or misconduct of Tenant or the Apartment and all equipment and fixtures in it; Tenant’s Parties, or (b) promptly make all necessary repairs Tenant’s failure to repair and replacements whenever maintain the need results from HVAC unit(s) or the misuse of the Premises by Tenant or the Tenant's act ’s Parties, then Tenant, and not Landlord, shall be solely responsible for the total cost of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part such replacement of the building used by applicable HVAC unit(s) or major component thereof and Tenant shall pay such amount to Landlord, as Additional Rent under the Lease, within ten (10) days after the delivery to Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairof written demand, together with supporting invoices, therefor. Landlord shall have a reasonable amount repair, replace and restore the Common Areas and the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Building and the cost of all such matters performed by Landlord shall constitute Operating Expenses. Notwithstanding any of the foregoing, however, from time to make time during the Term, Landlord may elect, in its sole discretion following Tenant’s failure to cure following delivery of written notice to Tenant, to perform on behalf of Tenant, all or some portion of the repairs, maintenance, restoration and replacement in and to the Premises required to be performed by Tenant under this Lease (any such repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of Tenant are herein collectively referred to as “General Maintenance Services”). Tenant shall be responsible for reimbursing the reimburse Landlord for the cost or value of any repairs that are not "normal wear all General Maintenance Services provided by Landlord as Additional Rent. Unless and tear" repairsuntil Landlord affirmatively elects to provide General Maintenance Services, any such costs nothing contained herein shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not construed to install any partition walls. No outside contractor is authorized obligate Landlord to perform any services at the Apartment General Maintenance Services or, except as otherwise expressly provided in this Section 14, to repair, maintain, restore or apartment complex unless approved in writing by a representative replace any portion of the LandlordPremises. If Tenant contracts for any such services without written consent Landlord may from time to time, in its sole discretion, (a) reduce or expand the scope of the Landlord, Tenant shall be wholly responsible for the payment for General Maintenance Services that Landlord has elected to provide or (b) revoke its election to provide any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request or all of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesGeneral Maintenance Services.

Appears in 2 contracts

Samples: , and Attornment Agreement, , and Attornment Agreement (Birks Group Inc.)

Repairs and Maintenance. The Tenant shall (a) take Tenant shall keep the Premises, including the Leasehold Improvements and Tenant's Property (both as hereinafter defined) neat, clean and in good care order and condition. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part or appurtenance of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever Premises, the need results from the Leasehold Improvements, Tenant's act of neglect Property, or the neglect of Tenant’s family membersBuilding (including mechanical, guestselectrical, visitors plumbing, heating, ventilating, air conditioning and other equipment facilities and systems located within or contractors (if consented serving the Building, collectively sometimes hereinafter referred to by Landlordas the "Building Systems"); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing (i) all repairs, replacements and alterations in and to the Premises, the Leasehold Improvements and Tenant's Property, and (ii) for all repairs, replacements and alterations in and to the Building and the Building Systems, the need for which arises out of (A) Tenant's use or occupancy of the Premises; (B) the installation or use of Tenant's Property in the Premises; (C) the moving of Tenant's Property into or out of the Building; or (D) any other act or omission of Tenant or Tenant's Representatives; provided, -------- however, that such repairs, replacements or alterations (other than to Tenant's ------- Property) shall be made by Landlord for and Tenant shall pay Landlord within ten (10) days of demand the cost of any repairs that are not "normal wear therefor as determined by Landlord, plus 7% for Landlord's overhead and tear" repairsprofit. Landlord may, before commencing any such costs shall be considered additional rent; work or at any time thereafter, require Tenant to furnish to Landlord such security in form (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing including a bond issued by a representative of the surety satisfactory to Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant ) and amount as Landlord shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesdeem necessary.

Appears in 2 contracts

Samples: Sublease Agreement (Accord Networks LTD), Sublease Agreement (Accord Networks LTD)

Repairs and Maintenance. The Tenant Grantor agrees to keep and maintain, and to cause others to keep and maintain, the Collateral in good order, repair and condition at all times while this Agreement remains in effect. Grantor further agrees to pay when due all claims for work done on, or services rendered or material furnished in connection with the Collateral so that no lien or encumbrance may ever attach to or be filed against the Collateral. INSPECTION OF COLLATERAL. Lender and Lender's designated representatives and agents shall (a) take good care have the right at all reasonable times to examine and inspect the Collateral wherever located. TAXES, ASSESSMENTS AND LIENS. Grantor will pay when due all taxes, assessments and liens upon the Collateral, its use or operation, upon this Agreement, upon any promissory note or notes evidencing the Indebtedness, or upon any of the Apartment other Related Documents. Grantor may withhold any such payment or may elect to contest any lien if Grantor is in good faith conducting an appropriate proceeding to contest the obligation to pay and all equipment and fixtures so long as Lender's interest in it; the Collateral is not jeopardized in Lender's sole opinion. If the Collateral is subjected to a lien which is not discharged within fifteen (b15) promptly make all necessary repairs and replacements whenever days, Grantor shall deposit with Lender cash, a sufficient corporate surety bond or other security satisfactory to Lender in an amount adequate to provide for the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part discharge of the building used by lien plus any interest, costs, attorneys' fees or other charges that could accrue as a result of foreclosure or sale of the Tenant Collateral. In any contest Grantor shall defend itself and Lender and shall satisfy any final adverse judgment before enforcement against the Collateral. Grantor shall name Lender as clean an additional obligee under any surety bond furnished in the contest proceedings. Grantor further agrees to furnish Lender with evidence that such taxes, assessments, and safe as possible; governmental and (d) promptly notify the Landlord when there are conditions which need repairother charges have been paid in full and in a timely manner. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, Grantor may withhold any such costs shall be considered additional rent; (e) shall payment or may elect to contest any lien if Grantor is in good faith conducting an appropriate proceeding to contest the obligation to pay and so long as Lender's interest in the Collateral is not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesjeopardized.

Appears in 2 contracts

Samples: Commercial Pledge Agreement (Advanced Life Sciences Holdings, Inc.), Commercial Pledge Agreement (Advanced Life Sciences Holdings, Inc.)

Repairs and Maintenance. The Tenant Lessee shall (a) take good care at its sole expense keep the interior of the Apartment premises in as good order and repair as it is at the commencement of this Lease Agreement, reasonable wear and tear excepted. A walk-through of the current Biotage space was made by representatives of Lessee and Lessor at the commencement of the first Lease and a checklist was prepared which stated the condition of all equipment and fixtures in it; leased property. This checklist was signed by both representatives at the time of the walk-through. Repairs noted as required to be made were completed by Lessor. A walk-through shall be made no later than thirty (b30) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act days prior to expiration of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment this Lease and any other part repairs noted as required shall be completed by Lessee, said repairs to be completed to the reasonable satisfaction of the building used Lessor. If Lessee fails to complete any such repairs by the Tenant as clean and safe as possible; and (d) promptly notify date of the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount termination of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for Lease the cost of any performing such repairs that are not "normal wear and tear" repairs, shall be deducted from Lessee's deposit. Lessee's deposit shall be released upon completion of any such costs repairs in accordance with the terms of paragraph 3, above. Lessee agrees to replace or repair all broken or damaged glass, locks, plaster and flooring at the sole expense of Lessee and such replacement or repair shall be considered additional rent; (e) shall to the satisfaction of Lessor. Lessee agrees to use water closets and other plumbing fixtures only for the purpose for which they were installed and not attach toto place sweepings, hang from rubbish, rags, chemicals, or place anything on the railings of the patio or deck; and ( f ) Tenant other items in such fixtures. Lessee agrees not to install on the property any partition walls. No outside contractor is authorized to perform heating unit or antenna of any services at kind without the Apartment or apartment complex unless approved in writing by a representative consent of the LandlordLessor. If Tenant contracts for Lessee agrees to keep all doors and windows closed during rain or snow, not to keep any such services explosive or flammable chemicals in unprotected areas on the property, and not to affix or suspend any signs, advertisements or notices upon or from any part of the property without the written consent of the Landlord, Tenant shall be wholly responsible Lessor. Lessor will provide a directory sign at the entrance to the parking area identifying the Lessee's business. Lessee further agrees not to place an iron safe or other heavy articles (defined as being greater than 125 lbs. per square foot) on the property without the written consent of the Lessor and agrees to indemnify the Lessor for all damages resulting from the payment for placement or moving of any such service article. Lessee agrees not to use any harsh or abrasive compounds or solvents on any tile floors and shall hold the Landlord harmless against to use only waxes of a water emulsion type. Notwithstanding any claim made by a contractor who performs any such service at the request of the Tenant. Tenant above, the Lessee shall also not be responsible for returning any repairs resulting from the apartment back negligence or willful acts of the Lessor or its agent. Lessor agrees to maintain and keep in good repair the heating systems, ventilation systems, air conditioning system, plumbing, sprinklers, electrical (not including lamp and other light fixture replacement), the roof, the exterior of the building, the grounds, and the parking areas except for any improvements made by the Lessee which maintenance shall be the responsibility of the Lessee. Said maintenance and repair shall be performed at Lessors own expense, except for (a) any damage exceeding reasonable wear and tear caused by the Lessee, and (b) any damage which in the reasonable judgement of the Lessor is due to abuse or improper use of the systems, etc., by Lessee, both of which kinds of damages shall be paid for by Lessee. Lessor shall, at its original conditionsole expense, or else have the sprinkler system tested annually as required for Lessor's insurance policy. Lessor shall not be liable to Lessee, its employees, agents or invitees for any damage or injury to persons or property or for any loss or interruption of business sustained by Lessee resulting from any occurrence or condition in or upon the Landlord for leased Premises, or the costs incurred for land, sidewalks and parking places adjacent thereto, unless said injury, damage, loss or interruption was caused by the Landlord to do so after Tenant vacatesnegligence or willful misconduct or Lessor, its agents or employees.

Appears in 2 contracts

Samples: Lease (Dyax Corp), Lease (Dyax Corp)

Repairs and Maintenance. The 14.01. Landlord shall at its expense, maintain the Building in good repair and condition, including but not limited to the maintenance and repair of the roof, foundation, air conditioning, heating, plumbing and electrical systems and structural components. Tenant will not in any manner deface or injure the Building, and will pay the cost of repairing any damage or injury done to the Building or any part thereof by Tenant or Tenant’s agents, employees or invitees. Tenant shall (a) take good care of the Apartment Premises and keep the Premises free from waste and nuisance of any kind. Tenant shall keep the Premises, including all equipment fixtures installed by Tenant and fixtures any plate glass and special store fronts, in it; (b) promptly good condition, reasonable wear and tear and damage caused by casualty excepted, and make all necessary non-structural repairs and replacements whenever the need results from the Tenant's act except those caused by fire, casualty or acts of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to God covered by Landlord’s fire insurance policy covering the Building. The performance by Tenant of its obligations to maintain and make repairs shall be conducted only by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned, or delayed); (c) keep , it being understood that Tenant shall procure and maintain and shall cause contractors and subcontractors engaged by or on behalf of Tenant to procure and maintain insurance coverage against such risks, and in such amounts as Landlord may reasonable require and with such companies as landlord may reasonably approve, in connection with any such maintenance and repair. If Tenant fails to make such repairs or take steps to have such condition corrected after the Apartment and any other part occurrence of the building used by the Tenant as clean damage or injury, Landlord may at its option make such repair, and safe as possible; and Tenant, shall within thirty (d30) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount days of time to make repairs. Tenant shall be responsible for reimbursing the request therefor, pay Landlord for the cost thereof. At the end or other termination of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordthis Lease, Tenant shall be wholly responsible for deliver up the payment for any such service Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear and damage caused by casualty excepted, and shall hold the deliver to Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable all keys to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Aralez Pharmaceuticals Inc.)

Repairs and Maintenance. The Landlord's sole obligations shall be repair, replacement and maintenance of the foundation, structural elements, exterior walls, and exterior windows of the Property. At Tenant's expense, Tenant shall perform all other maintenance and repairs necessary to maintain the improvements in a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including the roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (a) take good care except exterior windows), screens, awnings, locks, keys, weather stripping and thresholds as well as all interior walls, floors, walls, ceilings and floor coverings. Tenant's responsibility shall also include landscaping; irrigation; the replacement, servicing, repair and maintenance of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of Property, including the Landlord. If Tenant contracts heating, ventilation, and air conditioning systems and changing filters for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantsystems. Tenant shall also repair and be responsible for returning the apartment back damage caused by stoppage, breakage, leakage, overflow, discharge or freezing of plumbing pipes, soil lines or fixtures. If any part of the improvements is damaged by Tenant, or Tenant's employees, agents, or invitees or any breaking and entering of said improvements, Tenant shall provide Landlord with immediate written notification of all damage to the Property. After notification and approval by Landlord, repairs shall be made promptly at Tenant's expense so as to restore said improvement to its original previous condition. If Tenant refuses or neglects to commence the necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of emergency), Landlord may (but shall not be required to) make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's stock, business, equipment, or else fixtures by reason thereof, and if Landlord makes such repairs, Tenant shall be pay to Landlord, on demand, as Additional Rent, the cost thereof. Tenant's failure to pay shall constitute a default under this Lease. Tenant's failure to give, or unreasonable delay in giving, notice of needed repairs or defects shall make Tenant liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesany loss or damage resulting from delay or needed repairs.

Appears in 2 contracts

Samples: Viemed Healthcare, Inc., Viemed Healthcare, Inc.

Repairs and Maintenance. The Tenant Lessor shall (a) take good care not be liable to Lessee for any repairs necessitated by some act or neglect of Lessee or any Permittee, or any contractor, agent, employee, invitee of any of the Apartment and all equipment and fixtures aforesaid or, for any damage to merchandise, trade fixtures, or personal property of Lessee in it; (b) promptly make all necessary repairs and replacements whenever the need results leased premises caused by water leakage from the Tenant's act of neglect roof, water lines, sprinklers or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment heating and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairair conditioning equipment. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else Lessee shall be liable for all repairs and replacements, ordinary and extraordinary, other than those for which Lessor is responsible, and shall maintain in the leased premises in good order and repair, clean, sanitary and safe, including the replacement and maintenance of equipment, fixtures, improvements, floor covering, the exterior and interior portions of all doors, door locks, security gates and windows, plumbing and sewage facilities, heating and air conditioning equipment, walls, ceilings, and all plate glass. Lessee shall, as part of its maintenance and repair obligations hereunder, enter into a service contract with a local, approved contractor for service, maintenance and repair of all heating, ventilation and air conditioning equipment within and servicing the leased premises, which shall provide for servicing by such contractor no less often than quarterly. A copy of such contract shall be delivered to the Landlord Lessor annually. If Lessee refuses or neglects to make repairs and/or maintain the leased premises, or any part thereof, in a manner reasonably satisfactory to Lessor, Lessor shall have the right, upon giving Lessee reasonable written notice of its election to do so, to make repair or perform such maintenance on behalf of and for the costs incurred account of Lessee. In such event, such work shall be paid for by Lessee as additional rental promptly upon receipt of a xxxx therefor. Lessee further agrees to paint the Landlord interior of the leased premises when necessary in order to maintain at all times a clean and sightly appearance. Nothing herein shall imply any duty on Lessor to do so any work which Lessor is not specifically and expressly required to perform under this Lease or which, under any provisions of this Lease, Lessee may be required to perform; and, the performing thereof by Lessor shall not constitute a waiver of Lessee's default in failing to perform the same. Lessee acknowledges that the foregoing provisions of this paragraph shall apply and become effective from and after Tenant vacatesthe date Lessee or its agents or contractors enter the leased premises or undertake activities permitted hereunder. Lessee shall indemnify Lessor against, and hold it harmless from, any claims, demands, or actions against Lessor or its agents, employees or contractors for losses or damages incurred by Lessor or its agents, employees or contractors arising out of or in any way connected with Lessee's failure to perform its obligations or observe any covenants under this paragraph.

Appears in 2 contracts

Samples: Lease Agreement (Diagnostic Retrieval Systems Inc), Lease Agreement (Diagnostic Retrieval Systems Inc)

Repairs and Maintenance. The Tenant shall (a) take Landlord shall maintain in good care order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Apartment Building leased to other tenants), the Building parking facilities, the public areas and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairlandscaped areas. Landlord shall have a reasonable amount of time to make repairs. Tenant Such maintenance shall be responsible for reimbursing in a manner comparable to other buildings in Wildwood Office Park and shall include, without limitation, the Landlord for "Maintenance Services", as defined below. Notwithstanding the foregoing obligation, the cost of any repairs that are not "normal wear and tear" repairsor maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, any such costs contractors, employees, invitees, licensees, tenants or assigns, shall be considered additional rent; borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord within fifteen (e15) days after demand. Landlord shall not attach be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenantability and material repairs necessitated by damage caused by Landlord, its agents or employees acting within the scope of their agency or employment. The term Maintenance Services shall include (i) maintaining the exterior walls, exterior windows, exterior doors and roof of the Building, common areas, public corridors, stairs, elevators, storage rooms, restrooms, the heating, ventilating and air conditioning systems, electrical and plumbing systems of the Building, the walks, paving and landscaping surrounding the Building, (ii) grounds care, including, but not limited to, hang from or place anything on the railings sweeping of walks and parking areas and maintenance of landscaping in an attractive manner, illumination, snow removal, deicing and lawn care, all consistent with the patio or deck; grounds care of Wildwood Office Park, (iii) general maintenance, including supervision, inspections and ( f management functions as typically carried out in Wildwood Office Park, and (iv) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any extermination and pest control services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service Building (and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.common areas herein) and

Appears in 2 contracts

Samples: Lease Agreement (TSW International Inc), Lease Agreement (Indus International)

Repairs and Maintenance. The a. This is an absolute “Triple Net” Lease. It is a single-use and free-standing building with no other improvements on the Property. As a result the Tenant agrees that it shall (a) take good care maintain, replace, repair and keep all portions of the Apartment Premises which include but are not limited to all structural components (including any foundation members, supports, load-bearing members and all equipment walls and fixtures in it; (bthe roof) promptly make all necessary repairs and replacements whenever as well as the need results interior wall surfaces from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost exterior of any repairs that are not "normal wear such wall inward, storefront glass, doors (including storefront automatic doors and tear" repairsservice doors), any such costs shall be considered additional rent; (e) shall not attach todoor hardware, hang from or place anything on plumbing, electrical and mechanical equipment which exclusively serve the railings of Premises, and the patio or deck; Property, and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved every component therein, in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordgood order, Tenant shall be wholly responsible for the payment for any such service operating condition, maintenance and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantrepair. Tenant shall also maintain all Tenant signage, trade fixtures, improvements, and equipment in good order, operation condition and repair. Tenant shall also keep the Premises in a clean, sanitary and safe condition in accordance with all directions, rules and regulations of any health officers, building inspectors or other proper officers of the governmental agencies in the county in which the Shopping Center is located; and such other local, state or federal governmental authorities with jurisdiction over the Premises (collectively, the “Governmental Authorities”). Tenant shall permit no injury to the Premises, and shall, at its own cost and expense, replace with glass of the same or better quality any damaged or broken glass, including plate glass or other breakable materials used in structural portions of any interior or exterior windows and doors on the Premises. Tenant shall dispose of all trash and waste materials in outside trash containers to be responsible located in the designated trash areas or enclosures. Tenant shall flatten all boxes for returning dumping of trash. Tenant shall, at its own cost and expense, replace any light bulbs, frames, ballasts, and accessory parts thereof on the apartment back to its original Premises that may be broken or damaged during the Lease Term. Tenant, in keeping the Premises in good order, condition, and repair, shall exercise The Tenant will also maintain the HVAC system as required for reasonable mechanical integrity on a quarterly basis. Tenant understands and specifically agrees that as part of its obligation to maintain and repair the Premises and Property, that if required, the Tenant shall undertake at its sole cost and expense any improvements deemed to be “Capital Improvements” (as that term is generally defined by generally accepted accounting principals.) which may include the replacement or else repaving of any parking field, roof or structural component. Any such Capital Improvements when made shall be liable deemed to be fixtures on the Premises and Property and shall absolutely belong to the Landlord. To the extent that any such improvement requires the transfer to the Landlord for by any instrument (including xxxx of sale or deed) then the costs incurred for Tenant shall execute any such document so as to evidence the Tenant’s intent to transfer any such interest to the Landlord. In addition to other rights and remedies available to Landlord pursuant to do this Lease, if Tenant fails to perform Tenant’s obligations under this Article 10, Landlord may enter upon the Premises after forty-five (45) days’ prior written Notice to Tenant (except in the case of an emergency, in which case no Notice shall be required), perform such obligations on Tenant’s behalf, and put the Premises in good order, condition and repair, at Tenant’s expense. Notwithstanding the foregoing, in the event Tenant commences any repair or maintenance as required hereunder during said 45-day period, but is unable to complete the same using commercially reasonable efforts, Tenant will be permitted to complete such repair or maintenance so after long as Tenant vacatesis diligently pursuing completion of the same.

Appears in 2 contracts

Samples: www.sec.gov, Center Lease (Natural Grocers by Vitamin Cottage, Inc.)

Repairs and Maintenance. The Tenant Lessee shall (a) take good care at its sole expense keep the interior of the Apartment premises in as good order and repair as it is at the commencement of this Lease Agreement, reasonable wear and tear excepted. A walk-through of the current Biotage space was made by representatives of Lessee and Lessor at the commencement of the first Lease and a checklist was prepared which stated the condition of all equipment leased property. This checklist was signed by both representatives at the time of the walk-through. Repairs noted as required to be made were completed by Lessor. A walk-through of the new Biotage space will be made by representatives of Lessee and fixtures in it; Lessor at the commencement of this Lease and a checklist prepared which states the condition of all leased property. This checklist will be signed by both representatives at the time of the walk-through. Repairs noted as required to be made will completed by Lessor. A walk-through shall be made no later than thirty (b30) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act days prior to expiration of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment this Lease and any other part repairs noted as required shall be completed by Lessee, said repairs to be completed to the reasonable satisfaction of the building used Lessor. If Lessee fails to complete any such repairs by the Tenant as clean and safe as possible; and (d) promptly notify date of the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount termination of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for Lease the cost of any performing such repairs that are not "normal wear and tear" repairs, shall be deducted from Lessee's deposit. Lessee's deposit shall be released upon completion of any such costs repairs in accordance with the terms of paragraph 3, above. Lessee agrees to replace or repair all broken or damaged glass, locks, plaster and flooring at the sole expense of Lessee and such replacement or repair shall be considered additional rent; (e) shall to the satisfaction of Lessor. Lessee agrees to use water closets and other plumbing fixtures only for the purpose for which they were installed and not attach toto place sweepings, hang from rubbish, rags, chemicals, or place anything on the railings of the patio or deck; and ( f ) Tenant other items in such fixtures. Lessee agrees not to install on the property any partition walls. No outside contractor is authorized to perform heating unit or antenna of any services at kind without the Apartment or apartment complex unless approved in writing by a representative consent of the LandlordLessor. If Tenant contracts for Lessee agrees to keep all doors and windows closed during rain or snow, not to keep any such services explosive or flammable chemicals in unprotected areas on the property, and not to affix or suspend any signs, advertisements or notices upon or from any part of the property without the written consent of the Landlord, Tenant shall be wholly responsible Lessor. Lessor will provide a directory sign at the entrance to the parking area identifying the Lessee's business. Lessee further agrees not to place an iron safe or other heavy articles (defined as being greater than 125 lbs. per square foot) on the property without the written consent of the Lessor and agrees to indemnify the Lessor for all damages resulting from the payment for placement or moving of any such service article. Lessee agrees not to use any harsh or abrasive compounds or solvents on any tile floors and shall hold the Landlord harmless against to use only waxes of a water emulsion type. Notwithstanding any claim made by a contractor who performs any such service at the request of the Tenant. Tenant above, the Lessee shall also not be responsible for returning any repairs resulting from the apartment back negligence or willful acts of the Lessor or its agent. Lessor agrees to maintain and keep in good repair the heating systems, ventilation systems, air conditioning system, plumbing, sprinkler, electrical (not including lamp and other light fixture replacement), the roof, the exterior of the building, the grounds, and the parking areas except for any improvements made by the Lessee which maintenance shall be the responsibility of the Lessee. Said maintenance and repair shall be performed at Lessor's own expense, except for (a) any damage exceeding reasonable wear and tear caused by the Lessee, and (b) any damage which in the reasonable judgement of the Lessor is due to abuse or improper use of the systems, etc., by Lessee, both of which kinds of damages shall be paid for by Lessee. Lessor shall, at its original conditionsole expense, or else have the sprinkler system tested annually as required for Lessor's insurance policy. Lessor shall not be liable to Lessee, its employees, agents or invitees for any damage or injury to persons or property or for any loss or interruption of business sustained by Lessee resulting from any occurrence or condition in or upon the Landlord for leased Premises, or the costs incurred for land, sidewalks and parking places adjacent thereto, unless said injury, damage, loss or interruption was caused by the Landlord to do so after Tenant vacatesnegligence or willful misconduct of Lessor, its agents or employees.

Appears in 2 contracts

Samples: Lease (Dyax Corp), Lease (Dyax Corp)

Repairs and Maintenance. The Tenant (A) LANDLORD shall (a) take good care of not have any obligation to make any repairs or alterations to the Apartment PREMISES or any part thereof, except as otherwise expressly provided in this Lease. Throughout the TERM and any EXTENSION PERIODS, TENANT covenants and agrees to maintain the PREMISES and all equipment additions and fixtures improvements made upon them in it; (b) promptly make all necessary repairs such repair, order and replacements whenever condition as the need results from same are in at the Tenant's act commencement of neglect said term or may be put in by LANDLORD or TENANT during the neglect of Tenant’s family memberscontinuance thereof, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, damage by fire or any such costs other casualty, taking by eminent domain, and items which LANDLORD is expressly obligated to repair only excepted. Without limiting the generality of the foregoing, TENANT's responsibilities shall be considered additional rent; (e) include providing regular maintenance and repairs to all heating, air conditioning, hot water and other equipment serving the PREMISES as well as providing janitorial and cleaning services and repairing any damage to the PREMISES not caused due to the negligence, fault or misconduct of LANDLORD. TENANT shall not attach to, hang from permit or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install commit any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlordwaste. If Tenant contracts for any repairs are required to be made by TENANT pursuant to the terms hereof, LANDLORD may demand that TENANT make the same forthwith, and if TENANT refuses or neglects to commence such services without repairs within 30 days after written consent notice and to complete the same within reasonable dispatch after such demand, LANDLORD may (but shall not be required to) make or cause such repairs to be made. If LANDLORD makes or causes such repairs to be made, TENANT agrees that TENANT shall forthwith, within 30 days of written demand, which demand shall include invoices or other reasonable evidence of such sums expended by LANDLORD, pay to LANDLORD the Landlordcost thereof, Tenant and if TENANT shall be wholly responsible default in such payment, LANDLORD shall have the remedies provided for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, nonpayment or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesrent or other charges hereunder.

Appears in 2 contracts

Samples: Acusphere Inc, Acusphere Inc

Repairs and Maintenance. The Tenant shall (aA) take Lessee covenants and agrees to keep and maintain in good care order, condition and repair the interior and exterior of the Apartment Leased Premises during the term of the Lease, or any renewal terms. Lessee further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises, but Lessor shall reimburse Lessee for such reasonable costs and all equipment expenses incurred by Lessee in complying with Lessee's obligations under this Article relating to repairs, replacements and fixtures in it; (b) promptly make all necessary repairs and replacements whenever maintenance if the need results from for the Tenant's act same is caused by the negligent acts or omissions of neglect Lessor, its agents, contractors or employees, but only to the neglect of Tenant’s family members, guests, visitors extent such costs and expenses are not covered by the insurance maintained by Lessee or contractors would not be covered by the insurance required to be maintained by Lessee under this Lease (if consented Lessee shall have failed to by Landlordmaintain the same); (c) keep . Lessee covenants and agrees that during the Apartment and any other part term of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant Lease it shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any such costs shall be considered additional rentequipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit C attached hereto and incorporated herein by reference; (e) shall not attach to, hang from or place anything on and further agrees to replace any of said equipment when necessary. Lessee further agrees during the railings term of the patio or deck; and ( f ) Tenant agrees not Lease to install any partition walls. No outside contractor is authorized to perform any services be responsible for, at the Apartment or apartment complex unless approved in writing by a representative its own expense, snow removal, lawn maintenance, landscaping, maintenance of the Landlord. If Tenant contracts for any such services without written consent of the Landlordparking lot (including parking lines, Tenant shall be wholly responsible for the payment for any such service seal coating, and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionblacktop surfacing), or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesand other similar items.

Appears in 2 contracts

Samples: Net Lease Agreement (Aei Income & Growth Fund Xxi LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xvi LTD Partnership)

Repairs and Maintenance. The Tenant shall (a) take good care acknowledges that, with full awareness of its obligations under this Lease, and in light of the Apartment and all equipment and fixtures in it; fact that Landlord acquired the Premises from Tenant (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect an affiliate of Tenant’s family members) as of the Commencement Date, guestsTenant has accepted the condition, visitors state of repair and appearance of the Premises. Except for normal wear and tear and events of damage, destruction or contractors casualty to the Premises (if consented to by Landlordas addressed in Section 18 below); (c) , Tenant agrees that, at its sole expense and throughout the Term, it shall put, keep and maintain the Apartment Premises, including any Alterations and any altered, rebuilt, additional or substituted building, structures and other part of the building used by the Tenant as clean improvements thereto or thereon, in good order, condition, repair and safe as possible; and appearance (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible allowing for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs), and in a safe condition, repair and appearance (collectively, the “Required Condition”) and shall make all repairs and replacements necessary to ensure compliance with the Required Condition. Without limiting the foregoing, Tenant shall promptly make all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes, replacements and repairs of every kind and nature, and correct any such costs shall patent or latent defects in the Premises, which may be considered additional rent; required to put, keep and maintain the Premises in the Required Condition. Tenant will keep the Premises orderly and free and clear of rubbish. Tenant covenants to perform or observe all terms, covenants and conditions of any easement, restriction, covenant, declaration or maintenance covenants of record (ecollectively, “Easements”) to which the Premises are currently subject or become subject pursuant to this Lease (it being agreed that Landlord shall not attach toamend any Easement or agree to any additional Easement in any manner that will either limit, hang in any adverse respect, Tenant’s rights under this Lease or impose any new or increased burden, economic or otherwise, on Tenant, without Tenant’s prior written consent, which consent may be withheld in Tenant’s sole, but reasonable, discretion), whether or not such performance is required of Landlord under such Easements, including, without limitation, payment of all amounts due from Landlord or place anything on Tenant (whether as assessments, service fees or other charges) under such Easements. Tenant shall deliver to Landlord promptly, but in no event later than five (5) business days after receipt thereof, copies of all written notices received from any party thereto regarding the railings non-compliance of the patio Premises or deck; and ( f ) Landlord’s or Tenant’s performance of obligations under any Easements. Tenant agrees shall, at its expense, use reasonable efforts to enforce compliance with any Easements benefiting the Premises by any other person or entity or property subject to such Easements. Landlord shall not be required to install maintain, repair or rebuild, or to make any partition wallsalterations, replacements or renewals of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the Premises or any part thereof in any way or to correct any patent or latent defect therein except to the extent such action is necessitated by Landlord’s or Agent’s negligence or willful misconduct or by actions taken by or on behalf of Landlord in connection with Landlord’s inspection of the Premises prior to Landlord’s acquisition of title thereto. No outside contractor is authorized Tenant hereby expressly waives any right to perform any services make repairs at the Apartment expense of Landlord which may be provided for in any Law in effect at the Commencement Date or apartment complex unless approved in writing by a representative of the Landlordthat may thereafter be enacted. If Tenant contracts for any such services without shall abandon the Premises, it shall give Landlord immediate written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesnotice thereof.

Appears in 2 contracts

Samples: Industrial Building Lease (Lenox Group Inc), Purchase and Sale Agreement (Lenox Group Inc)

Repairs and Maintenance. The Tenant shall (a) take good care Subject to Section 2(b) above, by taking possession of the Apartment Premises, Tenant shall be deemed to have accepted the Premises as being in good and all equipment sanitary order, condition and fixtures repair, including the initial Tenant Improvements, in it; (b) promptly make all necessary repairs good, clean and replacements whenever first-class condition and repair, and in any event in at least as good condition as on the need results from Commencement Date, reasonable wear and tear excepted. Without limiting the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part generality of the building foregoing (but subject to Section 2(b) above), Tenant shall be solely responsible for maintaining and repairing all fixtures, non-Building standard electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises using the same quality of materials as used by in the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairoriginal construction. Landlord shall have a reasonable amount of time to make repairs. In addition, Tenant shall be responsible for reimbursing all repairs made necessary by Tenant or any Tenant Party. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Building outside of the Premises, unless such repair or maintenance is required due to acts of Tenant or any Tenant Party. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord for shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the cost of Premises or which exclusively serves the Premises (collectively, “Cabling”). Tenant shall, at Tenant’s expense, contract with a reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs that are not "normal wear and tear" repairsto the Building or to the mechanical, any such costs shall be considered additional rent; (e) shall not attach toelectrical or heating, hang from ventilating, air conditioning, fire sprinkler or place anything on the railings energy management control systems of the patio Premises or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex Building, unless such repairs are previously approved in writing by a representative Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant waives the provisions of 1931(1), 1941 and 1942 of the Landlord. If Tenant contracts for California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such services without written consent of repairs from the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesRent due under this Lease.

Appears in 2 contracts

Samples: Standard Lease Agreement (Allbirds, Inc.), Standard Lease Agreement (Allbirds, Inc.)

Repairs and Maintenance. The Tenant Lessor shall (a) take maintain the outside premises and keep them in good care of repair at his expense, including, but not limited to the Apartment exterior walks, stairways, parking lots, shrubbery, landscaping, exterior lighting, roofing and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairoutside windows. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant Lessor shall also be responsible for returning the apartment back maintenance and repair of any major malfunctions of the mechanical, electrical, plumbing, air conditioning and heating systems and any common toilet facilities. Lessor shall maintain the Interior of the leased premises and keep them in good repair at Lessee's cost, including, but not limited to, light bulbs, fixtures, skylights, doors, carpets, etc. The failure of the Lessor to its make repairs shall not affect Xxxxxx's obligation to pay the rent, provided Lessor acts in a reasonable manner to make such repairs. SECTION 8 DELIVERY, ACCEPTANCE, SURRENDER OF PREMISES AND 90-DAY NOTICE OF VACANCY Partial destruction of the leased premises shall not render this lease void or voidable, nor terminate it except as herein provided. If the premises are partially destroyed during the term of this lease, Lessor shall repair them when such repairs can be made in conformity with governmental laws and regulations, according to the following. In the event less than one (1) year is remaining on the original conditionterm of the lease, Lessor may either terminate the lease or else require Lessee to sign a new lease for a new term prior to proceeding with the repairs as provided herein, at Lessor's option. Where more than one year remains on the original term of the lease, Lessor shall make the repairs as herein provided and the rent shall be reduced proportionately in accordance with the amount of space remaining available for occupancy be Lessee. Lessor shall not be liable for any other damages such as loss of business to Lessee. Written notice of the intention to Lessor to repair shall be given to Lessee within fifteen (15) days after any partial destruction. Lessor shall have the option to make them within a reasonable time and continue this lease in effect with proportional rental rebate to Lessee as provided for herein. If the repairs cannot be made in 120 days, and if Lessor does not elect to make them within thirty (30) days after the happening of the event causing the damage, either party shall have the option to terminate this lease. In the event of compete destruction to the Landlord for leased premises, either party hereto may terminate the lease at his option, unless it is agreed between the parties to make the necessary repairs and continue the lease. Disputes between Lessor and Lessee relating to provisions of this section shall be arbitrated. The parties shall select an arbitrator and the two arbitrators selected shall together select a third arbitrator. The arbitrators shall determine the dispute, and their decisions shall be binding on the parties. The parties shall divide the costs incurred for the Landlord to do so after Tenant vacatesof arbitration equally between them.

Appears in 2 contracts

Samples: Xsinventory, Xsinventory

Repairs and Maintenance. The Tenant shall (a) take Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the Premises in good care of the Apartment order and condition including promptly making all equipment repairs necessary to keep and fixtures maintain such in it; (b) promptly make all necessary good order and condition. When used in this Lease, “repairs” shall include repairs and replacements whenever any reasonably necessary replacements. Tenant shall have the need results from the Tenant's act option of neglect replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or the neglect advising Landlord of Tenant’s family membersdesire to have Landlord make such repairs, guests, visitors or contractors (if consented in which case Tenant shall pay to by Landlord for such repairs at Landlord); (c) keep ’s then-standard rate. To the Apartment and extent that Tenant requests that Landlord make any other part repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If Tenant has been in default under this Lease, Landlord may elect to require that Tenant prepay the amount of such repair. All repairs made by Landlord or Tenant shall utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the building used by Building and the Premises. If either Tenant as or Landlord (at Tenant’s request) installs and/or operates HVAC equipment (“Tenant’s Supplemental HVAC”) and/or any Alteration, Tenant, at Tenant’s expense, shall maintain Tenant’s Supplemental HVAC and/or Alteration in a clean and safe manner and in proper operating condition throughout the Term and, with respect to Tenant’s Supplemental HVAC, under a service contract with a firm and upon such terms as possible; may be reasonably satisfactory to Landlord, including inspection and (d) promptly notify maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 5 days after Landlord’s request, Tenant shall provide Landlord with evidence that such contract is in place. All repairs to the Landlord when there are conditions which need repairBuilding and/or the Project made necessary by reason of the installation, maintenance, and operation of Tenant’s Supplemental HVAC and Alterations shall be Tenant’s expense. In the event of an emergency, such as a burst waterline or act of God, Landlord shall have a reasonable amount of time the right to make repairs. repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but in such case Landlord shall be responsible for reimbursing the provide notice to Tenant as soon as practicable thereafter, and Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not take commercially reasonable steps to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for minimize the costs incurred for the Landlord to do so after Tenant vacatesincurred.

Appears in 2 contracts

Samples: Lease (Paratek Pharmaceuticals, Inc.), Lease (Paratek Pharmaceuticals, Inc.)

Repairs and Maintenance. The Tenant LANDLORD shall keep and maintain the exterior walls (a) take good care exclusive of doors and windows of the Apartment leased premises), the main sewer and all equipment and fixtures water lines in it; the event of sewer collapse or other failure (b) promptly excluding roto-rooter of backed up toilets). Provided, however, it shall be the duty of the Tenant, not Landlord, to make all necessary repairs and replacements whenever required because of negligence of Tenant or agents or employees. TENANT shall keep and maintain the need results from leased premises and the Tenant's act of neglect or roof, heating, plumbing, electrical, air conditioning, and other mechanical systems in good condition and repair and shall replace all broken glass in the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part leased premises with glass of the building used by the Tenant same kind and quality as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairsthat broken. Tenant shall keep the leased premises under Tenant’s control free from filth, nuisance, or danger of fire, and in all respects and at all times shall comply with the health and police regulations and ordinances and all other laws now in force or which may hereafter be responsible for reimbursing enacted by the City of Junction City, the State of Kansas, or the Federal Government. Tenant will not do, allow or permit (i) anything to be done or kept in the leased premises which will cause the cancellation of any insurance maintained by the Landlord for on the cost building in which the leased premises are located, (ii) any disturbance of any repairs that are not "normal wear and tear" repairsthe peace or loud or boisterous conduct in or about the premises, any such costs or (iii) the overloading of floors, walls, plumbing, sewer, water, electrical, or heating systems. ADDITIONS OR CHANGES TO LEASED PREMISES NO additions, alterations, changes or improvements shall be considered additional rent; (e) shall not attach to, hang from or place anything on made to leased premises by Tenant without the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord. All additions, alterations, changes and improvements made to the Leased Premises by Tenant which become fixtures to the premises shall be wholly responsible for become the payment for any such service and property of the Landlord. Any addition, alteration, change or improvement which is not a fixture shall hold remain the Landlord harmless against any claim made by a contractor who performs any such service at the request property of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Repairs and Maintenance. The 18.1. Tenant, at its sole cost and expense, shall maintain and keep the Premises, all improvements thereon, and all appurtenances thereto, including sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises, in good condition and in a manner consistent with the Permitted Use. Tenant shall make all repairs, replacements and improvements, including all structural, roof, HVAC, plumbing and electrical repairs, replacements and improvements required, and shall keep the same free and clear from all rubbish, debris, insects, rodents and other vermin and pests. Tenant, within thirty (a30) take good care days after Landlord’s request, shall provide to Landlord a copy of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary budget for maintenance, repairs and replacements whenever at the need results from Premises for the Tenant's act current calendar year, as well as a detailed summary of neglect or the neglect of Tenant’s family membersamounts actually expended by Tenant during the preceding calendar year for maintenance, guestsrepairs and replacements at the Premises. All repairs made by Tenant shall be at least equal in quality to the original work, visitors or contractors (if consented to and shall be made only by a licensed, bonded contractor approved in advance by Landlord); provided, however, that such contractor need not be bonded or approved by Landlord if the non-structural alterations, repairs, additions or improvements to be performed do not exceed Twenty-Five Thousand Dollars (c$25,000) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairin value. Landlord shall have a may impose reasonable amount of time restrictions and requirements with respect to make such repairs. Tenant shall be responsible for reimbursing not take or omit to take any action, the Landlord for taking or omission of which shall cause waste, damage or injury to the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the TenantPremises. Tenant shall also be responsible for returning indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any and all Claims (as defined below) arising out of the apartment back failure of Tenant or Tenant’s Agents to its original condition, or else shall be liable to perform the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.covenants contained in this paragraph. “

Appears in 2 contracts

Samples: Lease (Biotime Inc), Lease (Asterias Biotherapeutics, Inc.)

Repairs and Maintenance. The Tenant shall (a) take good care Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the interior, nonstructural portions of the Apartment Premises in good order and condition including promptly making all equipment repairs necessary to keep and fixtures maintain such in it; good order and condition (bother than ordinary wear and tear, provided “ordinary wear and tear” does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper maintenance, or by Tenant’s full and timely performance of its obligations under this Lease) promptly make all necessary (except to the extent such maintenance, repair or replacement is required as a result of the negligence of Landlord or Landlord’s contractors, employees or agents, in which event it shall be the obligation of Landlord to maintain, repair and/or replace same). When used in this Lease, “repairs” shall include repairs and replacements whenever any reasonably necessary replacements. For purposes of this Section, “nonstructural portions of the need results from Premises” shall be deemed to exclude, without limitation, all plumbing, electric and HVAC systems, whether located in or outside of the Premises (except for the Tenant's act ’s Supplemental HVAC and Premises Hot Water Heaters). Tenant shall have the option of neglect replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or the neglect advising Landlord of Tenant’s family membersdesire to have Landlord make such repairs, guests, visitors or contractors in which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate (if consented such rate to by Landlordbe competitive with the market rate for such services); (c) keep . To the Apartment and extent that Tenant requests that Landlord make any other part of repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s reasonable expense, and Tenant shall pay to Landlord such expense along with the building Administrative Fee. All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used by in constructing the Building and the Premises. In addition, Tenant as shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, and/or Alterations in a clean and safe as possible; manner and (d) promptly notify in proper operating condition throughout the Landlord when there are conditions which need repairTerm. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

Appears in 2 contracts

Samples: Lease Term (Cabaletta Bio, Inc.), Lease Term (Cabaletta Bio, Inc.)

Repairs and Maintenance. The Tenant shall (a) take Lessee covenants and agrees to keep and maintain in good care order, condition and repair the interior of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever Leased Premises during the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part term of the building used Lease, and further agrees that the Lessor shall be under no obligation to make any repairs or perform any maintenance to the interior of the Leased Premises unless specifically provided for herein or unless such repairs or maintenance are necessitated by the Tenant as clean negligent acts of Lessor. The Lessee covenants and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant agrees that it shall be responsible for reimbursing janitorial service and window cleaning to the Landlord for Leased Premises of such frequency as may be required to maintain the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings interior of the patio or deck; Leased Premises and ( f ) Tenant agrees not to install any partition wallsthe interior and exterior glass in a neat and clean condition. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant Lessee shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning maintenance and repair of non-structural interior walls, plate glass (including display windows), ceiling, and any trade fixtures or other personal property, Interior Improvements (as defined in paragraph (22) below) mechanical equipment which Lessee installs or, has as part of the apartment back final finish, placed in the Leased Premises. Lessee, if not in default under this Lease, may upon termination hereof remove all of Lessee's trade fixtures, personal property and equipment from the Leased Premises provided that Lessee repairs any damage caused by such removal and restores the Leased Premises to its original conditionthe condition existing as of the date said items were installed in the Leased Premises. Upon termination of this Lease for any reason, or else Lessee shall not remove any Interior Improvements, as that term is defined in paragraph (22) below. All such Interior Improvements shall remain to and for the benefit of the Lessor, and Lessor shall be liable deemed to own said Interior Improvements free and clear of all liens and encumbrances effective on the date this Lease terminates. Failure to remove any property which Lessee is obligated or entitled to remove upon termination hereof on or before thirty (30) days after termination of this Lease shall be conclusive evidence of abandonment of said property by Lessee and title to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatessame shall immediately vest in Lessor.

Appears in 2 contracts

Samples: Office Lease Agreement (Nicolet Bankshares Inc), Nicolet Bankshares Inc

Repairs and Maintenance. The Tenant shall (a) take good care Tenant shall keep the Premises, including the Leasehold Improvements (as defined in Section 9(a)), Tenant’s Property (as defined in Section 9(b)), the lighting, walls ceilings, and floors of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever Premises, the need results from the Tenant's act of neglect or the neglect of property identified as Tenant’s family membersrepair obligation on Exhibit E, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other equipment which use is dedicated to the Premises, neat, clean and in good order and condition, reasonable wear and tear excepted. Tenant shall give Landlord prompt notice of any damage to or defective condition, of which it becomes aware or reasonably should become aware, in any part or appurtenance of the building used by Premises, the Tenant as clean Leasehold Improvements, Tenant’s Property, or the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning and safe as possible; other equipment, facilities and systems located within or serving the Building (d) promptly notify hereinafter the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs“Building Systems”). Tenant shall be responsible for reimbursing all repairs, replacements and alterations in and to the Premises, the Leasehold Improvements, Tenant’s Property, the lighting, walls ceilings, and floors of the Premises, the property identified as Tenant’s repair obligation on Exhibit E, and any other equipment which use is dedicated to the Premises and for all repairs, replacements and alterations in and to the Building and the Building Systems, the need for which arises out of : (i) Tenant’s use or occupancy of the Premises, reasonable wear and tear excepted; (ii) the installation or use of Tenant’s Property in the Premises; (iii) the moving of Tenant’s Property into or out of the Building; or (iv) any other act or omission of Tenant or Tenant’s Representatives; provided, however, that such repairs, replacements or alterations (other than to Tenant’s Property) shall be made by Landlord for and Tenant shall pay Landlord within 10 days of demand the cost of any repairs that are not "normal wear and tear" repairstherefor plus a 10% Surcharge. Landlord may, before commencing any such costs shall be considered additional rent; work or at any time thereafter, require Tenant to furnish to Landlord such security in form (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing including a bond issued by a representative of the surety satisfactory to Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant ) and amount as Landlord shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesdeem reasonably necessary.

Appears in 2 contracts

Samples: Lease (Plures Technologies, Inc./De), Lease (CMSF Corp)

Repairs and Maintenance. The Landlord does not warrant either expressly or impliedly the condition or fitness of the Premises except as specifically set forth herein. Landlord shall maintain, repair and replace, if necessary, the structural portions of the roof and the exterior walls of the Premises, as well as all common areas of the Property and all building standard electrical, mechanical and plumbing systems servicing the Premises, as more fully set forth herein; however, the costs and expenses thereof shall be subject to recapture as an Operating Expense pursuant to Section 4(b). Notwithstanding the aforesaid, in the event any such maintenance or repairs are caused by the negligence of Tenant or Tenant’s employees, agents, invitees or contractors, Tenant shall reimburse to Landlord, as Additional Rent, the cost of all such maintenance and repairs within fifteen (a15) take good care days after receipt of Landlord’s statement. Tenant shall have the affirmative duty to periodically inspect the Premises, and to notify Landlord of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary need for any repairs and replacements whenever which are the need results from the Tenant's act obligation of neglect or the neglect Landlord hereunder. Upon receipt of Tenant’s family membersnotice, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount period of time to make such repairs or maintenance; however, it is expressly understood and agreed that Landlord shall not be liable for any property damage sustained by Tenant, or anyone claiming under Tenant, due to Landlord’s inability, delay or negligence in making such repairs, and Landlord’s liability with respect to such repairs or maintenance shall be limited to the cost of such repairs or maintenance. Tenant, at Tenant’s sole cost and expense, shall clean, maintain, preserve, repair and replace, as necessary, all portions of the Premises which are not expressly the responsibility of Landlord including, but not limited to, all wall coverings, floor coverings, window treatments and any other interior finish installed by or for the benefit of Tenant; all electrical, mechanical and plumbing systems and fixtures servicing the Premises which are custom or above building standard; all signs, locks, alarms, security devices, telecommunications equipment, doors, hardware, all plate and other glass, and all of Tenant’s personal property and fixtures (including any interior finish constructed by Landlord or Tenant within the Premises). In the event Tenant should fail to perform any maintenance or repairs required of Tenant under this Lease in a prompt and good workmanlike manner after Landlord’s written demand, Landlord shall have the right, but not the obligation, to perform such maintenance and repairs, whereupon Tenant shall pay to Landlord, as Additional Rent, all such maintenance and repair costs, plus ten percent (10%), within fifteen (15) days after receipt of Landlord’s statement. All maintenance, repair, and replacement obligations of Tenant under this Section shall be deemed improvements to the Premises and shall be performed by Tenant pursuant to and in accordance with the terms and conditions under Section 9 of this Lease. All materials utilized by Tenant in any maintenance, repairs, construction or replacements under this Lease shall be pre-approved by Landlord, meet minimum municipal code requirements, and be of a quality at least as good as the quality of the materials in place within the Premises, as reasonably determined by Landlord (“Approved Materials”). AH contractors performing any construction, services or other work within the Premises for or on behalf of Tenant shall be responsible for reimbursing pre-approved by Landlord (“Approved Contractors”). Landlord’s approval may include, without limitation, the Landlord for the cost use of union tradesmen and laborers; and in all events, as a prerequisite of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordapproval, Tenant shall be wholly responsible for the payment for any provide Landlord with certificates of insurance of all contractors in a form and content, and with such service companies as Landlord may reasonably approve, naming both Landlord and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesLandlord’s managing agent (if any) as additional insureds.

Appears in 2 contracts

Samples: Office Building Lease (Eargo, Inc.), Office Building Lease (Eargo, Inc.)

Repairs and Maintenance. The 17.01. Tenant shall (a) shall, throughout the Term, take good care of the Apartment Demised Premises, the fixtures and appurtenances therein, and shall not do, suffer, or permit any waste with respect thereto. Tenant shall keep and maintain the Demised Premises including without limitation all equipment building equipment, windows, doors, loading bay doors and fixtures shelters, plumbing and electrical systems, heating, ventilating and air conditioning ("HVAC") systems (whether located in it; (bthe interior of the Demised Premises or on the exterior of the Building) promptly make in a clean and orderly condition. Tenant shall, at Landlord's option, keep and maintain in a clean and orderly condition all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment HVAC systems and any other mechanical or other systems exclusively serving the Demised Premises which are located in whole or in part outside of the building used by Demised Premises (it being understood and agreed that if Landlord shall elect to keep and maintain said systems, then the cost of same shall be included in Operating Expenses). Tenant as shall keep and maintain all exterior components of any windows, doors, loading bay doors and shelters serving the Demised Premises in a clean and safe orderly condition. The phrase "keep and maintain" as possible; and (d) promptly notify used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall not permit or suffer any over-loading of the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount floors of time to make repairsthe Demised Premises. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" all repairs, any such costs shall be considered additional rent; interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Demised Premises, and the Building (eincluding the facilities and systems thereof) shall not attach to, hang from and the Common Areas the need for which arises out of (a) the performance or place anything on the railings existence of the patio Tenant's Work or deck; and ( f alterations, (b) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment installation, use or apartment complex unless approved in writing by a representative operation of the Landlord. If Tenant contracts for any such services without written consent Tenant's Property in the Demised Premises, (c) the moving of the Tenant's Property in or out of the Building, or (d) the act, omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. Upon request by Landlord, Tenant shall furnish Landlord with true and complete copies of maintenance contracts and with copies of all invoices for work performed, confirming Tenant's compliance with its obligations under this Article. In the event Tenant fails to furnish such copies, Landlord shall have the right, at Tenant's cost and expense, to conduct such inspections or surveys as may be wholly required to determine whether or not Tenant is in compliance with this Article and to have any work required of Tenant performed at Tenant's cost and expense. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all sanitary and electrical fixtures and equipment therein. The Tenant shall also arrange for its own cleaning services and rubbish removal, subject to the right of Landlord, at Landlord's option to perform such services and include the cost of such services in Operating Expenses. Tenant shall promptly make all repairs in or to the Demised Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractor(s) designated by Landlord. Any other repairs in or to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant's expense; but Landlord may, at its option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form (including, without limitation, a bond issued by a corporate surety licensed to do business in New Jersey) and amount, as Landlord shall deem necessary to assure the payment for any such service and shall hold the Landlord harmless against any claim made work by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

Appears in 2 contracts

Samples: Lease Agreement (Childrens Place Retail Stores Inc), Lease Modification Agreement (Kasper a S L LTD)

Repairs and Maintenance. The Landlord’s sole obligations shall be repair, replacement and maintenance of the foundation, structural elements, exterior walls, and exterior windows of the Property. At Tenant’s expense, Tenant shall perform all other maintenance and repairs necessary to maintain the improvements in a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including the roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (a) take good care except exterior windows), screens, awnings, locks, keys, weather stripping and thresholds as well as all interior walls, floors, walls, ceilings and floor coverings. Tenant’s responsibility shall also include landscaping; irrigation; the replacement, servicing, repair and maintenance of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of Property, including the Landlord. If Tenant contracts heating, ventilation, and air conditioning systems and changing filters for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantsystems. Tenant shall also repair and be responsible for returning the apartment back damage caused by stoppage, breakage, leakage, overflow, discharge or freezing of plumbing pipes, soil lines or fixtures. If any part of the improvements is damaged by Tenant, or Tenant’s employees, agents, or invitees or any breaking and entering of said improvements, Tenant shall provide Landlord with immediate written notification of all damage to the Property. After notification and approval by Landlord, repairs shall be made promptly at Tenant’s expense so as to restore said improvement to its original previous condition. If Tenant refuses or neglects to commence the necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of emergency), Landlord may (but shall not be required to) make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s stock, business, equipment, or else fixtures by reason thereof, and if Landlord makes such repairs, Tenant shall be pay to Landlord, on demand, as Additional Rent, the cost thereof. Tenant’s failure to pay shall constitute a default under this Lease. Tenant’s failure to give, or unreasonable delay in giving, notice of needed repairs or defects shall make Tenant liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesany loss or damage resulting from delay or needed repairs.

Appears in 2 contracts

Samples: Viemed Healthcare, Inc., Viemed Healthcare, Inc.

Repairs and Maintenance. The By taking possession of the Premises, Tenant shall (a) take be deemed to have accepted the Premises as being in good care sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Apartment and all equipment and fixtures Tenant excepted. Unless specifically provided in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersan addendum to this Lease, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the exterior walls and roof of the building, the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or mission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable amount cost of time to make such maintenance and repairs. Tenant shall be responsible for reimbursing the give Landlord for the cost written notice of any required repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) or maintenance. Landlord shall not attach to, hang from be liable for any failure to repair or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the Apartment responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or apartment complex unless approved in writing by a representative interference with Tenant's business arising from the making of any repairs, alterations or improvements to any portion of the Landlord. If Tenant contracts for any such services without written consent of building or the LandlordPremises or to fixtures, Tenant shall be wholly responsible for the payment for any such service appurtenances and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantequipment therein. Tenant shall also be responsible for returning waives the apartment back right to its original conditionmake repairs at Landlord's expense under any law, statute or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Lease Agreement (Intellicorp Inc), Lease Agreement (Verisity LTD)

Repairs and Maintenance. The Tenant Sublessee, at its sole cost and expense, shall (a) take good care of keep the Apartment Demised Premises, including the Fixtures and Miscellaneous Personal Property, in a clean, neat and orderly condition at all equipment times, including cleaning, janitorial and fixtures in it; (b) promptly trash compaction and pickup. Further, Sublessee shall, at its own expense, make all necessary repairs to the Demised Premises, including the Fixtures and replacements whenever Miscellaneous Personal Property, other than the need results from repairs that American is responsible for as provided below, so as to maintain the Tenant's act of neglect or Demised Premises, including the neglect of Tenant’s family membersFixtures and Miscellaneous Personal Property, guestsin good order and condition, visitors or contractors (if consented to by Landlord); (c) keep the Apartment reasonable wear and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairtear excepted. Landlord shall have a reasonable amount of time to make repairs. Tenant Sublessee shall be responsible for reimbursing replacing or refurbishing Fixtures and Miscellaneous Personal Property that is lost, stolen, destroyed or worn out, but shall obtain American's and Landlord's prior written approval prior to such replacement or refurbishment. In the Landlord event that Sublessee fails to make any required repair or replacement or refurbishment within ten (10) days after receiving written notice from American that such repair or replacement or refurbishment is needed, in cases where such repair, replacement or refurbishment is capable of being completed within ten (10) days, or in other cases in the event that Sublessee falls within ten (10) days to commence and thereafter diligently pursue completion of such repair or replacement or refurbishment, American, without being obligated to do so, may make such repairs or replacements or refurbishments and Sublessee shall thereafter promptly reimburse American for all expenses incurred on account thereof. Subject to Section 13 hereof, American shall make all necessary structural repairs to the walls, roof, exterior, plumbing, electrical and HVAC system of the Demised Premises so as to maintain such items in good order and condition, reasonable wear and tear excepted. Other than repairs required due to damage or destruction resulting from fire or other casualty provided for in Section 13, Subtenant shall pay the cost of any repairs such maintenance and repair in accordance with the Common Use Formula as provided in Section 5.A.(ii). In the event that are not "normal wear American fails to commence and tear" repairs, diligently pursue completion of any such costs shall be considered additional rent; (e) shall not attach torequired repair within 60 days after receiving written notice from Sublessee that such repair is needed, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services Sublessee, without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord being obligated to do so after Tenant vacatesso, may make such repairs and American shall thereafter promptly reimburse Sublessee for all expenses incurred on account thereof.

Appears in 1 contract

Samples: Confidential Treatment (Midway Airlines Corp)

Repairs and Maintenance. The Tenant shall (a) take good care Tenant shall, at Tenant’s sole cost and expense, maintain the Premises and all other areas of the Apartment and all equipment and fixtures Project not the obligation of Landlord in it; (bSection 13(b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersbelow, guestsin good, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; condition and (d) promptly notify the Landlord when there are conditions which need repair. Without limiting the generality of the foregoing, subject to Landlord having delivered the Premises to Tenant with the heating, ventilation and air conditioning and utility systems in good and functioning condition on the Commencement Date, Tenant shall have a reasonable amount of time to make repairsbe solely responsible for maintaining and repairing all fixtures, heating, ventilation and air conditioning systems, plumbing, electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises. In addition, Tenant shall be responsible for reimbursing all repairs made necessary by Tenant, its employees, agents, contractors or invitees. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Landlord for the cost of Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs that are not "normal wear and tear" repairsto the Building or to the mechanical, any such costs shall be considered additional rent; (e) shall not attach toelectrical or heating, hang from ventilating or place anything on the railings air conditioning systems of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex Premises, unless such repairs are previously approved in writing by a representative of the Landlord, which shall not be unreasonably withheld. If Tenant contracts fails to perform its obligations under this Section 13(a), Landlord may give Tenant thirty (30) days written notice to do such acts as are reasonably required under this Section 13(a). If Tenant fails to promptly commence such work within such time period and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the “Reference Rate” (formerly, “Prime Rate”) then being charged by the San Francisco main office of Bank of America NT & SA plus two percent (2%) per annum, from the date of such work, but not to exceed the maximum amount then allowed by law. Landlord shall have no liability to Tenant for any such services without written consent damage, inconvenience, or interference with the use of the Landlord, Tenant shall be wholly responsible for Premises by Xxxxxx as the payment for result of performing any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacateswork.

Appears in 1 contract

Samples: Lease Agreement (Serve Robotics Inc. /DE/)

Repairs and Maintenance. The Tenant shall (a) take Except with respect to Landlord Repairs (as defined below) and Landlord Services specified in Section 7 of this Lease, Tenant, at Tenant’s expense, shall keep and maintain the Premises in good care order and condition wear and tear, and Sections 14 and 15 excepted, including promptly making all repairs necessary to keep and maintain such in good order and condition. The term “wear and tear” as used in this Lease does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper use, or by Tenant’s full and timely performance of all its obligations under this Lease. When used in this Lease, “repairs” shall include repairs and any reasonably necessary replacements. To the extent that Tenant requests in writing that Landlord make repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with a fee in the amount of five percent (5%) of such cost. If an Event of Default of a monetary nature has occurred under this Lease and remains uncured, Landlord may elect to require that Tenant prepay the amount of such repair. All repairs made by Landlord or Tenant shall utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the Building and the Premises. If either Tenant or Landlord (at Tenant’s request) installs and/or operates HVAC equipment which is not part of the Apartment HVAC system required to provide the HVAC services specified in Section 7 of this Lease, including without limitation Supplemental Unit(s) (“Tenant’s Supplemental HVAC”) and/or any Alteration other than the Leasehold Improvements, Tenant, at Tenant’s expense, shall maintain Tenant’s Supplemental HVAC and/or such Alteration in a clean and all equipment safe manner and fixtures in it; (b) promptly make all proper operating condition throughout the Term and, with respect to Tenant’s Supplemental HVAC, under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, including inspection and maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 10 days after Tenant’s receipt of Landlord’s written request, Tenant shall provide Landlord with evidence that such contract is in place. All repairs, if any, required to the Building and/or the Project made necessary repairs directly by reason of the installation, maintenance, and replacements whenever the need results from the Tenant's act of neglect or the neglect operation of Tenant’s family membersSupplemental HVAC and Alterations other than the Leasehold Improvements shall be Tenant’s expense. In the event of an emergency, guestssuch as a burst waterline or act of God, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time the right to make repairs. repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but in such case Landlord shall be responsible for reimbursing the provide notice to Tenant as soon as practicable thereafter, and Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not take commercially reasonable steps to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for minimize the costs incurred for the Landlord to do so after Tenant vacatesincurred.

Appears in 1 contract

Samples: Lease (Sailpoint Technologies Holdings, Inc.)

Repairs and Maintenance. The By taking possession of the Premises, Tenant shall (a) take be deemed to have accepted the Premises as being in good care sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Apartment and all equipment and fixtures Tenant excepted. Unless specifically provided in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersan addendum to this Lease, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable amount cost of time to make such maintenance and repairs. Tenant shall be responsible for reimbursing the give Landlord for the cost written notice of any required repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) or maintenance. Landlord shall not attach to, hang from be liable for any failure to repair or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or maintenance to supplemental cooling equipment required for Tenant's special needs are the Apartment responsibility of Tenant. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or apartment complex unless approved in writing by a representative interference with Xxxxxx's business arising from the making of any repairs, alterations or improvements to any portion of the Landlord. If Tenant contracts for any such services without written consent of building or the LandlordPremises or to fixtures, Tenant shall be wholly responsible for the payment for any such service appurtenances and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantequipment therein. Tenant shall also be responsible for returning waives the apartment back right to its original conditionmake repairs at Landlord's expense under any law, statute or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease Agreement (Onsale Inc)

Repairs and Maintenance. The Tenant shall (a) take good care of the Apartment properly use and operate all equipment furniture, furnishings and appliances, electrical, gas and plumbing fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant them as clean and safe sanitary as possible; their condition permits. This includes but is not limited to, replacing the furnace filter when dirty and (dreplacing lightbulbs as needed at tenant's cost. Residents agree that Mavi Unlimited Inc., will conduct routine inspections of the property including photos, notes, and other applicable documentation during the lease duration, typically three months after move-in and bi-annually going forward. These inspections are a requirement to catch any deferred maintenance not reported by the Residents and to ensure compliance with the lease. Pool/Spa/Hot tub - If applicable, tenant agrees to properly maintain any pool/hot tub/spa on or in the property or have it maintained by a professional service. This does not apply to HOA/Community controlled/maintained pools/spas/hot tubs. This maintenance shall be done at the expense of the Tenant Agent. Xxxxxx agrees to be responsible for any damage caused to the above mentioned pool/spa/hot tub, and to adhere to any necessary instructions from a professional pool company, if given. If tenant does not properly follow maintenance instructions, and the pool/spa/hot tub or any of its equipment falls into disrepair, tenant will be liable for the costs associated with repair/ replacement. Excluding ordinary wear and tear, Tenant shall notify Agent and pay for all repairs or replacements caused by Tenant(s) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairsor Tenant’s invitees’ negligence or misuse. Tenant shall not make repairs without prior written consent of Agent. Excessive damage by Xxxxxx, Xxxxxx’s household, or guests to the premises or unsanitary conditions deemed a health risk by Agent shall be grounds for Agent to evict Tenant. As of the date of this agreement, Owner/Agent warrant that the dwelling’s sewage drains are in good working order and that they will accept the normal household waste for which they were intended. The most common tenant caused problems are caused by grease in kitchen sink, long hair in bathroom sinks, showers and tubs and improper use of the toilets. Sewer drains will not accept things such as paper diapers, sanitary napkins, tampons, children’s toys, wads of toilet paper, paper towels, grease, table scraps, or rocks. Tenant agrees to pay the costs for clearing the drains of any and all stoppages unless caused by defective plumbing, tree roots or caused by a problem with the main sewer line, which is attested to by the plumber called in to clear the stoppage. Tenant is responsible for reimbursing keeping the Landlord lawn and landscaping in the condition in which it was received, unless it is deemed not applicable in Section 1.14 of this lease. If after a call from Agent indicated that upkeep needs to improve and nothing is done, Agent has permission to have professional lawn care begin at Tenant’s expense. Tenant agrees to use care when maintaining and cleaning rental unit, including all floors, plumbing fixtures, appliances, etc. Tenants should refrain from using overly abrasive cleaning solutions or cleaning products that may cause permanent damage. Tenant acknowledges that they are responsible for the cost of any repairs damage caused by abrasive cleaning products or cleaning solutions and that are said damage will not "be considered “normal wear and tear" repairs, .” Tenants agree to maintain adequate temperature in the dwelling at all times to prevent the pipes from freezing. Tenant is responsible for insuring hoses are disconnected from outside spigots in below freezing weather to prevent pipes from freezing and cracking. Tenant is also responsible for regulating sprinkler system (if applicable) to ensure no freezing takes place. Tenant is responsible for keeping any such costs shall be considered additional rent; (e) shall not attach to, hang from applicable heat tape plugged in during winter months or place anything on the railings any time of the patio or deck; year when temperature reaches below 40 degrees. If Xxxxxx has questions at any time regarding these matters, they will call Agent for assistance. Agent has installed all necessary smoke detection and ( f ) CO detection devices. It is the tenant’s responsibility to ensure that batteries are being changed and that these devices remain in good working order. Tenant agrees not to install any partition wallstest devices/batteries monthly to ensure proper operation. No outside contractor Tenant understands a $100.00 charge will be added to the ledger for each smoke detector that is authorized to perform any services at removed from the Apartment property. This charge can be added during an inspection or apartment complex unless approved in writing by a representative returning possession of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesunit.

Appears in 1 contract

Samples: www.maviunlimited.com

Repairs and Maintenance. The Tenant Lessor shall (a) take maintain the roof, foundation, exterior walls, floor, parking area, walkways, plumbing, electrical systems, and area landscaping in good care condition and repair at his own expense, including without limitation snow removal, except that Lessee shall repair any damage to such through its business operations of occupancy of the Apartment buildings, reasonable wear and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever tear excluded. Lessee shall maintain the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part balance of the building used by premises and appurtenances, including heating and air conditioning units, in good condition and repair at its expense. Lessor hereby represents and warrants that all heating, ventilation, air conditioning, mechanical, electrical and plumbing systems and equipment in or on the Tenant as clean Leased Premises are in good condition and safe as possible; repair and (d) promptly notify the Landlord when there are conditions which need repairin operable and serviceable condition. Landlord shall have a reasonable amount of time to make repairs. Tenant Lessor shall be responsible for reimbursing all capital expense with regards to the Landlord HVAC units provided Lessee has properly maintained the units during the term of this lease. Lessee is responsible for all normal maintenance expense of the cost HVAC units to include but not limited to service calls, filter changes, lubrication. Lessee acknowledges that the premises are in good order and repair and agrees that on the last day of any repairs that said term or sooner termination of the lease, it will surrender said premises to Lessor in as good condition as they are at the commencement of the term of this lease, reasonable use and wear, damage by fire, act of God or by the elements of other casualty excepted. If Lessee shall fail to keep said premises properly repaired after thirty (30) days of receipt of written notice from Lessor, Lessor may do so but is not "normal wear obligated, and tear" repairs, any the actual costs of such costs repair shall be considered additional rent; paid by Lessee with the next installment of and as rent due hereunder. Lessor shall cooperate reasonably with Lessee to utilize all manufacturers' warranties related to the leasehold improvements in the Leased Premises. When Lessor has an obligation to repair or maintain, Lessor shall maintain, repair or replace such item(s) or area(s) within thirty (e30) days after receipt of written notice from Lessee, unless, due to the nature of such repair, more than thirty (30) days are needed to repair, in which case Lessor shall not attach to, hang from or place anything on begin such repair within thirty (30) days and diligently pursue such repair to completion. If the railings nature of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative repairs requires immediate attention, Lessor shall commence repairs as soon as reasonably possible after notice of the Landlordsame. If Tenant contracts Lessor shall accept facsimile notice for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesrepairs.

Appears in 1 contract

Samples: Ecollege Com

Repairs and Maintenance. The Tenant represents and warrants to Landlord that it has had the opportunity to inspect the Leased Premises prior to the execution of this Lease and that the same are clean and in good repair. Tenant shall keep and maintain the interior and exterior of the Leased Premises in good order, condition and repair including, without limitation, (a) take good care the roof, down spouts, gutters, sidewalks, walls, plate glass of the Apartment windows and all equipment and fixtures in itdoors; (b) promptly make all necessary repairs mechanical, electrical and replacements whenever heating and air conditioning systems (including but not limited to all duct work and transmission conduits), and all plumbing pipes, fixtures and connections both in and under the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord)Leased Premises; (c) keep all interior and exterior repairs of a structural nature or arising out of structural defect, of which plastered surfaces shall be considered a part; (d) the Apartment parking area (which shall include without limitation, keeping such area repaired, clear and any other part free of debris, lighted and striped); (e) the building landscaping on the Leased Premises; (f) all tubes and bulbs used by in lighting in the Tenant as clean and safe as possibleLeased Premises; and (dg) promptly notify all of Tenant's trade fixtures, equipment, furniture and other personal property placed in or about the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount Leased Premises, regardless of time whether or not permanently affixed to make repairsthe Leased Premises. Tenant shall be responsible for reimbursing make all repairs to said improvements when necessary. Tenant shall keep and maintain all portions of the Leased Premises and other improvements in a clean and orderly condition. If Tenant fails to make the repairs required of Tenant herein, or in the event of an emergency, Landlord may, at its option, make the repairs in which event Tenant shall reimburse Landlord for the cost thereof, together with ten percent (10%) of any repairs that are not "normal wear and tear" repairssaid cost for administrative fees, any such costs shall be considered as additional rent; rent hereunder within five (e5) shall not attach to, hang from or place anything on the railings days of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesdemand therefor.

Appears in 1 contract

Samples: Lease Agreement (Palweb Corp)

Repairs and Maintenance. The Tenant shall (a) take good care By taking possession of the Apartment Premises, Tenant shall be deemed to have accepted the Premises as being in good and all equipment sanitary order, condition and fixtures repair, excepting the Punch List Items, any defects (or noncompliance with laws) in it; (b) promptly make all necessary repairs the Premises noted by Tenant in writing to the Landlord during the Warranty Period and replacements whenever latent defects in the need results from the Tenant's act of neglect or the neglect of construction done by Landlord, its agents, employees, contractors, and subcontractors. Tenant shall, at Tenant’s family memberssole cost and expense, guestsmaintain the Premises, visitors or contractors (if consented to by Landlord); (c) keep in good, clean and first-class condition and repair. Without limiting the Apartment and any other part generality of the foregoing, Tenant shall be solely responsible for maintaining and repairing all fixtures, non-building standard electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises using the same quality of materials as used by in the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairoriginal construction. Landlord shall have a reasonable amount of time to make repairs. In addition, Tenant shall be responsible for reimbursing all repairs made necessary by Tenant or Tenant’s invitees. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Project outside of the Premises, unless such repair or maintenance is required due to acts of Tenant, its agents, employees, contractors and subcontractors. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord for shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the cost of Premises or which exclusively serves the Premises (collectively, “Cabling”), except in the event that such would be required due to Landlord’s negligent acts or omissions. Tenant shall, at Tenant’s expense, contract with Pacific Xxxx or another reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs that are not "normal wear and tear" repairsto the Building or to the mechanical, any such costs shall be considered additional rent; (e) shall not attach toelectrical or heating, hang from ventilating or place anything on the railings air conditioning systems of the patio Premises or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex Building, unless such repairs are previously approved in writing by a representative Landlord. Tenant waives the provisions of 1931(1), 1941 and 1942 of the Landlord. If Tenant contracts for California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such services without written consent of repairs from the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesRent due under this Lease.

Appears in 1 contract

Samples: Lease Agreement (eHealth, Inc.)

Repairs and Maintenance. The Tenant shall (a) take good care Agents will attend to day to day minor repairs and maintenance of the Apartment Property and all equipment its contents. In the event of major repairs, the Agents will endeavour to consult with and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results take instruction from the Tenant's act of neglect Landlord. The Landlord agrees to carry out or the neglect of Tenant’s family members, guests, visitors give instruction to carry out repairs or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have maintenance within a reasonable amount period of time – normally 5 working days. In the event of an emergency or when the Agents consider it necessary, we will act in order to make repairsprotect the Landlords interest without consultation. Tenant shall The Landlord will be responsible for reimbursing the Landlord for the cost of any repairs or maintenance carried out by the Agents, or their appointed contractors. The Landlord acknowledges that any contractor instructed by the Agents (except direct employees) are independent contractors and the Agents cannot "normal wear and tear" repairsaccept any liability for defective works carried out by such independent contractor nor do the Agents warrant or guarantee any works carried out. The Landlord agrees that if repair or maintenance is required, any the Agents will only contact the Landlord should the repair or replacement exceed the sum of £150 including VAT (per job). The Landlord hereby agrees that the Agents will retain the sum of £150 from the first month’s rent to be retained by the Agents as a float to carry out such costs shall be considered additional rent; (e) shall not attach tonecessary repairs or cleaning to the Property. Notwithstanding the keeping of a float, hang from or place anything on if there are insufficient funds in the railings of Landlord’s account the patio or deck; and ( f ) Tenant agrees Agents reserve the right not to install instruct any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of works until sufficient funds are received from the Landlord. If Tenant contracts for any such services without written consent In the event that the sums held by way of the Landlorda float are expended (whether in whole or part), Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against hereby agrees that the Agents can deduct the required sums to replenish the float from any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionsubsequent rental payments, or else shall be liable to failing which, the Landlord for will provide the costs incurred for the Landlord Agents with replacement funds within 7days of a request to do so after Tenant vacatesso. The Landlord also hereby agrees that the Agents will retain any interest earned by the holding of such a float.

Appears in 1 contract

Samples: Management Service Agreement

Repairs and Maintenance. The Tenant shall (a) take It is your responsibility to ensure that your home is maintained in a clean condition and good care state of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be You should ensure that all repairs for which you are responsible for reimbursing are carried out without delay and to a satisfactory standard. You must repair to the Landlord for satisfaction of PMVT or bear the cost of repairing any repairs that are not "normal wear fixture or fitting if it is found to have occurred as mis-use, neglect or damage considering the age, character and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings life expectancy of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlordsame. If Tenant contracts for a fixture or fitting have been damaged accidentally or through neglect or carelessness by you or any such services without written consent member of your household or guest/visitor to the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant dwelling it shall also be deemed the responsibility of the tenant to bear the cost of the repair. If your home has a garden or balcony, you must keep it in good condition and free from waste or litter. • Gully traps must be kept clean and clear. • Grass must be cut regularly in season. • You shall not plant trees or shrubs which may cause damage to your home or neighbouring properties. • You must trim all xxxxxx and trees seasonally. You must make use of any arrangements made by PMVT or Management Company for the removal of refuse and you shall not allow any accumulation of refuse in or around your dwelling. Where arrangements for refuse disposal are not provided, you shall make provision for its disposal and pay all costs incurred. You are responsible for returning maintaining your own furniture, appliances and other fixtures and fittings. You are also responsible for maintaining any furniture or appliances that have been “gifted” (provided) to you in a leased dwelling. You must report to PMVT all defects and necessary repairs which are not your responsibility as soon as that you become aware of them. A full list of repair responsibilities is set out in the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesschedule on Pages 27-32.

Appears in 1 contract

Samples: Tenancy Agreement

Repairs and Maintenance. The It is the responsibility of the Tenant to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Apartment including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheet rock or siding, or any leaks. If Xxxxxx fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall (a) take good care be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), his/her agents or invitees, which repairs shall be made at the sole cost of the Tenant. Such repairs shall be made to conform to the original condition of the Apartment at the time the Tenant took possession. Although the Landlord repairs normal wear and all equipment tear items, the adage “you broke it you fix it” applies to the Tenant(s) and fixtures in it; it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant calls for maintenance for which no such maintenance is needed (b) promptly make all necessary repairs false call), Tenant will be charged for the service call. Any repairs, including labor, material and replacements whenever parts used, which are the need results from responsibility of the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used must be pre-approved in writing by the Tenant Landlord. Landlord shall be the sole judge as clean and safe as possible; and (d) promptly notify the Landlord when there to what repairs are conditions which need repairnecessary. Landlord shall have a reasonable amount no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant, where the defective condition complained of time was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant, or where the Tenant unreasonably fails to make repairsnotify the Landlord of the condition or allow the Landlord access to the Apartment for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant must be current in rent. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) all broken glass. Tenant shall not attach topaint, hang from re-wallpaper or place anything on the railings of the patio otherwise redecorate or deck; and ( f ) Tenant agrees not make alterations to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative surrounding areas without the written consent of the Landlord. If Tenant contracts for any such services without written consent is given, such alterations shall be at the expense of the Tenant and shall become part of the premises and the Owner’s property upon termination of this lease and tenancy. Tenant shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said premises. In case the Apartment or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Apartment or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Apartment unfit for human habitation, the rent shall cease until such time as the Apartment will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction, and from thenceforth this Lease Agreement shall cease and come to an end. In the event the damage is caused by the act of the Tenant, or someone in the Apartment or on the premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant shall be wholly responsible liable for all costs or repair. Should Landlord notify Tenant of intent to clean, replace carpets or paint the payment for any such service Apartment, moving furniture and wall hangings shall hold be the Landlord harmless against any claim made by a contractor who performs any such service at the request duty and expense of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionunderstands that he/she will not receive any rent reductions, adjustments, or else other compensation due to repairs or interruptions of service except as provided by law. U. Entry, Inspection and Signs: Tenant shall be liable not withhold consent to the Landlord for to enter the costs incurred for Apartment in order to inspect the Landlord Apartment, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or show the Apartment or any part of the Premises to do so after Tenant vacates.prospective or actual purchasers, mortgagees, Tenants, workmen or contractors. Forty-eight

Appears in 1 contract

Samples: Pomeroy Court Apartments Lease Agreement

Repairs and Maintenance. The Landlord agrees that it will maintain and keep the following in good condition and repair during the Term: (i) the parking area described in Section 6, (ii) the landscaping located on the Parcel, (iii) the Building in which the Premises are located, excluding interior painting, carpeting, lighting fixtures, fixtures brought into the Premises by Tenant, and any damage or repair to the plumbing or electrical systems caused by Tenant shall or its employees or guests. Tenant must make any repairs or replacements necessitated by damage caused by the Tenant or its employees, agents, invitees, or visitors. If Tenant fails to make any repairs or replacements caused by it or its employees, agents, invitees or visitors promptly, Landlord may, at its sole option, make the repairs or replacements after at least thirty (a30) take good care days prior written notice to Tenant. Tenant must reimburse Landlord the reasonable cost of the Apartment and all equipment and fixtures in it; repairs or replacements within ten (b10) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect days of Tenant’s family membersreceipt of Landlord’s invoice. If the damage is caused by an insurable event under the insurance required by Section 20 of this Lease, gueststhe provisions of Section 20(D) are applicable and the provisions of this section are not. Landlord is not responsible for repainting the interior of the Premises or for replacement of the carpeting unless repainting or replacement is made necessary by the act or negligence of Landlord or its agents, visitors employees, servants, contractors, or contractors (if consented to subcontractors, or by Landlord); (c) keep the Apartment and breach of any other part obligation of Landlord under this Lease. If Landlord fails to commence and diligently pursue the building used by above maintenance and repair work within thirty (30) days after the date that Tenant as clean gives written notice to Landlord that a specific repair or maintenance work is needed, and safe as possible; and (d) promptly notify describing the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. work, Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are may, but is not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach obligated to, hang from make or place anything on cause the railings repair or maintenance work to be done or performed for Landlord at Landlord’s sole expense, and Landlord agrees to reimburse Tenant upon demand any actual out-of-pocket expense incurred by Tenant in its performance of the patio or deck; Landlord’s duties that is due and ( f payable within ten (10) Tenant agrees not days after delivery of an invoice to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent notifies Landlord that there is an emergency situation within the Premises, Landlord must promptly commence the work or cause others to commence the work required to cure or eliminate the emergency. For the purposes of this Lease, the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back term “emergency” means that immediate danger to its original condition, life or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesproperty exists.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. The 15.01 Tenant shall maintain the Demised Premises (aincluding Tenant's equipment, personal property and trade fixtures located in the Demised Premises) take good care of in their condition at the Apartment time they were delivered to Tenant, reasonable wear and all equipment tear excepted, except for damage by casualty which Tenant is not required to restore hereunder. Tenant shall, at Tenant's sole cost and fixtures in it; (b) promptly expense, make all necessary interior non-structural repairs to the Demised Premises as and replacements whenever when needed to preserve the need results Demised Premises in good condition and working order, damage from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repaircasualty excepted. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing operating, maintaining, and repairing the Building including, but not limited to, maintenance, repairs and replacements including all structural and non-structural repairs; maintenance, repair and replacement of all Building systems including, but not limited to, electrical and plumbing; all roof repairs and replacement (including snow removal from the roof, if required, and any roof drainage systems); maintenance, repairs and replacement of the parking areas, driveways and sidewalks; maintenance of the Land and grounds; and ice and snow removal. Tenant shall pay as Additional Rent under the terms set forth in Article 5 of this Lease Tenant's Proportionate Share of all costs incurred by Landlord for the cost maintenance and repairs set forth in the preceding sentence. Except if required by the negligence or other fault of any repairs that are not "normal wear Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or other glass in or about the Demised Premises and tear" shall be responsible for all repairs, any such costs maintenance and replacement of interior doors and wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be considered additional rent; (e) shall not attach to, hang from performed by contractors or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless subcontractors approved in writing by a representative Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld or delayed. To the best of Landlord's knowledge, the HVAC, electrical and plumbing systems and components serving the Demised Premises shall be in good working order as of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesCommencement Date.

Appears in 1 contract

Samples: Lease (Treasure Mountain Holdings Inc)

Repairs and Maintenance. The Tenant shall (a) take good care Throughout the Term of the Apartment and all equipment Lease, the Lessee shall maintain the Demised Premises and fixtures and equipment therein in it; (b) promptly make all necessary good condition and repair, reasonable wear and tear excepted, and shall not permit or suffer any waste or injury thereto. All such repairs and replacements whenever shall be in quality and class equal to the need results from original work and materials. Lessor is responsible for the Tenant's act maintenance of neglect or the neglect structural elements of Tenant’s family membersthe Building, guestsincluding without limitation, visitors or contractors the roof, roofing system, footings, foundations, load-bearing walls, sprinklers and the on-site septic system (if consented subject to by Landlord); (c) keep the Apartment and any other same being part of the building Operating Expenses in accordance with Paragraph 8 of this Lease), and Lessee for the maintenance and repairs of all other non-structural elements and systems, including without limitation HVAC, plumbing, interior and exterior electricity facilities, doors and windows. When used in this Paragraph the term "repairs" shall include all necessary replacements, renewals, alterations, additions and betterments of a non-structural character. All repairs made by the Tenant Lessee shall be at least equal in quality and class to the original work. Upon the expiration of the Term of the Lease or sooner termination, the Lessee shall surrender the Demised Premises to the Lessor in the same condition as clean received (including without limitation, removing the Lessee's racking systems and safe repairing all walls and floors affected by such racking systems to the reasonable satisfaction of the Lessor), ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. If Lessee desires services by Lessor's maintenance personnel, such will be performed on a work order basis only. Lessor shall promptly after receipt of written notice from Lessee perform all maintenance and make all repairs to the Demises Premises, which by the provisions hereof are the responsibility of the Lessor and diligently prosecute same until completed. Lessor shall not be considered in default so long as possible; Lessor, within ten (10) days after receipt of notice from Lessee, commences to cure the breach in a diligent and prudent manner and diligently proceeds to completion of same and is allowed such additional time as reasonably necessary to cure the breach. In the event that Lessor shall fail to do or complete any such maintenance or repairs in the time periods permitted above, the Lessee may make such repairs in a commercially reasonable manner and at market rates and upon completion of same Lessee shall furnish Lessor with written invoices relative to such repairs in form and detail reasonably satisfactory to the Lessor, and furnish Lessor with copies of receipted bills, copies of checks and such other documentation as may be reasonably requested by Lessor. Lessor shall reimburse Lessee for such amounts within thirty (d30) promptly days after receipt of said documentation. If, in the reasonable opinion of the Lessee, repairs, restoration or replacements are of an emergency nature, that is, necessary for the preservation of Lessee's property in the Demised Premises and/or the vital Building systems of the Demised Premises or the safety or health of occupants of the Demised Premises (hereinafter referred to an "Emergency Situation") and by the provisions hereof are the responsibility of the Lessor, the Lessee shall make reasonable efforts to notify the Landlord when there are conditions which need repairLessor and thereafter, may make such repairs in a commercially reasonable manner and at market rates and upon completion of same, Lessee shall furnish Lessor with copies of receipted bills, copies of checks and such other documentation as may be reasonably requested by Lessor. Landlord Lessor shall have a reasonable reimburse Lessee for such amount within thirty (30) days after receipt of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesdocumentation.

Appears in 1 contract

Samples: Lease Agreement (Daisytek International Corporation /De/)

Repairs and Maintenance. The Tenant shall (a) take TENANT will, at TENANT's sole cost and expense, keep the Demised Premises in good care repair and tenantable condition during the term of this Lease. The repair and maintenance of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part whole of the building used Demised Premises, including without limitation, the nonstructural interior portions of the Demised Premises; including storefronts, windows, doors, floor covering, plumbing, ventilation, heating and air conditioning systems, shall be the sole responsibility of the TENANT at the TENANT's expense. The TENANT shall at its own cost and expense, enter into an annual contract for regularly scheduled preventive maintenance and repair, with a licensed maintenance contractor approved by the LANDLORD, for servicing and repair of all heating and air conditioning systems and equipment serving the Premises. Not later than thirty (30) days following the commencement of this Lease and annually thereafter, TENANT shall furnish to LANDLORD a copy of the air conditioning maintenance contract described above and proof that the annual premium for the maintenance has been paid. Provided, if the Tenant as clean and safe as possible; and (d) promptly notify enters into the Landlord when there are conditions which need repair. above referenced contract, Landlord shall have replace any existing compressors that will not function. The service contract must include all services suggested by the equipment manufacturer. The maintenance contractor shall keep a detailed record of all services performed on the Premises and prepare a yearly service report to be furnished to the TENANT and the LANDLORD at the end of each calendar year. The LANDLORD may, but shall not be required to, upon notice to the TENANT, elect to enter into such maintenance/service contract on behalf of the TENANT or perform the work itself, and in either case, charge TENANT therefore, together with a reasonable amount charge of time overhead. The LANDLORD agrees to make repairs. Tenant shall be responsible for reimbursing repair and maintain in good order and condition the Landlord for roof, roof drains, exterior walls, parking lots, landscaping, exterior lighting and the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings structural integrity of the patio or deck; interior and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative exterior of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises.

Appears in 1 contract

Samples: Industrial Lease Agreement (Rexall Sundown Inc)

Repairs and Maintenance. The Tenant (A) Landlord’s Obligations. Landlord, at its expense (subject to reimbursement to the extent set forth in Section 4), shall maintain and repair in good working order, condition and repair and, where necessary, replace the following: (ai) take good care the footings, foundation, floor slab, sub-grade below floor slab and structural components (defined as the steel, floor slab, foundations, load-bearing interior and exterior walls, joists, steel frames and columnar supports) of the Apartment and all equipment and fixtures in itBuilding, including the Premises; (bii) promptly make all necessary repairs utility lines outside stub locations within the Premises but serving the Premises, including plumbing mains and replacements whenever electrical panels, conduits and connections serving the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord)Premises; (ciii) keep the Apartment roof membrane, flashing, gutters, and any other part downspouts of the building used by the Tenant as clean and safe as possibleBuilding; and (div) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount roof structure of time to make repairs. the Building; provided that Tenant shall be responsible for reimbursing the reimburse Landlord in full for the cost of any repairs that are performed by Landlord if caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors, invitees and licensees (subject to Section 12(D)). In addition, Landlord, at its expense (subject to reimbursement as provided under Section 4), will maintain the Common Areas and landscaping in good repair and condition and in accordance with all Laws. Landlord shall use reasonable efforts to minimize interference with Tenant's conduct of business in connection with Landlord's performance of any work described in this Section 9(A). Tenant will notify Landlord promptly of any defective condition known to Tenant which Landlord is obligated to repair. Landlord shall undertake such necessary repairs and shall complete same as soon as reasonably practicable, unless such repair cannot "normal wear be completed within thirty (30) days, in which event Landlord shall not be in breach provided it commences such repair within this thirty (30) day period and tear" thereafter diligently prosecutes same to completion. If Landlord shall fail to perform the required maintenance or fail to make repairs required of it pursuant to this paragraph within the foregoing cure, Tenant may, at its election and without waiving any other remedy it may otherwise have under this Lease or at law or in equity, perform such maintenance or make such repairs on Landlord’s behalf and charge Landlord the costs so incurred by Tenant for same. Except as provided in this Lease, Landlord shall not be obligated to provide any maintenance, repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from replacements or place anything on services to Tenant or the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises.

Appears in 1 contract

Samples: Lease Agreement (Virtuix Holdings Inc.)

Repairs and Maintenance. The Throughout the Term, Tenant, at its sole expense, shall maintain all portions of the Premises in good condition, ordinary wear and tear excepted. Such maintenance shall include, without limitation, the building, parking areas, sidewalks, loading areas, thruways, methods of ingress and egress, electrical, lighting facilities and equipment, and all parkways, fences and signs located on Premises. Tenant will not suffer or permit any waste or neglect and will take such steps as often as may be necessary to keep the building, appurtenances, and other improvements on the Premises in a first-class and modern condition. Tenant shall (a) take good care also repair, replace and be responsible for the damage caused by stoppage, breakage, leakage, overflow, discharge or freezing of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect plumbing pipes, sewer lines or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairfixtures. Landlord shall have a reasonable amount no obligation with respect to maintenance, repair and replacement of time any improvements on the Premises, including, without limitation, repair, replacement and maintenance of the foundation, roofs, structural elements, exterior walls, and exterior windows of any such improvements. If Tenant refuses or neglects to commence the necessary maintenance, repairs or replacements within thirty (30) days after the written demand by Landlord (other than in the case of emergency), Landlord may (but shall not be required to) make such maintenance, repairs or replacements without liability to Tenant for any loss or damage that may accrue to Tenant's stock, business, equipment, or fixtures by reason thereof, and if Landlord makes such maintenance, repairs or replacements, Tenant shall pay to Landlord, on demand, as Additional Rent, the cost thereof, plus interest at the rate set forth in Subsection 34(f) from the date Landlord pays for any such repairs. Tenant shall be responsible for reimbursing the Landlord shall, at its cost, contract with a service company (which Landlord, at its option, may reasonably designate or approve) for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings quarterly maintenance of the patio or deck; heating, ventilating and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at air conditioning equipment serving the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the TenantPremises. Tenant shall also furnish a copy of the service contract to Landlord within ten (10) days after opening for business, and a copy of any subsequent contracts from time to time during the Term. Tenant shall, at its cost, retain a licensed, bonded professional pest and termite control service (which Landlord, at its option, may reasonably designate or approve) to perform at the minimum annual inspections of the Premises, to keep the same free of infestation by insects, rodents and vermin, and shall promptly cause any corrective or extermination work reasonably recommended by such service to be responsible for returning performed. The Tenant shall provide the apartment back Landlord with a copy of the termite and pest control contract and annual renewals of the contract. Tenant agrees to its original conditioninitiate and carry out a program of regular maintenance and repair of the Premises, including the painting or else shall be liable refinishing of all areas of the interior and exterior thereof, so as to impede, to the Landlord for extent possible, deterioration by ordinary wear and tear and to keep the costs incurred for the Landlord to do so after Tenant vacatessame in attractive condition.

Appears in 1 contract

Samples: Lease (Arotech Corp)

Repairs and Maintenance. The Tenant covenants and agrees, at its expense without reimbursement or contribution by Landlord, to keep and maintain all improvements on the Demised Premises, including, without limitation, the foundations, exterior paint, plumbing system, electrical system, utility lines and connections to the Demised Premises, sprinkler mains, if any, structural systems (including, without limitation, the roof, roof membrane roof covering [including interior ceiling if damaged by leakage] and load-bearing walls and floor slabs and masonry walls) in good condition and repair. In the event the Demised Premises become or are out of repair and not in good condition due to the failure of Tenant to comply with the terms of this Article 7 and if any and all repairs necessary to restore the Demised Premises to a state of good condition and repair are not completed within ten (10) days after Tenant has received written notice of such state of disrepair or if such repairs cannot reasonably be completed within such ten (10) day period and Tenant shall fail to commence such repairs within ten (a10) take good care days after notice and proceed diligently thereafter, then Landlord may either (i) terminate this Lease immediately upon delivery of written notice to Tenant or (ii) prosecute such repairs itself and add the Apartment reasonable cost of such repairs to the next maturing monthly installment of Rent due hereunder. Notwithstanding the foregoing in the case of an emergency, Landlord shall have the right to prosecute immediately any and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented shall deliver contemporaneous notification to by Landlord); (c) keep the Apartment and any other part Tenant of the building used emergency and related repairs and add the reasonable cost of such repairs to the next maturing monthly installment of Rent due hereunder; provided further that if contemporaneous notice is not practicable, as determined by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. in its sole judgment, then Landlord shall have a reasonable amount provide such notice as soon thereafter as reasonably practicable. Upon termination of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts this Lease for any such services without written consent of the Landlordreason, Tenant shall be wholly responsible for return the payment for any such service Demised Premises to Landlord in substantially the same condition it is in on the date hereof, ordinary wear and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatestear excepted.

Appears in 1 contract

Samples: Industrial Lease (MST Enterprises Inc)

Repairs and Maintenance. The Tenant shall (a) take good care Except as otherwise provided elsewhere in this Lease, Tenant shall, at Tenant’s sole cost and expense, repair and maintain (i) the nonstructural portions of the Apartment Premises (including, but not limited to, all fixtures, electrical lighting, ceilings and all equipment flooring coverings, windows, doors, plate glass, skylights, and fixtures in it; (b) promptly make all necessary repairs and replacements whenever interior walls within the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by LandlordPremises); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; : and (dii) promptly notify the Landlord when there are conditions which need repairall Premises Systems (as defined below). Landlord shall have a reasonable amount of time to make repairs. In addition, Tenant shall be responsible for reimbursing all repairs made necessary by negligence or wrongful acts of Tenant or Tenant’s invitees. Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (collectively, “Cabling”). Tenant shall, at Tenant’s expense, contract with any reputable contractor to maintain the Cabling; provided, however, that Landlord may, at Landlord’s option and upon thirty (30) days’ written notice to Tenant, undertake the responsibility for the maintenance of some or all of the Cabling, in which event the cost of such maintenance may be included as an “Operating Expense.” Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs that are not "normal wear and tear" repairsto the Building or to the mechanical, any such costs shall be considered additional rent; (e) shall not attach toelectrical or heating, hang from ventilating or place anything on the railings air conditioning systems of the patio Premises or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex Building, unless such repairs are previously approved in writing by a representative Landlord. Tenant waives the provisions of Sections 1931(1), 1941 and 1942 of the LandlordCalifornia Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs from the Rent due under this Lease. If Tenant contracts for any such services without written consent For purposes of this Lease, the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.term “

Appears in 1 contract

Samples: Lease Agreement (American River Bankshares)

Repairs and Maintenance. The 17.1 Tenant, at its sole cost and expense, shall maintain and keep the Premises, all improvements thereon, and all appurtenances thereto, including sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises, in good condition and in a manner consistent with the Permitted Use. Tenant shall (a) take good care make all repairs, replacements and improvements, including all structural, roof, HVAC, plumbing and electrical repairs, replacements and improvements required, and shall keep the same free and clear from all rubbish, debris, insects, rodents and other vermin and pests. Tenant shall, no later than January 31st of each calendar year during the Term, provide to Landlord a copy of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary budget for maintenance, repairs and replacements whenever at the need results Premises for the preceding calendar year, as well as a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the Premises. During the Term of this Lease, and in addition to the maintenance contracts required by Section 15.2 of the Lease, Tenant, at its sole cost and expense, shall hire a reputable property and building manager with experience in managing first class office and laboratory properties, which shall be subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, to manage the Building and the Project in accordance with the terms of this Lease, including this Article 17. In addition, Tenant shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. All repairs made by Tenant shall be at least equal in quality to the Tenant's act of neglect or the neglect of Tenant’s family membersoriginal work, guestsand shall be made only by a licensed, visitors or contractors (if consented to bonded contractor approved in advance by Landlord); provided, however, that such contractor need not be bonded or approved by Landlord if the non-structural alterations, repairs, additions or improvements to be performed do not exceed Twenty-Five Thousand Dollars (c$25,000) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairin value. Landlord shall have a may impose reasonable amount of time restrictions and requirements with respect to make such repairs. Tenant shall be responsible for reimbursing not take or omit to take any action, the Landlord for taking or omission of which shall cause waste, damage or injury to the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the TenantPremises. Tenant shall also be responsible for returning Indemnify Landlord from and against any and all Claims (as defined below) arising from the apartment back failure of Tenant or Tenant’s Agents to its original condition, or else shall be liable to perform the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.covenants contained in this paragraph. “

Appears in 1 contract

Samples: Lease (PMV Pharmaceuticals, Inc.)

Repairs and Maintenance. The Tenant shall (a) take good care Except as otherwise expressly provided in paragraph 3 and subparagraph 12(b) below, Tenant, at Tenant’s sole cost and expense, shall keep and maintain all portions of the Apartment Premises (including nonstructural, interior portions, systems and equipment) at all equipment times during the term hereof in good order, condition and fixtures in it; repair as a first-class retail/commercial real property development (b) promptly make all necessary repairs including interior repainting and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersrefinishing, guestsas needed), visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing all maintenance to the Landlord for the cost of any repairs that are same. Such repair and maintenance shall include, but not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach limited to, hang all interior utility systems and equipment from the point of connection to the Building, including components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Premises, all exterior and interior doors and door closures, and all plate glass located in the Premises. In addition, Tenant shall, at its expense, obtain from a HVAC service company designated by or place anything reasonably satisfactory to Landlord and maintain during the term of this Lease a quarterly maintenance service contract on the railings HVAC unit that serves the Premises. If any portion of the patio Premises or deck; and ( f ) any system or equipment in or serving the Premises which Tenant agrees is obligated to repair cannot to install any partition walls. No outside contractor is authorized to perform any services at the Apartment be fully repaired or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordrestored, Tenant shall be wholly responsible for the payment for any promptly replace such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request portion of the TenantPremises or system or equipment in or serving the Premises, regardless of whether the benefit of such replacement extends beyond the term of this Lease; but if the benefit or useful life of such replacement extends beyond the term of this Lease (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated such that Tenant shall be liable only for that portion of the cost which is applicable to the term of this Lease (as extended). It is the intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Premises which Tenant is obligated to maintain in an attractive, first-class and fully operative condition. Tenant shall also be responsible pay directly to the vendors all costs incurred by Tenant for returning the apartment back operation and maintenance of the Premises. At the expiration or earlier termination of this Lease, and subject to its original conditionthe provisions of paragraph 12(c) with respect to alterations or improvements to the Premises made by Tenant, or else Tenant shall be liable return the Premises to the Landlord in as good condition as when received, ordinary wear and tear excepted. Notwithstanding the foregoing, Landlord shall assign and transfer all warranties for Tenant’s benefit in the costs incurred for event Tenant is required to promptly replace such portion of the Landlord Premises or system or equipment in or serving the Premises including but not limited to do so after Tenant vacatesall interior utility systems and equipment from the point of connection to the Building, including components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Franklin Financial Network Inc.)

Repairs and Maintenance. The Tenant shall (a) take good care of the Apartment premises and all equipment the appliances and fixtures within and shall maintain them in it; (b) promptly make good order and condition. Landlord may repair, at the expense of Tenant, all necessary repairs and replacements whenever damage or injury to the need results premises, or to the building, caused by Tenant or Tenant's employees, agents, visitors, or licensees, caused by installation or removal of furniture or other property, or resulting from the overflow of water, or any other cause, due to the carelessness, negligence, or improper conduct of Tenant or Tenant's act of neglect or the neglect of Tenant’s family membersemployees, guestsagents, visitors or contractors (if consented licensees. There shall be no allowance to Tenant for a diminution of rental value, and no liability on the part of Landlord for the making of any repairs, alterations, additions, or improvements in, or to any portion of, the building or premises, and no liability on Landlord for failure to make any repairs, alterations, additions, or improvements in, or to any portion of, the building or premises. If service is called to the Premises and Tenant has arranged to be on the premises to meet the repairperson and fails to show, Tenant will be assessed the amount of the service call charged by Landlord); (c) keep the Apartment vendor for the missed appointment. If service is called to the Premises and no problem is found, or the problem found was determined to be caused by the negligence or misuse of the Tenant or their guests, the Tenant will be responsible for the service call and any other repairs. If the premises are located in a condominium, the Landlord and Tenant acknowledge that the maintenance of certain items, including the structural elements and common areas may be performed by the association as part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repaircommon areas maintenance. Landlord shall have a assure that the association complies with applicable building, housing and health codes relating to the premises. If there is no applicable, building, housing or health codes, Landlord shall assure that the association maintains and repairs roofs, porches, windows, exterior walls, foundations, floors, structural components and steps and keep plumbing in reasonable amount working order. ALTERATIONS BY TENANT Tenant may not make any alterations or improvements to the Premises without obtaining Landlord’s prior written consent to the alteration or improvement. However, Tenant may hang pictures and install window treatments in the Premises without Landlord’s consent, provided Tenant removes all such items before the end of time to make repairsthe Lease Term. Tenant shall may be charged for repairs associated with excessive or oversized holes. Installation of satellite dishes, cable/phone jacks, and wall mounted televisions or any other physical alteration to the Premises must be approved in writing prior to the installation. Tenant agrees to accept all responsibility and liability for any potential damages to the Premises due to improper installation and hereby agrees to immediately pay for and/or repair any damages done to the Premises due to installation. All installations and modifications must be performed by an appropriately licensed and insured installer. PEST CONTROL Landlord Tenant is responsible for pest control service to the EXTERIOR of the Premises. Landlord Tenant is responsible for pest control service to the INTERIOR of the Premises. Landlord will be responsible for reimbursing delivering Premises that is free of rats, mice, roaches, ants, bedbugs, wood destroying organisms and similar pests. It is the Landlord Tenant’s responsibility to make reasonable provisions for the cost ongoing extermination of any repairs interior pests unless otherwise stated above. Any interior pest problems that are occur after the initial 45 days of occupancy, including but not "normal wear and tear" repairslimited to bedbugs, any such costs shall ants, roaches, mice, rats or similar pests will be considered additional rent; (e) shall not attach to, hang from or place anything on deemed the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request responsibility of the Tenant. If vacating of the premises is required for the extermination of rats, mice, roaches, ants, wood-destroying organisms and bedbugs, the Landlord shall not be liable for damages but shall xxxxx the rent. The Tenant shall also be responsible required to temporarily vacate the premises for returning the apartment back a period of time not to its original conditionexceed 4 days, or else shall be liable on 7 days' written notice, if necessary, for extermination pursuant to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesthis subparagraph.

Appears in 1 contract

Samples: Residential Lease Agreement

Repairs and Maintenance. The Premises hereby leased are leased to Tenant "AS IS." Landlord shall be under no liability, nor (aexcept as provided in Paragraph 20 below) take good care have any obligation to do any work or make any repairs in or to the Premises, and any work which may be necessary to outfit the Premises for Tenant's occupancy or for the operation of Tenant's business therein is the sole responsibility of Tenant and shall be performed by Tenant at its own cost and expense. Tenant acknowledges that it has fully inspected the Premises prior to the execution of this Lease, and Tenant further acknowledges that Landlord has made no warranties or representations with respect to the condition or state of repairs of the Apartment Premises. Tenant will, during the term of this Lease, keep the Premises and all equipment appurtenances (including window, doors, plumbing, heating and fixtures electrical facilities and installations) in it; (b) promptly good order and repair and will make all necessary repairs to the exterior walls and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part roof of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the TenantPremises. Tenant shall also be responsible maintain any driveways and parking areas designated for returning its exclusive use. Tenant will, at the apartment back to its original expiration of the term of this Lease, or at the sooner termination thereof by forfeiture or otherwise, deliver the Premises in good order and condition, reasonable wear and tear excepted. In the event Tenant shall not proceed promptly and diligently to make any repairs or else shall be liable perform any obligation imposed upon it within forty-eight (48) hours after receiving written notice from Landlord to make such repairs of perform such obligation, then and in such event, Landlord may, at its option, enter the Premises and do and perform the things specified in said notice, without liability on the part of Landlord for the costs any loss or damage resulting from any such action by Landlord and Tenant agrees to pay promptly upon demand any cost or expense incurred for the by Landlord to do so after Tenant vacatesin taking such action.

Appears in 1 contract

Samples: Facility Lease (Primex Technologies Inc)

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Repairs and Maintenance. The Tenant Lessor shall keep or cause to be kept in good operating order and condition (areasonable wear and tear excepted) take good care of and, in a reasonable and timely manner, repair and maintain the Apartment Leased Premises, including but not limited to, the basic plumbing, heating, ventilating, air conditioning, roofing systems, and all equipment electrical systems installed or furnished by Lessor, unless such maintenance and fixtures repairs are caused in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect part or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used in whole by the Tenant as clean act, neglect, fault of or omission of any duty by Lessee, its agents, servants, employees or invitees, in which case Lessee shall pay to Lessor, in addition to the amounts due hereunder, the reasonable cost of such maintenance and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairrepairs. Landlord Lessor shall have a reasonable amount of time not be liable for any failure to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from repairs or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at maintenance unless such failure shall persist for ten (10) working days, or an unreasonable time given the Apartment or apartment complex unless approved in writing by a representative circumstances, after Lessee gives written notice of the Landlordneed of such repairs or maintenance. There shall be no abatement of the amounts due hereunder and no liability of Lessor by reason of any injury to or interference with Lessee’s operations arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises, or in or to fixtures, appurtenances and equipment therein, unless Lessor determines in its reasonable discretion that the Leased Premises are not habitable or useable for the Permitted Use. In the event Lessor declares that the Leased Premises are not useable, in its reasonable discretion and in consultation with Lessee, Lessor shall first have the right to provide alternative space substantially comparable, as determined in the Lessor’s reasonable discretion, to the Leased Premises (the “Alternative Space”). Should Alternative Space be offered to the Lessee, there shall be no abatement of the amounts due hereunder. If Tenant Lessor declares that the Leased Premises are not useable and does not offer Lessee Alternative Space, the amounts due hereunder shall be abated based on the number of days that Lessor determines in its reasonable discretion the Leased Premises are not useable for the Permitted Use. Lessee waives the right to make repairs at Lessor’s expense under any law, statute or ordinance now or hereafter in effect. Lessee shall bear the costs of all maintenance and repairs which are uniquely attributed to its use of the Leased Premises, including but not limited to any repairs or services by the Lessor’s Physical Plant Department beyond what is customary for Physical Plant to provide, as determined by Lessor, and any repairs, maintenance, consulting services or monitoring of the Leased Premises necessary to maintain GMP status or required for the Permitted Use by Lessee (“Specialized Maintenance”) provided by Lessor or by third parties at Lessor’s request. Lessee shall work with Lessor to secure services contracts for any such services without written consent all Specialized Maintenance, in full observance of the LandlordLessor’s procurement policies and rules. The parties acknowledge that this Agreement shall supersede in its entirety that certain Service Level Agreement by and between the University of Louisville Physical Plant Department, Tenant shall be wholly responsible Lessee, and the Institute for Cellular Therapeutics, dated January 1, 2015. So long as Lessee pays the payment for any such service prescribed rent and shall hold the Landlord harmless against any claim made by a contractor who costs of Specialized Maintenance, and performs any such service at the request or observes all of the Tenant. Tenant terms, conditions, covenants, and obligations of this Agreement required to be performed or observed by it hereunder, Lessee shall, at all times during the Term hereof, have the peaceable, quiet and effective enjoyment, possession, occupancy, and use of the Leased Premises and the associated Common Areas without any unreasonable interference from Lessor; provided, however, Lessor shall also be responsible for returning have the apartment back right to its original condition, or else shall be liable to enter the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesLeased Premises in accordance with Section 12 of this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Talaris Therapeutics, Inc.)

Repairs and Maintenance. Notwithstanding anything to the contrary contained herein, the Tenant will keep, maintain and preserve the Premises in a first class condition, normal wear and tear excepted. The Tenant shall (a) take good care at its sole cost and expense will provide janitorial and window washing for the interior of the Apartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersPremises. In addition, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing all utility services for which the Landlord for Tenant is separately metered. When and if needed, at the Tenant's sole cost and expense, the Tenant will make all interior repairs and replacements including but not limited to interior walls, doors and windows, floors, floor coverings, light bulbs, plumbing fixtures, heating/air conditioning systems, hot water systems, and electrical fixtures. Tenant shall also make all repairs and replacements to Tenant's overhead garage and exterior pedestrian doors. The Tenant will also repair and replace at its sole cost and expense any broken windows and/or damage to the building or Premises caused by the negligence of any repairs that are not "normal wear and tear" the Tenant or its employees, agents, guests or invitees during the Lease Term hereof. The above repairs, any such costs shall replacements, and/or services must be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside performed by an approved contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Should Tenant contracts for any fail to perform all interior repairs and replacements to Tenant's Premises such services without written consent repairs may be performed by the Landlord and charged to the Tenant at the Tenant's sole cost and expense. Except as otherwise provided in this Lease, Tenant will comply with all ordinances of the LandlordCity of XXXXX, rules and regulations of the Board of Health and the laws of the State of MINNESOTA. The Tenant shall be wholly is also responsible for the payment for compliance with all laws, rules and regulations of any such service and shall hold governmental authority required of either the Landlord harmless against any claim made by a contractor who performs any such service at or the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable relative to the Landlord for repair, maintenance and replacement in the costs incurred for the Landlord to do so after Tenant vacatesPremises NOTWITHSTANDING ANYTHING TO THE CONTRARY, LANDLORD SHALL BE RESPONSIBLE FOR CUMULATIVE REPAIRS OR REPLACEMENT COSTS OF THE ROOF TOP HVAC UNITS IN EXCESS OF $2,000.00 PER YEAR. IN ADDITION, LANDLORD AT LANDLORD'S COST, SHALL HAVE A THIRD PARTY CONTRACTOR CERTIFY THAT THE HVAC UNITS AND OVERHEAD DOORS SERVICING THE PREMISES ARE IN GOOD WORKING CONDITION UPON THE COMMENCEMENT DATE OF THIS LEASE.

Appears in 1 contract

Samples: Lease Agreement (LSC Inc)

Repairs and Maintenance. The 15.01 Tenant shall maintain the Demised Premises (aincluding Tenant’s equipment, personal property and trade fixtures located in the Demised Premises) take in their condition at the time they were delivered to Tenant, reasonable wear and tear excluded. Tenant shall, at Tenant’s sole cost and expense, make all interior repairs to the Demised Premises as and when needed to preserve the Demised Premises in good care of the Apartment condition and all equipment and fixtures in it; (b) working order, damage from casualty excepted. Tenant, at its expense, shall promptly make all necessary repairs repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and replacements whenever about the need results from Demised Premises and the Tenant's act Building, as shall be required by reason of neglect (i) the performance or the neglect existence of Tenant’s family membersWork or Tenant’s Changes, guests(ii) the installation, visitors use or contractors operation of Tenant’s Property in the Demised Premises, (if consented to by Landlord); (ciii) keep the Apartment and any other part moving of Tenant’s Property in or out of the building used Building, or (iv) the negligence or willful act of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord’s negligence or other fault in the manner of performing any of Tenant’s Work or Tenant’s Changes which may be undertaken by Landlord for Tenant’s account or are otherwise required by reason of negligence or other fault of Landlord or its employees, agents or contractors. Except if required by the Tenant as clean negligence or other fault of Landlord or its employees, agents or contractors, Tenant, at its expense, shall replace all scratched, damaged or other glass in or about the Demised Premises and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing all repairs, maintenance and replacement of interior doors and wall and floor coverings in the Landlord Demised Premises and, for the cost repair and maintenance of any repairs that are not "normal wear and tear" all lighting fixtures therein. All repairs, any such costs except for emergency repairs, made by Tenant as provided herein shall be considered additional rent; (e) shall not attach to, hang from performed by contractors or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless subcontractors approved in writing by a representative Landlord prior to commencement of the Landlord. If Tenant contracts for any such services without written consent of the Landlordrepairs, Tenant which approval shall not be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, unreasonably withheld or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesdelayed.

Appears in 1 contract

Samples: Lease (Boomerang Systems, Inc.)

Repairs and Maintenance. The Tenant Landlord shall (a) take good care maintain, or cause to be maintained, the common areas of the Apartment Building, such as lobbies, elevators, stairs, and all equipment corridors, the roof, foundations, and fixtures in it; (b) promptly make all exterior walls of the Building, and the underground utility and sewer pipes outside the exterior walls of the Building, if any, provided that, to the extent any of such repairs is rendered necessary repairs and replacements whenever by the need results from the Tenant's act of neglect negligence or the neglect willful misconduct of Tenant’s family members, guestsits agents, visitors customers, employees, independent contractors, guests or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordinvitees, Tenant shall be wholly obligated to reimburse Landlord for all costs sustained by Landlord in connection with such repair, as additional rent hereunder, which reimbursement shall be due no later than ten (10) days after Landlord's written demand. Subject to Landlord's right of access pursuant to Article 17, Tenant shall be exclusively responsible for the payment for any such service repairs and shall hold maintenance to the Landlord harmless against any claim made by a contractor who performs any such service at the request interior of the TenantPremises, and Landlord shall be under no obligation to inspect the Premises. Tenant shall also be promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and Landlord shall make commercially reasonable efforts to commence such repair and diligently pursue such to completion. Failure to so report such defects shall make Tenant responsible to Landlord for returning any liability incurred by Landlord by reason of such conditions. Tenant hereby waives the apartment back right to its original conditionmake repairs at Landlord's expense under any other law, statute or else shall be liable ordinance now or hereafter in effect. All expenses incurred by Landlord pursuant to this Article 7 (to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.extent not payable directly by Tenant

Appears in 1 contract

Samples: Lease (Sequoia Software Corp)

Repairs and Maintenance. The Section 7.1 Throughout the Term, Tenant shall (a) covenants and agrees to take good care of the Apartment Demised Premises at its sole cost and expense, including, without limiting the generality of the foregoing, the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems and fixtures and other equipment therein or serving the same and the appurtenances thereto, the structural components and roof and exterior walls of the Building, all grounds, parking lots, facilities, vaults, signs, gutters, sidewalks, curbs and other paved walkways and areas on and adjacent thereto, exterior lighting fixtures, water, sewer, gas and other utility connections, pipes and mains, and all other fixtures, machinery and equipment now or hereafter serving the same, and fixtures Tenant agrees to put, keep and maintain all of the foregoing in it; (b) promptly safe, sound and lawful order and condition, and make all necessary repairs thereto and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family memberstherein, guestsordinary and extraordinary, visitors or contractors (if consented to by Landlord); (c) keep the Apartment foreseen and any other part of the building used by the Tenant unforeseen, as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing necessary to put, keep and maintain the Landlord for same in such safe, sound and lawful order and condition and in compliance with all Governmental Requirements and Insurance Requirements (as such terms are hereinafter defined), and howsoever the cost of any repairs that are necessity or desirability therefor may have occurred, and whether or not "necessitated by normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach toobsolescence or defects, hang from latent or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantotherwise. Tenant shall also be responsible not commit or suffer and shall use all reasonable precaution to prevent waste, damage or injury to the Demised Premises or any part thereof. Tenant shall at all times during the Term, at Tenant's sole cost and expense, contract for returning and maintain regular service of the apartment back heating, ventilating, air conditioning, the sprinklers and any elevators and lifts in the Building and all equipment related thereto with recognized maintenance companies and shall forward to its Landlord duplicate executed original condition, or else copies of all contracts and all renewals and modification thereof. Said contracts shall include the thorough overhauling of said systems at least once each year and shall be liable to kept in full force and effect during the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesTerm by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Strainwise, Inc.)

Repairs and Maintenance. The Tenant Lessee shall maintain Leased Premises including but not limited to the interior walls, ceiling and floor, plumbing system and fixtures, electrical system and fixtures (a) take good care including bulbs and ballasts), all windows, window glass and interior doors; the exterior of the Apartment Leased Premises including but not limited to exterior doors, repairing, painting and/or staining the exterior walls, the gutters and downspouts, all equipment in good condition and fixtures repair, with the work performed in it; (b) promptly make all necessary repairs a quality and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairworkmanlike manner. Landlord shall have a reasonable amount of time to make repairs. Tenant Lessee shall be responsible for reimbursing the Landlord repair and/or replacement of the Heating, Ventilation and Air Conditioning equipment (“HVAC”) servicing the Leased Premises. At all times during the term of this Lease, Lessee shall secure, pay for and maintain a maintenance contract with a licensed HVAC contractor for quarterly maintenance on the HVAC system and shall forward to Lessor a copy of such contract for Lessor’s records. In the event Lessee fails to supply Lessor with such documentation, Lessor may contract for such maintenance and charge to Lessee the cost either directly or in the NNN charges for said maintenance. Lessor’s responsibility to maintain the Leased Premises shall be limited to and include the structural integrity of the Leased Premises including foundations of the Leased Premises, provided however, Lessee shall be responsible to Lessor for all out of pocket expenses incurred by Lessor as a result of fire, damage or other casualty (collectively ‘waste’) to the property which waste is caused by Lessee or Lessee's equipment or signage. Lessee shall be liable for and shall reimburse the Lessor for the cost of any repairs that are not "normal wear and tear" repairsnecessitated by the acts or omissions of Lessee, any such costs shall be considered additional rent; (e) shall not attach tohis agents, hang from employees or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlordinvitees. If Tenant contracts Lessee refuses or neglects to repair or maintain the Leased Premises to the reasonable satisfaction of Lessor as required hereunder, Lessor may make such repairs without liability to Lessee for any loss or damage that may accrue to Lessee's business by reason thereof, and upon completion thereof Lessee shall pay Lessor's costs for making such services without written consent repair upon presentation of a xxxx thereof. Upon the Landlordtermination of this Lease, Tenant Lessee shall be wholly responsible for remove all signage and surrender the payment for any such service and shall hold the Landlord harmless against any claim made by Leased Premises to Lessor in a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original broom clean condition, or else with the HVAC system in good operating condition and repair, and all light bulbs and ballasts in working order. Lessee shall be liable further repair any and all damage to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesLeased Premises resulting from Lessee’s removal of signage and/or other trade fixtures.

Appears in 1 contract

Samples: Lease Agreement

Repairs and Maintenance. The Lease is hereby amended by deleting Xxxxxxxxx 0, Xxxxxxxx X and C and Exhibit B, Paragraph 23, Section C and D in their entirety. Landlord and Tenant hereby agree that it is the intention of the parties that this Lease is an absolute net lease whereby Tenant is responsible for all repairs and maintenance to the Premises, normal wear and tear excepted and subject to the terms and conditions of Paragraph 11 and Exhibit B, Paragraph 23A of the Lease. On or before December 1 of each year during the Term hereof, Tenant shall provide Landlord with a written annual budget for the following calendar year for repairs, maintenance and capital expenditures, copies of all service contracts and a schedule setting forth routine maintenance to be performed on the Premises. On or before the twentieth (a20th) take good care day following the end of each calendar quarter during the Term hereof, Tenant shall provide Landlord with a report describing in reasonable detail the maintenance and repairs to the Premises and the costs and expenses incurred therefor for the preceding calendar quarter, reconciled against the annual budget. Should Landlord fail to respond within ten (10) days following the receipt of written request for approval, Landlord shall be deemed to have approved any such maintenance contractor(s). The service contract(s) must include all services suggested by the manufacturer within the operation/maintenance manual which are necessary and customary for the proper maintenance and operation of the Apartment systems and all equipment and fixtures in it; must become effective (band a copy of all such contracts thereof delivered to Landlord) promptly make all necessary repairs within thirty (30) days of the date Tenant receives such notification by Landlord of Landlord's exercise of its rights pursuant to this section J. Landlord reserves the right, and replacements whenever Tenant agrees to allow Landlord access to the need results from the Premises during Tenant's act normal business hours to inspect the Premises for any purpose. Should Tenant not properly repair or maintain the Premises in good condition and repair, normal wear and tear excepted and subject to the terms and conditions of neglect Paragraph 11 and Exhibit B, Paragraph 23A of the Lease, and should such failure to maintain or repair continue for a period of fifteen (15) days after written notice thereof by Landlord to Tenant, Landlord may enter the neglect Premises and perform such maintenance or repair on behalf of Tenant’s family members, guestsexcept that no notice shall be required in case of emergency. Notwithstanding the foregoing, visitors Landlord shall not enter the Premises to perform any maintenance or contractors repairs on behalf of Tenant if the repairs are of a nature and type that cannot be reasonably repaired within said fifteen (if consented 15) day period and Tenant has commenced to make such repairs within said fifteen (15) day period and diligently completes such repairs within a reasonable period of time. Tenant shall reimburse Landlord for all reasonable costs incurred in performing such maintenance or repair within thirty (30) days following Tenant's receipt of paid invoices evidencing costs incurred by Landlord in connection therewith. In addition, should Tenant default in Tenant's obligations to repair and maintain the Premises under this Lease and such default continues for a period of fifteen (15) days following Tenant's receipt of written notice thereof from Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. , then Landlord shall have the right to cause Tenant, at Tenant's sole cost and expense, to enter into regularly scheduled preventative maintenance/service contracts with a reasonable amount of time to make repairs. Tenant shall be responsible third-party contractor or contractors for reimbursing servicing all heating and air conditioning systems and other equipment in the Landlord Premises and for the cost of any repairs that are not "normal wear and tear" repairsPremises itself. Any such maintenance contractor(s) must be approved by Landlord in writing, any such costs shall be considered additional rent; (e) which approval shall not attach tobe unreasonably withheld or delayed notwithstanding the foregoing, hang from or place anything on the railings Landlord shall not cause Tenant to enter into preventative maintenance/service contracts if Tenant's default under this section is of the patio or deck; a nature and ( f type that cannot reasonably be cured within said fifteen (15) day period and Tenant agrees not has commenced to install any partition walls. No outside contractor cure such default within said fifteen (15) day period and diligently pursues such curative measures thereafter until such default is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatescured.

Appears in 1 contract

Samples: Lease Agreement (Mentor Corp /Mn/)

Repairs and Maintenance. The Tenant Except as otherwise provided in this Article, Tenant, at its sole cost and expense, shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order and condition, including all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on the Demised Properties), in a neat and clean condition, and ensuring that debris from the operation of each restaurant on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. Without limitation, (a) take good care of the Apartment and all equipment and fixtures no Repairs shall result in it; any structural damage to any Demised Properties or any injury to any persons, (b) promptly make all necessary repairs Tenant shall ensure that the quality of materials and replacements whenever workmanship of any Repairs meets or exceeds the quality of materials and workmanship of the Improvements prior to the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord)for such Repairs; (c) keep all Repairs shall fully comply with applicable Law, the Apartment requirements of any covenants, conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised Property, and any other part of the building used applicable repair standards and requirements promulgated by the Tenant as clean and safe as possible; and for its (dor its subsidiaries’ or Affiliates’ or franchisees’) promptly notify the Landlord when there are conditions which need repairproperties. Landlord shall have a reasonable amount no duty whatsoever to maintain, replace, upgrade, or repair any portion of time the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground storage tanks, and Tenant hereby expressly waives the right to make repairsRepairs at the expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.05 , if Tenant fails or neglects to commence and diligently proceed with all Repairs or fulfill its other obligations as set forth above within fifteen (15) days after receipt of written notice of the need therefor describing the applicable Repair or other obligation, then Landlord or its agents may enter the Demised Properties for the purpose of making such Repairs or fulfilling those obligations. All costs and expenses incurred by Landlord as a consequence of such Landlord’s actions, plus an administrative charge of fifteen percent (15%) of such costs and expenses, shall be responsible for reimbursing the due to Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; from Tenant within ten (e10) shall not attach to, hang days after written demand from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.MASTER LAND AND BUILDING LEASE

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Morgans Foods Inc)

Repairs and Maintenance. The Tenant shall (a) take good care at its own cost and expense keep and maintain all parts of the Apartment Premises and all equipment and fixtures such portion of the Development within the exclusive control of Tenant in it; (b) good condition, promptly make making all necessary repairs and replacements whenever replacements, whether ordinary or extraordinary, with materials and workmanship of the need results same character, kind and quality as the original, including but not limited to, windows, glass and plate glass, doors, any special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems, electrical systems and fixtures, sprinkler systems, water heaters, dock boards, truck doors, dock bumpers, and plumbing work and fixtures. Tenant as part of its obligation hereunder shall keep the whole of the Premises in a clean and sanitary condition. Tenant will as far as possible keep all such parts of the Premises from deteriorating, ordinary wear and tear excepted, and from falling temporarily out of repair, and upon termination of this Lease in any way, Tenant will yield up the Premises to Landlord in good condition and repair, loss by fire or other casualty covered by insurance to be secured pursuant to Section 13.01 excepted. Tenant shall, at its own cost and expense, as additional rent, pay for the repair of any damage to the Premises, the Building or the Development resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, servants, employees, patrons, customers, or any other person entering upon the Development as a result of Tenant's business activities or caused by Tenant's default hereunder. Landlord agrees to use its best efforts to have all system warranties received from the general contractor of subcontractors issued in the name of Landlord and Tenant, provided, however, that Tenant shall only have rights under the system warranties during the rental term including any extended term. If a system warranty cannot be issued in the joint name of Landlord and Tenant, then Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented obligation to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have replace a reasonable amount of time to make repairs. Tenant system shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable limited to the Landlord for extent not covered under the costs incurred for the Landlord to do so after Tenant vacatessystem warranty.

Appears in 1 contract

Samples: Lease Agreement (Exult Inc)

Repairs and Maintenance. The Tenant shall (a) take good care Landlord will, at its own cost and expense, except as may be provided elsewhere herein, make necessary repairs of damage to the Building corridors, lobby, structural members of the Apartment Building, and all equipment and fixtures used to provide the Building Standard services referred to in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect Item 8, unless any such damage is caused by acts or the neglect omissions of Tenant’s family members, guestsits agents customers, visitors employees, principals, contractors, consultants, assigns, subtenants or contractors invitees, in which event Tenant will bear the cost of such repairs. Tenant will allow no maintenance or repairs to be done in, on, to or about the Premises other than by a licensed contractor (if consented such term to include all degrees and levels of subcontractors) approved by Landlord); (c) keep the Apartment and Landlord in writing prior to any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairsuch maintenance or repairs being undertaken. Landlord shall have a reasonable amount of time be entitled to make repairsrequire such contractor to be bonded and insured in such amounts and with such companies as Landlord may in its discretion prescribe. Tenant shall will not injure the Premises or the Building but will maintain the Premises in a clean, attractive, condition and in good repair, except as to damage to be responsible for reimbursing repaired by Landlord as provided above. Upon termination of this Lease, Tenant will surrender and deliver the Premises to Landlord for in the cost same condition in which they existed at the commencement of any repairs that are not "normal this Lease, excepting only ordinary wear and tear" repairstear and damage arising from any cause not required to be repaired by Tenant, any such costs shall be considered additional rent; (e) or Landlord approved alterations and improvements. This Item 12 shall not attach to, hang from apply in the case of damage or place anything destruction by fire or other casualty which is covered by insurance maintained by Landlord on the railings of the patio Building (as to which Item 15 hereof shall apply) or deck; and ( f ) Tenant agrees not damage resulting from an Eminent Domain taking (as to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant which Item 17 hereof shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesapply).

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Repairs and Maintenance. The Tenant Except repairs, replacements or maintenance necessitated in any manner by the negligent or intentional acts or omissions of Lessee or its agents, Lessor shall (a) take good care maintain the roof, outside of the Apartment exterior walls, and all equipment foundations, at Lessor’s sole cost and fixtures expense. Except repairs, replacements or maintenance necessitated in it; (b) promptly make all necessary repairs any manner by the negligent or intentional acts or omissions of Lessee or its agents, Lessor shall maintain, subject to reimbursement as part of CAM, the parking areas and replacements whenever walkways, plumbing and electrical systems, and area landscaping in good condition and repair. Lessee shall maintain the need results from balance of the Tenant's Premises and appurtenances, including, but not limited to, heating and air conditioning units, in good condition and repair at its expense. Lessor represents and warrants that, as of the Commencement Date, the HVAC system, roof structure, fire sprinkler system, and structural integrity of the walls and foundation are in good condition and working order. Lessee agrees that on the last day of the Term or sooner termination of the Lease, it will surrender the Premises to Lessor in as good condition as they are as of the Commencement Date, ordinary wear and tear excepted and damage by fire, act of neglect God or by the neglect elements of Tenant’s family members, guests, visitors or contractors (if consented other casualty excepted to the extent such Lessor is reimbursed by Landlord); (c) insurance for such loss. If Lessee shall fail to keep the Apartment Premises properly repaired, Lessor may do so (but is not obligated), and any other part the cost of such repair shall be paid by Lessee with the building used by the Tenant next installment of and as clean Rent due hereunder. Lessor shall cooperate reasonably with Lessee to utilize all manufacturers’ and safe as possible; and (dconstruction warranties, if any, related to Lessor’s Work. When Lessor has an obligation to repair, Lessor shall repair such item(s) promptly notify the Landlord when there are conditions which need repair. Landlord shall have or area(s) within a commercially reasonable amount of time after receipt of written notice from Lessee, unless due to make repairsthe nature of such repair, more than thirty days are needed to repair in which case Lessor shall begin such repair within thirty days and diligently pursue such repair to completion. Tenant Notwithstanding anything to the contrary in the Lease, Lessor shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized have no obligation to perform any services at work on or about the Apartment Business Park or apartment complex unless approved in writing Premises other than that for which Lessor is obligated by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service Lease and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesthat which is as specifically set forth herein.

Appears in 1 contract

Samples: Lease (Lumenis LTD)

Repairs and Maintenance. The Tenant shall (a) take Lessee covenants and agrees to keep and maintain in good care order, condition and repair the interior and exterior of the Apartment Premises, including all structures, the roof, the playground, and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever other improvements, during the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part Term of the building used by the Tenant as clean Lease, and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord further agrees that Lessor shall have a reasonable amount of time be under no obligation to make repairsany repairs or perform any maintenance to the Premises. Tenant Lessee covenants and agrees that it shall be responsible for reimbursing all repairs, alterations, replacements, or maintenance of, including but without limitation, interior and exterior portions of all doors, door checks and operators, windows, plate glass, plumbing, water and sewage facilities, fixtures, electrical equipment, interior walls, ceilings, signs, interior building appliances and similar equipment, heating and air conditioning equipment, and further agrees to be replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the Landlord parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. Lessee, for itself, its successors, assignees, sublessee customers, and invitees hereby irrevocably waives any implied warranty of habitability or fitness for any purpose by Lessor or any other implied warranty by Lessor whatsoever as to the Premises. If after written notice and a 90 day cure period (except in the event of emergencies), Lessee refuses or neglects to commence or complete repairs promptly and adequately, Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor upon demand as additional rent under this Lease. It is understood that Lessee shall pay all expenses and maintenance and repair during the Term of any this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs that are and improvements to the Premises without the consent of Lessor if such repairs and improvements do not "normal wear and tear" repairs, any exceed $50,000 provided such costs shall be considered additional rent; (e) shall repairs or improvements do not attach to, hang from or place anything on affect the railings structural integrity of the patio Premises. Any repairs or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at improvements in excess of $50,000 or affecting the Apartment or apartment complex unless approved in writing by a representative structural integrity of the Landlord. If Tenant contracts for any such services without Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld. All alterations and additions to the Landlord, Tenant Premises shall be wholly responsible made in accordance with all applicable laws and shall remain for the payment for any benefit of Lessor. Lessee further agrees, in the event of making such service alterations as herein provided, to indemnify and shall hold save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Landlord harmless against any claim made by a contractor who performs any such service at Premises arising out of or resulting from the request undertaking or making of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionsaid repairs, improvements, alterations or additions, or else shall be liable Lessee's failure to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesmake said repairs, improvements, alterations or additions.

Appears in 1 contract

Samples: Net Lease Agreement (Aei Real Estate Fund 85-a LTD Partnership)

Repairs and Maintenance. The Tenant shall (a) take good care Landlord shall at its expense and not as an Operating Expense, repair and maintain the foundation and structural portions of the Apartment Building. Landlord shall, as an Operating Expense (except as excluded herein), repair and all equipment maintain the exterior roof, the nonstructural components of the exterior walls of the Building and fixtures the improvements within the Common Areas including without limitation any sidewalks, landscaping (including but not limited to irrigation systems and backflow prevention devices), parking areas, fences and signs (other than Tenant’s signs). Subject to the waivers set forth in it; (b) promptly make all necessary Paragraph 15, to the extent any such maintenance and repairs and replacements whenever are caused in part or in whole by the need results from the Tenant's act of act, neglect or the neglect omission of any duty by Tenant or Tenant’s family membersemployees, guestsagents, visitors contractors or contractors invitees, then Tenant shall pay to Landlord, as Additional Rent, the entire cost of such maintenance and repairs. Landlord shall not, however, be obligated to paint the interior surface of exterior walls, ceiling or doors, nor shall Landlord be required to maintain, repair or replace interior doors, interior glass, skylights (if consented to by Landlord); (cany) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairor plate glass. Landlord shall have no obligation to make repairs under this Paragraph 10.1(a) until a reasonable amount time after receipt of time written notice of the need for such repairs (or verbal notice in the event of an emergency). Landlord shall maintain, repair or patch the roof membrane as an Operating Expense, and Tenant shall pay Tenant’s Share of the cost thereof, pursuant to Paragraph 4.2 above. Landlord shall have no obligation to alter, remodel, improve, decorate or paint the Premises or any part thereof, except as expressly provide in Exhibit C. Subject to Paragraphs 13(b) and 25.19 and other express provisions of this Lease, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building, the Premises or parking areas or in or to fixtures, appurtenances and equipment therein. Landlord shall use commercially reasonable efforts to coordinate such work with Tenant and perform such work in such a manner as to reasonably minimize the disruption of Tenant’s use of the Premises. Tenant expressly waives the benefits of any statute (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs. Tenant shall be responsible for reimbursing the Landlord for repairs at Landlord’s expense (or to deduct the cost of any such repairs from rent due hereunder) or to terminate this Lease, except as expressly provided in this Lease. Notwithstanding the foregoing, in the event Landlord materially defaults in its obligation to repair or maintain the Building or the Premises as required, then Tenant may effect said repair or maintenance and deduct from rent an amount not to exceed the lesser of $75,000 or the reasonable and verifiable costs of said repair or maintenance, provided that are (A) not "normal wear and tear" repairsless than thirty (30) days (or such shorter time as reasonably required in the event of a repair or maintenance problem that materially impacts Tenant’s operations within the Premises) prior to effecting such repair or maintenance, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings Tenant delivers to Landlord written notice of the patio need for such repair or deck; maintenance and ( f of Tenant’s intention to effect such repair or maintenance, and (B) Tenant agrees not within thirty (30) days following Tenant’s notice (or such shorter time as reasonably required in the event of a repair or maintenance problem that materially impacts Tenant’s operations within the Premises), Landlord fails to install any partition walls. No outside contractor is authorized effect such repair or maintenance or, if such repair or maintenance requires longer than thirty (30) days to perform any services at the Apartment complete, Landlord has failed to take reasonable and diligent steps to effect such repair or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any maintenance and to proceed to pursue such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back repair or maintenance to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatescompletion.

Appears in 1 contract

Samples: Lease (Calix Networks Inc)

Repairs and Maintenance. The Tenant Lessor shall (a) take maintain the roof, foundation , exterior walls, floor, parking area, walkways, plumbing, electrical systems, and area landscaping in good care condition and repair at his own expense, including without limitation snow removal, except that Lessee shall repair any damage to such through its business operations of occupancy of the Apartment buildings, reasonable wear and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever tear excluded. Lessee shall maintain the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part balance of the building used by premises and appurtenances, including heating and air conditioning units, in good condition and repair at its expense. Lessor hereby represents and warrants that all heating, ventilation, air conditioning, mechanical, electrical and plumbing systems and equipment in or on the Tenant as clean Leased Premises are in good condition and safe as possible; repair and (d) promptly notify the Landlord when there are conditions which need repairin operable and serviceable condition. Landlord shall have a reasonable amount of time to make repairs. Tenant Lessor shall be responsible for reimbursing all capital expense with regards to the Landlord HVAC units provided Lessee has properly maintained the units during the term of this lease. Lessee is responsible for all normal maintenance expense of the cost HVAC units to include but not limited to service calls, filter changes, lubrication. Lessee acknowledges that the premises are in good order and repair and agrees that on the last day of any repairs that said term or sooner termination of the lease, it will surrender said premises to Lessor in as good condition as they are at the commencement of the term of this lease, reasonable use and wear, damage by fire, act of God or by the elements of other casualty excepted. If Lessee shall fail to keep said premises properly repaired after thirty (30) days of receipt of written notice from Lessor, Lessor may do so but is not "normal wear obligated, and tear" repairs, any the actual costs of such costs repair shall be considered additional rent; paid by Lessee with the next installment of and as rent due hereunder. Lessor shall cooperate reasonably with Lessee to utilize all manufacturers’ warranties related to the leasehold improvements in the Leased Premises . When Lessor has an obligation to repair or maintain, Lessor shall maintain, repair or replace such item(s) or area(s) within thirty (e30) days after receipt of written notice from Lessee, unless, due to the nature of such repair, more than thirty (30) days are needed to repair, in which case Lessor shall not attach to, hang from or place anything on begin such repair within thirty (30) days and diligently pursue such repair to completion. . If the railings nature of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative repairs requires immediate attention, Lessor shall commence repairs as soon as reasonably possible after notice of the Landlordsame. If Tenant contracts Lessor shall accept facsimile notice for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesrepairs.

Appears in 1 contract

Samples: Lease (Ecollege Com)

Repairs and Maintenance. The 15.01 Subject to the provisions of Sections 15.02 and Articles 22 and 23 of this lease, Tenant shall (a) take good care of the Apartment and all equipment and fixtures in it; (b) Demised Premises. Tenant, at its expense, shall promptly make all necessary repairs repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and replacements whenever about the need results from Demised Premises and the Building, as shall be required by reason of (i) the performance or existence of Tenant's act Work or Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any of Tenant's Work or Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Except if required by the neglect or other fault of Landlord or its employees, agents or contractors, Tenant’s family members, guestsat its expense, visitors shall repair or contractors (if consented to by Landlord); (c) keep replace all scratched, damaged or broken doors or other interior glass in or about the Apartment Demised Premises and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing all repairs, maintenance and replacement of wall and floor coverings in the Landlord Demised Premises and, for the cost repair and maintenance of any repairs that are not "normal wear and tear" all lighting fixtures therein. All repairs, any such costs except for emergency repairs, made by Tenant as provided herein shall be considered additional rent; (e) shall not attach to, hang from performed by contractors or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless subcontractors approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld or delayed. In the event that Landlord fails to respond to Tenant within ten (10) business days with respect to a representative request for approval of the Landlord. If Tenant contracts for any such services without written consent of the Landlorda contractor or subcontractor, Tenant shall be wholly responsible for send to Landlord a notice (hereinafter referred to as the payment for any such service and "Additional Notice") which shall hold the state that unless Landlord harmless against any claim made by a contractor who performs any such service at responds to the request for approval of such contractor or subcontractor within ten (10) days after receipt of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionAdditional Notice, Landlord's approval of such contractor or else subcontractor shall be liable deemed granted and, in the event Landlord fails to the respond to such Additional Notice within ten (10) days of receipt thereof, Landlord for the costs incurred for the Landlord will be deemed to do so after Tenant vacateshave approved such contractor or subcontractor.

Appears in 1 contract

Samples: Atalanta Sosnoff Capital Corp /De/

Repairs and Maintenance. The Tenant Notwithstanding any other terms or conditions of this Agreement, Resident expressly agrees that Resident (and the applicable Guarantor) shall be liable to Owner or its assignee (aincluding, without limitation, Owner’s hazard insurer) take good care for any fire, water, or other damage to the real or personal property of Owner negligently or intentionally caused by Resident, or any guests thereof (collectively, "Authorized Occupants"). If the Premises shall be rendered un-tenantable by the negligent or intentional acts of any Authorized Occupant, Resident shall continue to be liable for Rent in the amount provided in this Agreement. Owner shall make required repairs and maintenance to heating and air conditioning equipment and to appliances furnished for Resident’s use without charge to Resident, unless such repairs or maintenance are necessary because of the Apartment negligent or intentional act or omission of any Authorized Occupant, in which case Resident shall bear the costs of such maintenance and repairs. Resident will maintain the Premises and all equipment equipment, fixtures and fixtures property furnished by Owner for Resident’s use throughout the lease term in it; (b) promptly make good condition and repair and will allow no waste of any utilities provided by Owner. Resident shall pay the expense of replacing cracked or broken window glass in the Premises and for broken or lost keys. Resident shall keep the window glass clean at all necessary repairs times and replacements whenever will not install additional window coverings without the need results from prior written consent of Owner. Any, and all damages or costs of repair owed by Resident pursuant to this Agreement will include the Tenant's act of neglect actual costs to repair or the neglect of Tenant’s family membersreplace damaged property and, guests, visitors or contractors (if consented applicable), Owner’s loss of rental income. Subject to the foregoing, if the Premises is partially damaged by Landlord)fire or other casualty but can be restored to tenantable condition, Owner shall repair the Premises with reasonable dispatch. Resident’s obligation to pay Rent shall be suspended only during such time as the Premises are un-tenantable; provided, however, that if the Premises are entirely destroyed by fire or other casualty such that the Premises cannot be restored to tenantable condition within a reasonable time, either party shall have the right to terminate this Agreement by written notice to the other party. Owner shall have no liability for any incidental or consequential loss or expense incurred by Resident during the period of any repair to the Premises hereunder, including (cwithout limitation) keep the Apartment costs of temporary substitute housing. This Agreement shall not be affected, and there shall be no diminution or abatement of Rent and no constructive eviction shall be claimed or allowed because of the interruption or curtailment of any service (including, but not limited to heating, air conditioning, internet service, or cable service) or utilities or any inconvenience or discomfort arising from repairs or improvements made in the Premises or to any other part of the building used by of which the Tenant as clean Premises is a part (the “Building”), or to the common areas or facilities serving or ancillary to the Building, provided the Premises is habitable and safe as possible; Owner makes necessary repairs and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have improvements within a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatestime.

Appears in 1 contract

Samples: Residential Lease Agreement

Repairs and Maintenance. The Tenant shall (a) take good care of the Apartment premises and all equipment the appliances and fixtures within and shall maintain them in it; (b) promptly make good order and condition. Landlord may repair, at the expense of Tenant, all necessary repairs and replacements whenever damage or injury to the need results premises, or to the building, caused by Tenant or Tenant's employees, agents, visitors, or licensees, caused by installation or removal of furniture or other property, or resulting from the overflow of water, or any other cause, due to the carelessness, negligence, or improper conduct of Tenant or Tenant's act of neglect or the neglect of Tenant’s family membersemployees, guestsagents, visitors or contractors (if consented licensees. There shall be no allowance to Tenant for a diminution of rental value, and no liability on the part of Landlord for the making of any repairs, alterations, additions, or improvements in, or to any portion of, the building or premises, and no liability on Landlord for failure to make any repairs, alterations, additions, or improvements in, or to any portion of, the building or premises. If service is called to the Premises and Tenant has arranged to be on the premises to meet the repairperson and fails to show, Tenant will be assessed the amount of the service call charged by Landlord); (c) keep the Apartment vendor for the missed appointment. If service is called to the Premises and no problem is found, or the problem found was determined to be caused by the negligence or misuse of the Tenant or their guests, the Tenant will be responsible for the service call and any other repairs. If the premises are located in a condominium, the Landlord and Tenant acknowledge that the maintenance of certain items, including the structural elements and common areas may be performed by the association as part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repaircommon areas maintenance. Landlord shall have a assure that the association complies with applicable building, housing and health codes relating to the premises. If there is no applicable, building, housing or health codes, Landlord shall assure that the association maintains and repairs roofs, porches, windows, exterior walls, foundations, floors, structural components and steps and keep plumbing in reasonable amount working order. ALTERATIONS BY TENANT Tenant may not make any alterations or improvements to the Premises without obtaining Landlord’s prior written consent to the alteration or improvement. However, Tenant may hang pictures and install window treatments in the Premises without Landlord’s consent, provided Tenant removes all such items before the end of time to make repairsthe Lease Term. Tenant shall may be charged for repairs associated with excessive or oversized holes. Installation of satellite dishes, cable/phone jacks, and wall mounted televisions or any other physical alteration to the Premises must be approved in writing prior to the installation. Tenant agrees to accept all responsibility and liability for any potential damages to the Premises due to improper installation and hereby agrees to immediately pay for and/or repair any damages done to the Premises due to installation. All installations and modifications must be performed by an appropriately licensed and insured installer. PEST CONTROL Landlord will be responsible for reimbursing delivering Premises that is free of rats, mice, roaches, ants, bedbugs, wood destroying organisms and similar pests. However, it is the Landlord Tenant’s responsibility to make reasonable provisions for the cost ongoing extermination of any repairs interior pests. Any interior pest problems that are occur after the initial 45 days of occupancy, including but not "normal wear and tear" repairslimited to bedbugs, any such costs shall ants, roaches, mice, rats or similar pests will be considered additional rent; (e) shall not attach to, hang from or place anything on deemed the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request responsibility of the Tenant. If vacating of the premises is required for the extermination of rats, mice, roaches, ants, wood-destroying organisms and bedbugs, the Landlord shall not be liable for damages but shall xxxxx the rent. The Tenant shall also be responsible required to temporarily vacate the premises for returning the apartment back a period of time not to its original conditionexceed 4 days, or else shall be liable on 7 days' written notice, if necessary, for extermination pursuant to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesthis subparagraph.

Appears in 1 contract

Samples: Residential Lease Agreement

Repairs and Maintenance. If you see a leaking tap, damage or any other problem on the allotment site, please report it to the Clerk (01525 717791). BURNING RUBBISH Although bonfires are not illegal, they may create a `statutory nuisance' under the Environmental Protection Act 1990. Therefore please ensure that if you should burn rubbish, the wind is in the right direction so that the smoke does not inconvenience neighbours. RIGHT OF ENTRY Councillors and others employed by the Council have the right to enter the allotment site to inspect and carry out maintenance work etc without notice. The Tenant shall (a) take good care allotments may be inspected to ensure that the terms of the Apartment tenancy agreement are being adhered to. There are no rights of way through the allotment site, however, the Council currently allows members of the public to use a permissive path through the allotment site. PLOT SHARING Plots and half plots can be rented by one person and will be in that person's name. Sub-letting is not allowed and there should be no formal agreements to share plots. GIVING UP YOUR PLOT If you decide that you no longer want your plot, you need to inform the Clerk in writing, giving as much notice as possible even if it is a few months away. We will note the date you wish to finish and your agreement will end on the on that date,. The Parish Council will make every effort to have your plot taken over as soon as possible so that it does not become overgrown. However, the Parish Council is unable to refund any rent for the remainder of the year. CARING FOR YOUR ALLOTMENT The main requirement of your agreement is to keep your plot tidy by removing rubbish and weeding regularly so that weed seeds do not cause a problem to other gardeners. If you are not cultivating all equipment of your plot, you can strim/mow the uncultivated area or cover part of it with polythene sheeting or old hessian backed carpet to keep the weeds down. You are required to maintain the inside of the xxxxxx adjacent to your plot unless your agreement specifies otherwise, Should your plot become overgrown, you will be asked to take action to rectify the problem within 2 weeks. If the work is not carried out, the Council will do the work and fixtures in it; bill the Tenant accordingly. SHEDS AND GREENHOUSES Written permission, including details and positioning for a shed (bmaximum 7' x 5' base dimensions) promptly make all necessary repairs and replacements whenever the need results must be obtained from the Tenant's act of neglect Clerk. Greenhouses (Perspex or PVC. Maximum 7' x 5') also require written permission and both should be placed within the neglect of Tenant’s family members, guests, visitors or contractors (if consented plot and boundary. The shed/greenhouse must be maintained in good order at all times. NB It is not permissible to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairsfull sized shed and greenhouse on a half or smaller plot and compromise should be sought from the Clerk. The Tenant shall be responsible for reimbursing the Landlord shed/greenhouse for which its maintenance would be at his own risk, cost and liability, with no responsibility whatsoever to the Parish Council. It is the Tenant's responsibility to arrange for the cost removal of any repairs that are his shed/greenhouse before the date of vacation. DISPOSAL OF YOUR RUBBISH You must make your own arrangements to dispose of your rubbish. Green waste can be made into compost but other waste, which is not "normal wear suitable for burning, must be removed from the site. The nearest household waste site is the Tidy Tip at Ampthill. BRINGING COMPOST / MANURE ON TO THE SITE Gardeners may bring green waste such as grass and tear" repairs, any such costs shall hedge clippings on to their plot for making into compost for their own use and arrange for manure to be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesdelivered.

Appears in 1 contract

Samples: pulloxhillparishcouncil.gov.uk

Repairs and Maintenance. The 15.01 Tenant shall (a) take good care of the Apartment Demised Premises. Tenant shall promptly, at its sole cost and expense, make all nonstructural repairs to the Demised Premises and the fixtures, equipment and appurtenances therein, including all Building systems and equipment therein to the extent same exclusively serve the Demised Premises or which have been installed or materially modified in any way by or on behalf of Tenant, as and when needed to preserve the Demised Premises (and all such fixtures, equipment and fixtures appurtenances) in it; (b) good working order and condition, except for reasonable wear and tear. In addition, but subject to the provisions of Section 11.03 above, Tenant, at its expense, shall promptly make all necessary repairs repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and replacements whenever about the need results from Demised Premises and the Building, as shall be required by reason of (i) the performance or existence of Tenant's Work or Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, (iv) the negligence or willful act of neglect Tenant or the neglect any of Tenant’s family membersits employees, guests, visitors agents or contractors or (if consented to by Landlord); (cv) keep the Apartment and use of any other part portion of the building used Demised Premises for a use that is not permitted under this lease. Notwithstanding the foregoing, to the extent that Tenant is obligated to perform any structural repairs to any portion of the Demised Premises or other portion of the Building (including the Terrace Area (as defined in Article 41 below) or is obligated to perform any repairs outside of the Demised Premises, Landlord, at its election, may perform such repairs on Tenant's behalf, in which event, Tenant shall reimburse Landlord for the actual costs paid or incurred by Landlord to perform such repairs within fifteen (15) days after Landlord's request therefor, which request shall be accompanied by a reasonably detailed description of the repairs in question and the costs thereof. Except if required by the Tenant as clean negligence or other fault of Landlord or its employees, agents or contractors, but subject to the provisions of Section 11.03 above and safe as possible; Landlord's obligation to perform the Window Work, Tenant, at its expense, shall replace all materially damaged glass in or about the Demised Premises and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing all repairs, maintenance and replacement of interior doors and wall and floor coverings in the Landlord Demised Premises and, for the cost repair and maintenance of any all lighting fixtures therein. All repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing made by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any made in accordance with Article 13 of this lease, as if such service and shall hold the Landlord harmless against any claim made by repairs were a contractor who performs any Change, subject to Landlord's right to make such service at the request repairs on behalf of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesas more particularly provided above.

Appears in 1 contract

Samples: Lease (About Com Inc)

Repairs and Maintenance. The Tenant At Landlord's expense except to the extent provided in Section 2.2.5, Landlord shall (a) take good care maintain the exterior of the Apartment Building, together with all landscaping and parking area adjacent to the Building, and all equipment common areas of the Property in good order (including snow removal) and fixtures in itrepair; (b) promptly make all necessary structural repairs (including all subsurface repairs) to the Building, including but not limited to, all repairs to the foundation, roof, leaks in the balconies, structural components, exterior walls, and replacements whenever common area doors and windows; make all repairs (including all subsurface repairs) and maintenance to electric wiring, risers, plumbing, heating, air-conditioning (HVAC) and all other building system serving the need results from Premises to the extent such repair and maintenance is not the result of or caused by (i) misuse of the Premises by the Tenant's act , or (ii) any leasehold improvements constructed by Tenant; and shall take such action as may be required, and in the absence of neglect a specific governmental directive as Landlord deems appropriate, to comply with applicable state and municipal laws or requirements of any public body or authority having jurisdiction over the neglect of Tenant’s family membersPremises, guests, visitors or contractors to the extent such violations are not caused by (if consented to by Landlord); (ci) keep the Apartment and any other part misuses of the building used Premises by the Tenant, or (ii) the leasehold improvements constructed by Tenant. Landlord shall replace, repair and maintain the HVAC System and the various components of the HVAC system serving the Premises and Building. Provided that the Tenant improvements constructed by Tenant are designed and built to meet the performance specifications in Exhibit F, Landlord shall operate the HVAC system so as clean to provide comfortable temperature and safe as possible; humidity for normal office usage in the Premises and (d) promptly notify building at a level consistent with first class suburban office buildings in the Landlord when there are conditions which need repairsuburban Boston area. Landlord shall have a reasonable amount no liability to Tenant for damage caused by leaks existing on the date hereof unless and until such leaks reappear after the same have been repaired. Tenant shall promptly notify Landlord of time the necessity of any repairs to make repairsthe Premises which Tenant may have knowledge and for which Landlord may be responsible under the provisions of this paragraph. Tenant shall reasonably endeavor to notify Landlord of any conditions in the Building (outside the Premises) and Lot of which it has knowledge requiring Landlord attention. Tenant shall be responsible for reimbursing the Landlord for the cost operation, maintenance and repair of any repairs that are not "normal wear and tear" repairsspecial or supplemental HVAC system or special or supplemental electrical, any such costs shall be considered additional rent; (e) shall not attach to, hang from plumbing or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionheating system, or else shall be liable to portion thereof, installed by or for Tenant which serves the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesPremises exclusively.

Appears in 1 contract

Samples: Lease Agreement (Phoenix Technologies LTD)

Repairs and Maintenance. The Tenant shall (a) take good care Landlord shall, as an Operating Expense (except as excluded herein), repair and maintain the exterior roof, exterior walls, foundations and structural portions of the Apartment Building and all equipment the Project and fixtures the improvements within the Common Areas and the building standard plumbing, heating, ventilating, air conditioning, and electrical systems serving the Building and the Project, and any sidewalks, landscaping (including but not limited to irrigation systems and backflow prevention devices), Parking Areas, fences and signs located in it; (b) promptly make all necessary the areas which are adjacent to the Building. Subject to the waivers set forth in Paragraph 15, to the extent any such maintenance and repairs and replacements whenever are caused in part or in whole by the need results from the act, neglect or omission of any duty by Tenant or Tenant's act employees, agents, contractors or invitees, then Tenant shall pay to Landlord, as Additional Rent, the entire cost of neglect such maintenance and repairs. Landlord shall not, however, be obligated to paint the interior surface of exterior walls, ceiling or the neglect of Tenant’s family membersdoors, guestsnor shall Landlord be required to maintain, visitors repair or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairreplace windows, doors, skylights or plate glass. Landlord shall have no obligation to make repairs under this Paragraph 10.1(a) until a reasonable amount time after receipt of time written notice of the need for such repairs. Landlord shall maintain, repair or patch the roof membrane as an Operating Expense, and Tenant shall pay Tenant's Share of the cost thereof, pursuant to Paragraph 4.2 above. Except for Landlord's obligations with respect to the condition of the Premises upon delivery of the Premises to Tenant, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Unless otherwise provided herein, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building, the Premises or parking areas or in or to fixtures, appurtenances and equipment therein provided that all such work is done in such a manner as to reasonably minimize the disruption of Tenant's business ("Conditions of Entry"). Tenant expressly waives the benefits of any statute (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs. Tenant shall be responsible for reimbursing the Landlord for repairs at Landlord's expense (or to deduct the cost of any such repairs that are not "normal wear from rent due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesrepair.

Appears in 1 contract

Samples: Lease (Healthy Planet Products Inc)

Repairs and Maintenance. The Tenant Subject to Master Lessor's obligations under Article VI of the Master Lease, Sublessee shall during the term and at Sublessee's sole cost and expense keep the Sublease Premises in as good order, condition and repair as they were at the time Sublessee took possession of the Sublease Premises, reasonable wear and tear and damage from time and other casualties excepted. Sublessee shall keep the Sublease Premises in a neat and sanitary condition and shall not (a) take good care of commit any nuisance or waste on the Apartment and all equipment and fixtures in it; Sublease Premises, or in, on, or about the Building, (b) promptly make all necessary repairs and replacements whenever dispose of sweepings, rubbish, rags, coffee grounds or other similar substances in the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersplumbing facilities, guests, visitors or contractors (if consented to by Landlord); nor (c) waste any utilities provided by Master Lessor. In addition, Sublessee shall, at Sublessee's sole expense, immediately repair any damage to the Sublease Premises or Building caused by Sublessee, Sublessee's agents, employees, licensees, invitees and visitors. All maintenance, repairs and replacement by Sublessee hereunder shall be undertaken in accordance with, and shall be governed by, the requirements of Section 11 above. Sublessor shall use its best efforts to cause Master Lessor to comply with its obligations under Article VII of the Master Lease. Sublessee acknowledges that other than the Improvements, Sublessor is under no duty to make any repairs or improvements to the Sublease Premises. Sublessee hereby waives the benefit of any statute or principle of law or equity, now or hereinafter in effect, which would afford Sublessee the right to make repairs at Sublessor's expense or to terminate this Sublease because of Sublessor's failure to keep the Apartment Sublease Premises in good order, condition and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacates.

Appears in 1 contract

Samples: Sublease Agreement (Grease Monkey Holding Corp)

Repairs and Maintenance. The 8.01. Except as expressly provided in Section 6.03 and except as set forth in Section 8.03, Tenant shall shall, at its own cost and expense (aunless and to the extent necessitated by acts or omissions of Landlord occurring after the Commencement Date), (i) take good care keep and maintain the Property in at least the same condition and repair as received as of the Apartment Commencement Date, (ii) keep the Property in at least as safe a condition as received as of the Commencement Date, (iii) cause the Property to be in compliance with all laws and all equipment requirements of the National Board of Fire Underwriters, as described in Article 11, (iv) provide safeguards and fixtures security to protect the Property in it; a manner consistent with the practices in place immediately prior to the Commencement Date, and (bv) promptly make all necessary repairs and replacements whenever to the need results from Property, whether structural or non-structural, including, but not limited to the roofs and structures of the buildings, the pipes, water, sewage and septic system, heating system, plumbing system, window glass, fixtures, and all other appliances and their appurtenances and all equipment and personal property used in connection with the Property so that the Property is in at least the same condition as when received by Tenant, reasonable wear and tear and damage by fully insured casualty or condemnation excepted. Upon the failure of the Tenant in making such repairs or replacements, Landlord may notify Tenant in writing and if Tenant fails to correct such failure within thirty (30) days after receipt of Landlord's notice, Landlord may, but shall not be required to, make such repairs and replacements for the Tenant's act of neglect or account, and the neglect of Tenant’s family membersexpense thereof, guests, visitors or contractors plus a fee equal to fifteen percent (if consented to by Landlord); (c15%) keep the Apartment and any other part of the building used by cost of such repairs or replacements, shall constitute and be collectible as Additional Rent; provided, however, in the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. event of an emergency Landlord shall have the right to perform such repair or maintenance prior to the expiration of such thirty (30) day notice period. Tenant shall maintain at its sole cost and expense all portions of the Property in a reasonable amount clean and orderly condition, free of time dirt, rubbish, snow, ice and unlawful obstruction as consistent with past practices preceding the Commencement Date. No less frequently than each fifth anniversary of the Commencement Date and in the last year of the term, Tenant shall repair and decorate the Property, both internally and externally, to make repairsmaintain its appearance in at least as good condition as existed as of the Commencement Date, except that Tenant shall not be obligated to decorate those buildings listed on Exhibit 8.03 attached hereto. Tenant shall be responsible for reimbursing obligated to obtain the prior written approval of Landlord for any decorations which differ in color or type from the present color or type of decoration of the Property. Tenant's liability to reimburse Landlord for repairs or replacements it performs under this Agreement shall be only to the extent the work and the cost of any repairs that are not "normal wear and tear" repairs, any such costs the work shall be considered additional rent; (e) shall not attach to, hang from or place anything on reasonable and no greater than that which would be appropriate for similar properties similarly situated in the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacateslocal geographic region.

Appears in 1 contract

Samples: Lease Agreement (Life Sciences Research Inc)

Repairs and Maintenance. The Tenant shall (a) take good care agrees, throughout the Lease term, to maintain the Leased Property, including the interior and exterior portions of the Apartment building being leased hereunder, and all equipment any improvements thereon, in a clean and fixtures in it; (b) promptly make all necessary safe manner and to make, at its expense, such ordinary repairs and replacements whenever as may be required to keep said Leased Property and the interior and exterior of said building and improvements in good condition (excluding repairs and replacements necessitated by a fire or other casualty insurable under a standard form All Risk Fire and Extended Coverage Insurance Policy), ordinary wear and tear, damage by the elements and any obligations of Landlord excepted. * All warranties transferred to Tenant. Tenant further agrees to make, at its own expense less a $250 per agreed-upon instance Landlord contribution, all major repairs and replacements required to maintain the utility systems including the HVAC, plumbing and electric systems, and to maintain the exterior portion of the Leased Property in a good and safe condition; and to make at its expense, such major repairs, replacements and improvements as may be required to keep the utility systems of the Leased Property and interior and exterior of said building and improvements in compliance with all applicable federal, state and municipal laws and all applicable rules, regulations and directives of properly constituted governmental authorities. Landlord agrees to maintain the foundations, roof and structural portions of the exterior walls of the Building (except for glass and exterior doors and repairs necessitated by acts of Tenant and/or its agents, employees or invitees). In the event that the building situate upon the Leased Property should become in need of repairs, replacements, or improvements required to be made by the Landlord hereunder, Tenant shall give written notice thereof to Landlord, and Landlord shall proceed promptly to make such repairs, replacements or improvements, at its own expense. In the event that the need results from for repairs, replacements or restorations shall be caused by fire or other casualty or by taking under the Tenant's act power of neglect or eminent domain, the neglect obligations of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment Landlord and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing determined in accordance with Paragraph 12 or 17 as the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatescase may be.

Appears in 1 contract

Samples: Lease Agreement (Eautoclaims Com Inc)

Repairs and Maintenance. The Tenant shall 1. During the term of this Lease, Landlord agrees to keep and maintain in good order and repair, and if applicable, replace, as necessary, the Common Area, and the roof, concrete sub-floors and exterior walls (aexclusive of all glass facades, plate glass, doors, sign bands and interior walls) take good care of the Apartment Building and the Leased Premises. Tenant shall, at at its own cost and expense, at all equipment and fixtures in it; (b) promptly times during the Lease term make all necessary repairs and replacements whenever to the need results from Leased Premises and the Tenant's act of neglect equipment located therein or servicing the neglect of Tenant’s family membersLeased Premises, guestsincluding, visitors or contractors (if consented to by Landlord); (c) keep the Apartment but not limited to, doors, windows, plate glass, fixtures and any other part heating, ventilating and air conditioning facilities of the building used by Leased Premises and the electrical and plumbing facilities exclusively servicing the Leased Premises to the point of entry to a common line, and Tenant as clean shall keep and safe as possible; maintain the same in good condition and (d) promptly notify repair so that at the expiration of the Lease term or any extension thereof, the Leased Premises shall be surrendered to Landlord when there in the same condition that the same are conditions which need repairin at the commencement of the Lease term. Tenant shall, at its own cost and expense, at all times during the Lease term make all necessary repairs and replacements to the Leased Premises and the equipment located therein or exclusively servicing the Leased Premises, including, but not limited to, doors, windows, plate glass, fixtures and heating, ventilating and air conditioning facilities exclusively servicing the Leased Premises and the electrical and plumbing facilities exclusively servicing the Leased Premises to the point of entry to a common line, and Tenant shall keep and maintain the same in good condition and repair so that at the expiration of the Lease term or any extension thereof, the Leased Premises shall be surrendered to Landlord shall have a in the same condition that the same are in at the commencement of the Lease term subject to ordinary wear and tear and reasonable amount of time to make repairsuse. Tenant shall be responsible for reimbursing the Landlord for the cost of not defer any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on replacements to the railings Leased Premises by reason of anticipation of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative expiration of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantterm hereof. Tenant shall also be responsible use all reasonable precautions to prevent waste, damage or injury to the Leased Premises. The surrender of the Leased Premises upon the expiration or earlier termination of this Lease shall not relieve Tenant of the obligation to pay for returning all repairs or replacements to the apartment back Leased Premises which Tenant was obligated to its original conditionperform during the Lease term, which obligation shall survive the expiration or else early termination of this Lease. Tenant’s maintenance obligations hereunder shall be liable subject to ordinary wear and tear and reasonable damage due to casualty and condemnation and Landlord’s repair, maintenance, and restoration obligations hereunder. Notwithstanding the foregoing, Tenant’s obligation to maintain the Leased Premises shall not extend to the Landlord for exterior and structural portions of the costs incurred for the Landlord to do so after Tenant vacatesBuilding.

Appears in 1 contract

Samples: Lease (EnSync, Inc.)

Repairs and Maintenance. The A. Landlord shall, (i) at Landlord’s expense (unless otherwise provided for herein), keep the foundations, roof and structural portions of the Building, including, but not limited to, the walls of the Premises, in good condition and repair, and (ii) subject to reimbursement, as set forth below, replace the HVAC (as hereinafter defined) and/or any electrical systems that are in need of replacement (each, a “Landlord Replacement Item”). Notwithstanding the foregoing, any repairs required to the foregoing items by reason of the acts or omissions of Tenant, Tenant’s employees, agents, invitees, licensees or contractors shall be completed by Landlord, at Txxxxx’s expense. Tenant shall (a) take good care give Landlord written notice of the Apartment necessity for repairs coming to the attention of Txxxxx, following which Landlord shall promptly undertake and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repaircomplete such repairs. Landlord shall have not be liable for any damage occasioned by its failure to keep the Premises in repair unless Landlord is obligated to make such repairs under the terms hereof, notice of the need for such repairs has been given Landlord, a reasonable amount of time has elapsed following such notice, and Lxxxxxxx has failed to make such repairs. Tenant The provisions of this paragraph shall not apply in the case of damage or destruction by fire or other casualty or by eminent domain, in which events the obligations of Landlord shall be responsible for reimbursing controlled by Paragraph 13 or Paragraph 15, as the Landlord for case may be. In the cost of any repairs event that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services or undertakes repairs which are Landlord’s obligations hereunder, without the prior written consent of the Landlord, the costs of such repairs shall be paid for by Tenant within ten (10) days of billing therefor. In the event a Landlord Replacement Item needs to be replaced (or a major repair in connection with the parking area pursuant to Section 11 hereunder is required), then Landlord shall pay for such replacement (or major repair) and Tenant shall be wholly responsible for reimburse Landlord the payment for any annual cost of such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, replacement (or else major repair) which shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesamortized over its useful life.

Appears in 1 contract

Samples: Commercial Lease Agreement (INVO Bioscience, Inc.)

Repairs and Maintenance. The Tenant shall (a) take Except only as provided in Clause 8(c) herein, the Lessee, at its expense, shall be solely responsible for maintaining and keeping the Leased Premises and all appurtenances and fixtures thereto in good care and sufficient repair and in good working order when, where and so often as may be necessary, including such repairs as may be necessary, painting the interior and also including, without limiting, all machinery, facilities, fixtures, doors, including sliding and overhead, plumbing apparatus, plate glass, windows, pipes, wiring, heating apparatus, air conditioning apparatus, floors, drains, and interior electric light fixtures, wiring and equipment. It is also agreed and hereby acknowledged by the Lessee that the said maintenance and repairs shall, whenever and wherever necessary, include replacements and renewals, and that the same shall be done with due diligence and dispatch. PROVIDED, that the said obligations of the Apartment Lessee to repair, maintain, replace and all equipment renew as aforesaid shall not include and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented extend to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" , damage by fire, lightning, tempest, explosion, acts of the Queen's enemies, act of God, or other event covered by the insurance referred to in Clause 5(a) of this Lease, and are subject to Clause 12 of this Lease. The Lessee further covenants that if the Lessee shall at any time fail to so maintain and to make such repairs, any such costs shall be considered additional rent; (e) shall not attach torenewals or replacements, hang from the Lessor may do so or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord may cause another to do so after Tenant vacatesin a good and workmanlike manner, and the cost thereof shall be for the account of the Lessee, and upon receipt by the Lessee of the Lessor's statement setting out the amount thereof, the Lessee shall pay to the Lessor such amount. For the purposes aforesaid, the Lessee shall permit the Lessor, its servants, agents, contractors, licensees and workmen at all reasonable times to enter upon the Leased Premises without liability to the Lessor for any loss or damage that may accrue to the Lessee by reason thereof, including, without limiting, the business of the Lessee.

Appears in 1 contract

Samples: Lease Agreement (Rotoblock CORP)

Repairs and Maintenance. The Except as specifically otherwise provided in this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). Tenant shall (a) take good care not use or permit the use of any portion of the Apartment Premises for outdoor storage. When used in this Article 14, the term “repairs” shall include replacements and all renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and fixtures usefulness to those originally used in it; (b) promptly constructing the Building and the Premises. Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and replacements whenever foundations and the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment structural steel columns and any other girders forming a part of the building used by Premises and the Tenant as clean HVAC, plumbing and safe as possibleelectric systems serving the Premises. Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, windows, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and (d) promptly notify until Landlord receives written notice of or has actual knowledge of the Landlord when there are conditions which need for such repair. Landlord shall have keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a reasonable amount clean and orderly condition, free of time accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Notwithstanding anything herein to make repairs. the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be responsible for reimbursing made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. Landlord shall provide Tenant with janitorial services for the cost Premises Monday through Friday of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on each week in accordance with the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved guidelines set forth in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesExhibit “D” attached hereto.

Appears in 1 contract

Samples: Auxilium Pharmaceuticals Inc

Repairs and Maintenance. The Tenant shall (a) take good care shall, at its own cost and expense, maintain the structural and non-structural portions of the Apartment Premises in good and tenantable condition consistent with a first class retail premises and otherwise in compliance with all applicable federal, state and local laws, rules, regulations, orders and guidelines now or hereafter in force, and make all repairs to the Premises and every part thereof as needed. Tenant’s obligations under this Section shall include, but not be limited to, modifying, repairing, replacing, installing and maintaining, as applicable, the following: items as are required by any governmental agency having jurisdiction thereof (whether the same is ordinary or extraordinary, foreseen or unforeseen); the roof, exterior walls, structural columns and structural floor or floors of the Premises in good condition interior walls and glass; the interior portions of exterior walls; ceilings; utility meters exclusively serving the Premises (including those outside the Premises if they exclusively serve the Premises); pipes and conduits within the Premises exclusively serving the Premises; all pipes and conduits outside the Premises exclusively serving the Premises between the Premises and the service meter; all fixtures; heating, ventilating and air conditioning (“HVAC”) system exclusively serving the Premises (including all components thereof whether located inside or outside the Premises); sprinkler equipment and other equipment within the Premises exclusively serving the Premises; the storefront and all equipment and fixtures in itexterior glass; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors signs (if consented to by Landlordboth interior and exterior); (c) keep the Apartment locks and closing devices; all window sashes, casements or frames, doors and door frames; and any other alterations, additions or changes performed by or on behalf of Tenant (whether structural or non-structural); provided that Tenant shall make no adjustment, alteration or repair of any part of any sprinkler or sprinkler alarm system in or serving the building used Premises without Landlord’s prior approval. All broken glass, both exterior and interior, shall be promptly replaced by Tenant with glass of the Tenant as clean same kind, size and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairsquality. Tenant shall be responsible for reimbursing providing all janitorial, cleaning and pest control services within the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any Premises. All such costs services shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved provided in writing by a representative of the Landlord. If Tenant contracts accordance with standards customarily maintained for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenantsimilar first class retail locations. Tenant shall also permit no waste, damage or injury to the Premises and Tenant shall initiate and carry out a program of regular maintenance and repair of the Premises, including the painting or refinishing of all areas of the interior and the storefront, so as to impede, to the extent possible, deterioration by ordinary wear and tear and to keep the same in attractive condition. Tenant will not overload the electrical wiring serving the Premises and will install, at its expense, with Xxxxxxxx’s written approval, any additional electrical wiring required in connection with Tenant’s apparatus. Landlord shall be responsible for returning the apartment back under no obligation to its original conditionmake any repairs, replacements, reconstruction, alterations, or else shall be liable improvements to or upon the Landlord Premises or the mechanical equipment exclusively serving the Premises except as expressly provided for the costs incurred for the Landlord to do so after Tenant vacatesherein.

Appears in 1 contract

Samples: Net Lease Agreement (Zoned Properties, Inc.)

Repairs and Maintenance. The Section 12.1 Except as otherwise provided in Articles 5, 6, and 12 ------------ hereof, Tenant shall (a) take shall, at all times during the Lease Term, and at its own cost and expense, keep and maintain in good care order, condition, and repair, ordinary wear and tear and damage caused by the acts of Landlord, its agents, contractors or employees, by the failure of Landlord to perform its obligations, or by condemnation, fire or other casualty excepted, the Building and all other improvements on the Premises as of the Apartment Commencement Date of the Lease Term and all thereafter erected by Tenant on the Premises, or forming part thereof, and their full equipment and fixtures in it; (b) promptly appurtenances, including without limitation, all plate glass, doors, interior non-bearing walls and partitions, ceilings and the electrical, plumbing, lighting, heating, and air conditioning systems, and make all necessary repairs thereto and restorations, replacements whenever and renewals thereof, both inside and outside, structural and nonstructural, extraordinary and ordinary, foreseen or unforeseen, howsoever the need results from the Tenant's act of neglect necessity or the neglect of Tenant’s family membersdesirability for repairs may occur, guests, visitors and whether or contractors (if consented to not necessitated by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possiblelatent defects or otherwise; and (d) promptly notify the Landlord when there are conditions which need repairshall use all reasonable precaution to prevent waste, damage or injury. Landlord shall have a reasonable amount maintain and repair only the Building foundation, exterior walls and windows, parking lot foundation, and roof, provided that these items are not in any way affected or disturbed by any tenant improvements or such maintenance and/or repair was caused by Tenant's use of time the Premises, or by the acts of Tenant, its agents, employees, contractors, licensees, or invitees (collectively, "Tenant Causes"). If it is determined that any such maintenance or repair is required due to make repairs. any Tenant Causes, Tenant shall be responsible for reimbursing the Landlord for the cost of such maintenance and/or repair, subject to Section 8.7 above and Article 13 below. Notwithstanding the foregoing, Landlord shall bear the cost in excess of $2,500 of any repairs that are not "normal wear and tear" repairssingle act of maintenance, repair, or replacement of any such costs shall be considered additional rent; (e) shall not attach to, hang from single HVAC unit servicing all or place anything on the railings any portion of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any Premises, except where such services without written consent of the Landlordmaintenance, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original conditionrepair, or else shall be liable to replacement is made necessary by the Landlord for acts or omissions of Tenant, its agents, employees, contractors, licensees, or invitees, or by the costs incurred for the Landlord to do so after breach by Tenant vacatesof any of its obligations trader this Lease.

Appears in 1 contract

Samples: Building Lease Agreement (Intertrust Technologies Corp)

Repairs and Maintenance. The 7.1 Tenant shall (a) take generally monitor, maintain and repair the Leased Premises, in a good care and workmanlike manner, and shall, at the expiration of the Apartment term, deliver the Leased Premises in good order and all equipment condition, damages by fire or casualty, the elements, condemnation, repairs that are not Tenant’s responsibility hereunder and fixtures in it; (b) promptly ordinary wear and tear excepted. Tenant covenants and agrees that it shall not cause or permit any waste, damage or disfigurement to the Leased Premises, or any overloading of the floors. Tenant shall maintain and make all repairs to the floor surface, plumbing and electrical systems including all ballasts and fluorescent fixtures located within and exclusively serving the Leased Premises. Landlord shall be responsible for repairs necessary to the Building structure, roof, exterior windows, doors and load-bearing walls, and electric and plumbing and other Building systems to the point where they enter the Leased Premises, and the maintenance of the HVAC systems located in the common mechanical room and on the roof along with the other mechanical systems located in the common mechanical room provided, however, that Landlord shall not be required to make, and Tenant shall be responsible for, any repairs and replacements whenever occasioned by the need results from the Tenant's act of neglect acts or the neglect omissions of Tenant, its agents, employees, contractors or subcontractors. Tenant shall promptly report in writing to Landlord any defective condition which Landlord is required to repair, and Landlord’s family membersobligation to repair, guestsexcept as to routine maintenance, visitors or contractors (if consented is conditioned upon receipt by Landlord of such prior written notice. Landlord’s obligation to by repair is also conditioned, at Landlord); (c) keep the Apartment ’s option, upon Tenant not then being in default under this Lease after notice and any other part expiration of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairapplicable cure period. Landlord shall have no other maintenance or repair obligations whatsoever with respect to the Leased Premises except that Landlord shall perform and construct any repair, maintenance or improvements (a) necessitated by the acts or omissions of Landlord or its agents, employees or contractors, (b) for which Landlord has a reasonable amount of time to make repairswarranty, or (c) which could be treated as a “capital expenditure” under generally accepted accounting principles. Tenant shall be responsible for reimbursing the Landlord Except for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordforegoing, Tenant shall be wholly responsible for keep and maintain in good order, condition and repair the payment for any such Leased Premises and every part thereof, including, without limitation, the interior surfaces of the exterior walls, interior doors, door frames, door checks, interior windows and window frames, all wall and floor coverings, all building systems and components thereof which exclusively service the Leased Premises including, without limitation, mechanical, plumbing, electrical, all lighting fixtures and all bathrooms within the Leased Premises, and alterations, additions or improvements (“Alterations”) made by or on behalf of Tenant and shall hold the Landlord harmless against any claim make all other interior non-structural repairs, replacements, renewals and restorations, ordinary and extraordinary, foreseen and unforeseen, required to be made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable in and to the Leased Premises. The term “repair” as used in this Section shall include replacements when necessary. Landlord for agrees to maintain the costs incurred for Leased Premises at a minimum temperature of 45 degrees to prevent the freezing of domestic water and sprinkler pipes and no higher than 78 degrees to prevent humidity, mold and mildew. Landlord to do will provide Tenant’s desired comfortable office temperature so after Tenant vacateslong as the same is within the temperature range set forth above.

Appears in 1 contract

Samples: Lease Agreement (PMV Pharmaceuticals, Inc.)

Repairs and Maintenance. The Tenant Landlord shall (a) take good care maintain, or cause to be ----------------------- maintained in first class working condition, the common areas of the Apartment Building and all equipment the land upon which it is situated, including without limitation the lobbies, elevators, stairs, and fixtures in it; corridors, the roof, foundations, structural elements, building systems (b) promptly make all including, without limitation, the primary building HVAC but excluding any supplemental HVAC system serving the Premises), parking areas and exterior walls of the Building, and the underground utility and sewer pipes outside the exterior walls of the Building, if any, except any of such repairs rendered necessary repairs and replacements whenever by the need results from the Tenant's act of neglect negligence or the neglect misconduct of Tenant’s family members, guestsits agents, visitors customers, employees, independent contractors, guests or contractors invitees (if consented to the extent not released by Landlord pursuant to Section 18.2), the repair of which shall be paid for by Tenant within thirty (30) days of Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair's written demand with backup invoices. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing not alter the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings existing windows of the patio Premises (whether by addition of film or deck; and ( f ) Tenant agrees not otherwise). Subject to install any partition walls. No outside contractor is authorized Landlord's right of access pursuant to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the LandlordArticle 17, Tenant shall be wholly exclusively responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request interior of the TenantPremises (other than structural elements of the Building and portions of the Building systems within the Premises), which shall be maintained by Tenant in good order and repair, and Landlord shall be under no obligation to inspect the Premises or, except as otherwise expressly provided in this Lease, repair the Premises. Tenant shall also be promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and failure to so report such defects shall make Tenant responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for any liability incurred by Landlord by reason of such conditions. Tenant hereby waives the costs incurred for the Landlord right to do so after Tenant vacatesmake repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Deed of Lease (Vialog Corp)

Repairs and Maintenance. The Tenant shall (a) take good care Landlord will maintain the roof of the Apartment Building, the Building structure, mechanical systems (including, without limitation, the HVAC systems) and all equipment electrical wiring, plumbing, sewage or other pipes or conduit serving the Premises in good condition and fixtures repair. Tenant agrees to maintain the Premises in it; (b) promptly make all necessary repairs a clean, safe, and replacements whenever the need results from the Tenant's act of neglect operable condition, and will not permit or the neglect of Tenant’s family members, guests, visitors allow to remain any waste or contractors (if consented damage to by Landlord); (c) keep the Apartment and any other part portion of the building used by Premises. Subject to the waiver of subrogation set forth in Section 9.2 hereinbelow, Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time agrees to make repairs. Tenant shall be responsible for reimbursing the Landlord pay for the cost of any repairs that are not "normal wear repairing or replacing, subject to Landlord’s direction and tear" repairssupervision, any such costs shall be considered additional rent; (e) shall not attach todamage to the Premises and the Building caused by Tenant, hang from Tenant’s employees, Tenant’s transferees, or place anything on the railings of the patio their respective agents, contractors, or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlordinvitees. If Tenant contracts for fails to make such repairs or replacements within fifteen (15) days after the occurrence of such damage, then Landlord may make the same at Tenant’s cost. If any such services without written consent damage occurs outside of the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The cost of all repair or replacement work performed by Landlord under this Section 6.2 must be paid by Tenant to Landlord, together with a supervisory and administrative fee equal to ten percent (10%) of the cost of the repair or replacement work performed by Landlord, within ten (10) days after Landlord has invoiced Tenant for such cost and will constitute Rent under this Lease. Landlord represents that the Building was built in conformance with all applicable fire, safety and building codes as well as the Illinois Accessibility Act. If at anytime during the Lease Term (or any extension or renewal thereof), any governmental authority requires alterations to the Premises in order to comply with the Americans With Disabilities Act of 1990, as amended (the “ADA”), Landlord shall be wholly responsible solely responsible, at Landlord’s sole cost and expense, for bringing the payment for any such service and shall hold Premises into compliance with the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesADA.

Appears in 1 contract

Samples: Lease Agreement (Enova International, Inc.)

Repairs and Maintenance. The Tenant shall (a) take Except with respect to Landlord Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the Premises in good care of the Apartment order and condition including promptly making all equipment repairs necessary to keep and fixtures maintain such in it; (b) promptly make all necessary good order and condition. When used in this Lease, “repairs” shall include repairs and replacements whenever any reasonably necessary replacements. Tenant shall have the need results from the Tenant's act option of neglect replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or the neglect advising Landlord of Tenant’s family membersdesire to have Landlord make such repairs, guests, visitors or contractors (if consented in which case Tenant shall pay to by Landlord for such repairs at Landlord); (c) keep ’s then-standard rate. To the Apartment and extent that Tenant rxxxxxxs that Landlord make any other part repairs that are Tenant’s xxxigation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Administrative Fee. If Tenant has been in default under this Lease, Landlord may elect to require that Tenant prepay the amount of such repair. All repairs made by Landlord or Tenant shall utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the building used by Building and the Premises. If either Tenant as or Landlord (at Tenant’s request) installs and/or operates HVAC equipment (“Tenant’s Supplemental HVAC”) and/or any Alteration, Tenant, at Tenant’s expense, shall maintain Tenant’s Supplemental HVAC and/or Alteration in a clean and safe manner and in proper operating condition throughout the Term and, with respect to Tenant’s Supplemental HVAC, under a service contract with a firm and upon such terms as possible; may be reasonably satisfactory to Landlord, including inspection and (d) promptly notify maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 5 days after Landlord’x xxxuest, Tenant shall provide Landlord with evidence that such contract is in place. All repairs to the Landlord when there are conditions which need repairBuilding and/or the Project made necessary by reason of the installation, maintenance, and operation of Tenant’s Supplemental HVAC and Alterations shall be Tenant’s expense. In the event of an emergency, such as a burst waterline or act of God, Landlord shall have a reasonable amount of time the right to make repairs. repairs for which Tenant ix xxxxonsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but in such case Landlord shall be responsible for reimbursing the provide notice to Tenant as soon as practicable thereafter, and Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the railings of the patio or deck; and ( f ) Tenant agrees not take commercially reasonable steps to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for minimize the costs incurred for the Landlord to do so after Tenant vacatesincurred.

Appears in 1 contract

Samples: Confirmation of Lease (Paratek Pharmaceuticals, Inc.)

Repairs and Maintenance. The 13.01. Tenant shall (a) shall, at its expense, throughout the Term, take good care of and maintain in good order and condition the Apartment Premises and all equipment the fixtures and fixtures in it; (b) promptly make all necessary repairs improvements therein including, without limitation, the property which is deemed Landlord’s pursuant to Section 12.01 and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersProperty except as otherwise expressly provided in this Section 13.01. Subject to the provisions of Article 19 relating to damage or destruction and Article 20 hereof relating to condemnation, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the Premises (expressly excluding any items of repair and maintenance (i) for which Landlord is responsible in accordance with the express provisions of this lease or (ii) subject to Section 9.04, arising from Landlord’s negligence or willful misconduct), and shall be responsible for the cost of any repairs that are not "normal wear and tear" all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the Building and the facilities and systems thereof, the need for which arises out of (a) the performance or existence of Tenant’s Alterations, (b) the installation, use or operation of the property which is deemed Landlord’s, pursuant to Sections 12.01 and 12.02 and Tenant’s Property, (c) the moving of the property which is deemed Landlord’s pursuant to Sections 12.01 and 12.02 and Tenant’s Property in or out of the Building, (d) except to the extent covered by insurance required to be carried by Landlord pursuant to Article 9 hereof, the act, omission (where an affirmative duty to act exists), misuse or neglect of Tenant or any such costs shall be considered additional rent; of its subtenants or its or their employees, agents, contractors or invitees or (e) shall not attach to, hang from or place anything on the railings design flaws in any of Tenant’s plans and specifications regardless of the patio or deck; fact that such Tenant’s plans may have been approved by Landlord. Tenant, at its expense, shall be responsible for all repairs, maintenance and ( f ) Tenant agrees not replacement of wall and floor coverings and doors in and to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative Premises and for all the repair, maintenance and replacement of all the systems and facilities of the Building that exclusively serve the Premises; it being understood and agreed that in no event shall Tenant be responsible for the HVAC system [other than any supplemental air-conditioning system that exclusively serves the Premises]), core electrical closets and core Class-E devices and sprinkler and plumbing systems, for which the repair, maintenance and replacement thereof shall be Landlord’s responsibility; provided, that, subject to Section 9.04, Landlord may charge Tenant the reasonable actual out-of-pocket costs incurred by Landlord in repairing same if such repairs were necessitated by the act, omission (where an affirmative duty to act exists), misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. If All repairs in or to the Premises for which Tenant contracts is responsible shall be promptly performed by Tenant in a manner which will not interfere (except to a de minimis extent) with the use of the Building by other occupants; provided, however, any repairs in and to the Building (outside of the Premises) and the facilities and systems of the Building for which Tenant is responsible shall be performed by Landlord at Tenant’s expense, which expense shall be commercially reasonable. The exterior walls of the Building, the portions of any window xxxxx outside the windows, and the windows are not part of the Premises and Landlord reserves all rights to such parts of the Building, and Landlord shall keep such portions of the Building in good first-class condition and repair consistent with Comparable Buildings of comparable age (except to the extent, if any, that Tenant is responsible for any such services without written consent repairs pursuant to any express provision of this lease). Notwithstanding the Landlordforegoing provisions of this Section 13.01, Tenant shall not be wholly responsible for repairs to or replacements of any structural elements of the payment Building or to the Building systems or facilities serving the Premises (i.e., excluding any such Building systems or facilities that exclusively serve the Premises), except to the extent the need for such repairs or replacements arises from the matters set forth in clauses (a), (b), (c), (d) or (e) of the second sentence of this Section 13.01 or from the negligence or willful misconduct of Tenant, its employees, agents or contractors; provided, however, that Tenant’s obligation to pay for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else repairs shall be liable subject to the Landlord for provisions of Section 9.04 if and to the costs incurred for extent that the Landlord provisions of said Section 9.04 are applicable to do so after Tenant vacatesthe repair in question and the cost of such repair is covered by insurance required to be maintained by Landlord.

Appears in 1 contract

Samples: Agreement (Citigroup Inc)

Repairs and Maintenance. The Tenant shall (a) take good care Except as hereinafter expressly provided in this paragraph 8(a), Tenant shall at its own cost and expense keep and maintain all parts of the Apartment Premises in good condition (reasonable wear and all equipment tear and fixtures in it; (b) casualty damage excepted), promptly make making all necessary repairs and replacements whenever replacements, interior and exterior, ordinary and extraordinary, including but not limited to, windows, glass and plate glass, doors, and special office entries, interior walls and finish work, floors and floor coverings, downspouts, gutters, heating, air conditioning and ventilation systems, dock boards, truck doors, dock bumpers, irrigation systems, paving, parking lot improvements, plumbing work and fixtures, pest extermination, exterior lighting fixtures, regular removal of trash and debris, regular mowing of any grass, trimming, weed removal, landscape replacement, general landscape maintenance, keeping the need results from parking areas, driveways, alleys and the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part whole of the building used by the Tenant as Premises in a clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairsanitary condition. Landlord shall have a reasonable amount shall, at its own cost and expense, keep and maintain the roof, foundation and structural portions of time to make repairsthe Building in good condition (except in the event of casualty or other damage contemplated by paragraph 15 hereof). Tenant shall give immediate written notice to Landlord of the need for repairs, and Landlord shall proceed within a reasonable time AMENDMENT TO INDUSTRIAL Initial: after receiving such notice to make such repairs. Landlord’s liability hereunder shall be responsible for reimbursing the Landlord for limited to the cost of any repairs that are not "normal wear and tear" such repairs, any such costs shall be considered additional rent; (e) and Landlord shall not attach tobe liable for consequential damages. Tenant shall have no obligation to repair, hang from maintain or place anything on contribute to Landlord’s expense of replacing, repairing or maintaining the railings roof, foundation or other structural portions of the patio or deck; Premises. Tenant’s maintenance obligations shall include any rail spur areas and ( f ) any spur track serving the Premises if Tenant, at any time during the Lease Term, makes use of any rail spur track. In this regard, Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the Premises, if requested by the railroad company. Tenant shall not be obligated to install repair any partition walls. No outside contractor is authorized damage caused by fire, tornado or other casualty covered by the insurance to perform any services at be maintained by Landlord pursuant to the Apartment or apartment complex unless approved in writing by a representative provisions of the Landlord. If Tenant contracts for any such services without written consent of the Landlordthis Lease, except that Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back obligated to its original condition, repair all wind damage to glass except with respect to tornado or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacateshurricane damage.

Appears in 1 contract

Samples: Industrial Lease Agreement (Collegiate Pacific Inc)

Repairs and Maintenance. The Tenant 18.1. Landlord shall (a) take repair and maintain in good care condition the foundations and structural portions of the Apartment Building and all equipment and fixtures in it; (b) promptly repair and/or replace as needed the roofing and covering materials; exterior walls; parking areas, curbs, driveways, plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord, but with respect to Subsection 18.1(b), Landlord’s repair and replacement obligation shall be expressly limited to the extent the costs for such repair and/or replacement in Subsection 18.1(b) constitute a capital expenditure. In connection with the foregoing, it is expressly understood that except for the foundations and structural portions of the Building which are Landlord’s responsibility pursuant to Subsection 18.1(a) and any capital repairs and/or replacements which are Landlord’s responsibility pursuant to Section 18.1(b), Tenant shall otherwise be responsible (at Tenant’s sole cost and expense) for all maintenance and upkeep (routine and non-routine) of the Premises and every part thereof and all repairs and/or replacements, and Tenant shall make all necessary such repairs and replacements whenever that are required. All costs and expenses incurred by Landlord associated with the need results from the Tenant's act of neglect or the neglect of Tenant’s family membersrepair, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part maintenance and/or replacement of the building used by foregoing shall be included as Operating Expenses (including any capital expenditure, subject to the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairlimitations set forth in Article 8). Landlord shall have no obligation for any maintenance, repair or replacement set forth in this Section until Landlord receives notice from Tenant regarding the need for such repair or replacement. If (m) Tenant provides prior written notice to Landlord of an event or circumstance which requires the action of Landlord with respect to Landlord’s obligation to undertake and complete any maintenance, repair or replacement as set forth in this Section (a reasonable amount “Required Action”), (n) Landlord is, in fact, required to perform such maintenance, repairs and/or replacement under the terms of this Lease, and (o) Landlord does not complete the Required Action within thirty (30) days after Landlord’s receipt of such notice (or, if such repair, replacement or maintenance cannot reasonably be completed with such period, within SMRH:418641422.8 26 0100-922173 the period of time reasonably required (so long as Landlord begins the Required Action within such period and diligently prosecutes the same to make repairscompletion) (the “Required Action Period”)), then Tenant may deliver an additional notice to Landlord and any lender of Landlord for which Tenant has been given an address for notices specifying that the Required Action Period has expired, the specific action required and that Tenant intends to take such Required Action. If (y) Landlord’s failure to perform any such Required Action directly, materially and adversely affects Tenant’s use of the Premises and (z) such Required Action is not commenced or completed (as applicable) by Landlord within thirty (30) days after such second notice, then Tenant shall be responsible entitled to perform such Required Action and to reimbursement by Landlord of Tenant’s actual reasonable and necessary, out-of-pocket costs and expenses in taking such Required Action (but only with respect to such action as specified in the second notice given to Landlord). Landlord shall reimburse such amounts within thirty (30) days of Landlord’s receipt from Tenant of a detailed invoice setting forth a particularized breakdown of the costs and expenses incurred in connection with such action taken by Tenant accompanied by proof of payment of such costs reasonably satisfactory to Landlord and unconditional lien releases for reimbursing all such costs from each contractor, subcontractor and material supplier that are entitled to place a lien on the Property under Applicable Laws, in a form acceptable to Landlord and complying with Applicable Laws, from each contractor and subcontractor with respect to such costs. In the event Tenant takes such action, and such work affects the Building systems or the structural integrity of the Building, Tenant shall use only those contractors used by Landlord in the Building for work on such systems unless such contractors are unwilling or unable to perform, or timely perform, such work, in which event Tenant may utilize the cost services of any repairs other qualified contractor which normally and regularly performs similar work in comparable Buildings. In the event that are not "normal wear (x) Landlord fails to reimburse Tenant for any costs (i) incurred by Tenant in connection with Tenant’s exercise of its self-help remedy pursuant to this Section and tear" repairs(ii) obligated to be reimbursed by Landlord pursuant to this Section, any (y) in connection with such costs shall be considered additional rent; (e) shall not attach tofailure by Landlord, hang from or place anything on the railings Tenant institutes legal proceedings and is awarded monetary damages following adjudication of the patio or deck; matter and ( f issuance of a final, non-appealable judgment in Tenant’s favor, and (z) Landlord thereafter fails to reimburse Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at for such amounts (as awarded by such final, non-appealable judgment) within sixty (60) days following the Apartment or apartment complex unless approved issuance of such final, non-appealable judgment, then in writing by such a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlordcase, Tenant shall be wholly responsible for entitled to deduct such amounts from the payment for any such service and shall hold Rent payable by Tenant to Landlord under the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, or else shall be liable to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesLease.

Appears in 1 contract

Samples: Lease (Affymetrix Inc)

Repairs and Maintenance. The Landlord shall maintain the exterior walls, roof, all other structural portion of the Building, and paved areas (concrete/asphalt) of the Premises in good condition, the cost of which shall be included in the operating costs and expenses for the Premises, unless any repair is caused by the acts or negligence of Tenant, its employees or contractors, in which event the cost of the repair shall be paid by Tenant exclusively. Capital replacements with respect to such items shall be Landlord’s responsibility, but will be billable to Tenant pursuant to the second paragraph of this Section. Tenant shall (a) take good care promptly notify Landlord of any damage to or the necessity of any repairs to the roof or exterior walls. Tenant shall, at its expense, maintain the interior of the Apartment Premises, and all equipment doors, loading docks and fixtures in it; (b) leveling equipment, if any, the windows and glass, and the systems, machinery and equipment, including plumbing, electrical, heating and ventilating and air conditioning, and promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairsreplacements. Tenant shall be responsible provide its own janitorial services, including window cleaning and light bulb, tube and starter replacement within the interior space, and shall keep all trash in closed containers and arrange for reimbursing the Landlord for the cost of any repairs that are not "normal wear and tear" repairs, any such costs periodic removal thereof. Tenant's trash containers or dumpster shall be considered additional rent; (e) shall not attach to, hang from or place anything placed at a location on the railings of the patio or deck; concrete loading dock pad reasonably agreed to by Landlord and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex unless approved in writing by a representative of the Landlord. If Tenant contracts for any such services without written consent of the Landlord, Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also keep the walkways, loading docks and ramps (if any) adjacent to the Premises free of litter, ice and snow. In addition, Tenant shall, upon the reasonable request of the Landlord, at Tenant's expense, throughout the Term, maintain a contract with an extermination service, acceptable to Landlord to provide monthly service to control rodents and other pests in the Premises. If Tenant fails to maintain the aforementioned required contracts, Landlord shall provide written notice to Tenant of the failure to maintain the requisite contracts and may at any time within five (5) business days following such notice enter into contracts to provide the required services at Tenant's expense. Tenant shall pay to Landlord its pro-rata share of all operating costs and expenses incurred by Landlord in operating and maintaining the Property. Operating costs and expense shall include, without limitation, gardening and landscaping, exterior wall and roof maintenance, premiums for casualty, public liability and property damage insurance, repairs, parking lot striping/maintenance/repairs, exterior wall painting/sealing, lighting, sanitary control, sprinkler system maintenance/monitoring/repair, removal of snow, litter and other refuse, Hillside Owners Association dues and assessments, and the actual cost of personnel directly related to the Property's maintenance and operation, and twenty percent (20%) of all the foregoing for administrative and overhead costs of Landlord. Landlord shall not be responsible entitled to charge a management fee in addition to the foregoing. For purposes hereof, operating costs and expenses shall also include costs of replacement and other costs of a capital nature, provided such costs are amortized over the useful life of the replacement or capital item in accordance with generally accepted accounting principles. Operating expenses shall not include any cost of curing any violation of law, rule or regulation in effect as of the date of this Lease. The parties hereby agree that Tenant's pro-rata share of the operating costs and expenses for returning the apartment back Property is 26.4% inclusive of the portion of Hillside Owners Association dues and assessments charged to its original condition, or else the Premises. Operating costs and expenses for the Premises shall be liable determined by Landlord and billed to Tenant no less often than quarterly for any fiscal year Landlord may adopt for such purpose. Said xxxxxxxx shall include an itemized listing of costs incurred. Payments shall be due from Tenant to Landlord within thirty (30) days after receipt of remittance request from Landlord. Landlord shall maintain and, upon Tenant’s request, provide to Tenant reasonable supporting documentation for any item contained on the Landlord for the itemized listing of costs incurred at any time. However, said request shall not permit Tenant to withhold or delay payment of charges which have been billed. Notwithstanding the foregoing, if a discrepancy arises from said request and it is determined that Landlord has incorrectly billed for the operating costs and overhead, Landlord will be required to do so after reimburse Tenant vacateswithin thirty (30) days for said incorrect charges.

Appears in 1 contract

Samples: Lease Agreement (Tactical Solution Partners, Inc.)

Repairs and Maintenance. The Tenant shall (a) take good care By taking possession of the Apartment Premises, Tenant shall be deemed to have accepted the Premises as being in good and all equipment sanitary order, condition and fixtures repair, excepting the Punch List Items and latent defects in it; the construction done by Landlord, its agents, employees, contractors, and subcontractors. Except as provided in Section 11(c) (b) promptly make all necessary repairs pursuant to which Landlord is to undertake various repair and replacements whenever the need results from the Tenant's act of neglect or the neglect of maintenance), Tenant shall, at Tenant’s family memberssole cost and expense, guestsmaintain the Premises, visitors or contractors in clean and good condition and repair, ordinary wear and tear and casualty excepted. Without limiting the generality of the foregoing, Tenant shall be solely responsible for maintaining and repairing all fixtures, non-building standard electrical lighting (if consented identified as being non-building standard at the time that Landlord approves the Plans under the Lease Improvement Agreement), ceilings and floor coverings, doors, and interior walls within the Premises to by Landlord); (c) keep the Apartment and any other part extent the foregoing are nonstructural elements of the building Building, using the same quality of materials as used by in the Tenant as clean and safe as possible; and (d) promptly notify the Landlord when there are conditions which need repairoriginal construction. Landlord shall have a reasonable amount of time to make repairs. In addition, Tenant shall be responsible for reimbursing all repairs made necessary by Tenant or Tenant’s invitees, Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Landlord for Project outside of the Premises, unless such repair or maintenance is required due to acts of Tenant, its agents, employees, contractors and subcontractors and the cost thereof is not covered by insurance carried by Landlord or required to be carried by Landlord under this Lease. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (collectively, “Cabling”), except in the event that such would be required due to Landlord’s negligent acts or omissions. Tenant shall, at Tenant’s expense, contract with Pacific Xxxx or another reputable contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs that are not "normal wear and tear" repairsto the Building or to the mechanical, any such costs shall be considered additional rent; (e) shall not attach toelectrical or heating, hang from ventilating or place anything on the railings air conditioning systems of the patio Premises or deck; and ( f ) Tenant agrees not to install any partition walls. No outside contractor is authorized to perform any services at the Apartment or apartment complex Building, unless such repairs are previously approved in writing by a representative Landlord. Tenant waives the provisions of Sections 1931(1), 1941 and 1942 of the LandlordCalifornia Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs from the Rent due under this Lease, subject, however, to the terms of Section 11(d) below. If In no event shall Tenant contracts be responsible for any such services without written consent of the Landlordrepairs or replacements necessitated by ordinary wear and tear, damage by third party casualty or damage caused by Landlord or others for which Tenant is not responsible, nor shall Tenant be wholly responsible for the payment for correction or repair of any such service and shall hold latent defect in the Landlord harmless against Premises, or any claim made by a contractor who performs any such service at the request of the Tenant. Tenant shall also be responsible for returning the apartment back to its original condition, dilapidation or else shall be liable defect of which Landlord has actual knowledge prior to the Landlord for the costs incurred for the Landlord to do so after Tenant vacatesCommencement Date.

Appears in 1 contract

Samples: Standard Lease Agreement (Health Net Inc)

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