Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 3 contracts

Sources: Lease (Zentalis Pharmaceuticals, Inc.), Lease (Zentalis Pharmaceuticals, LLC), Lease (Zentalis Pharmaceuticals, LLC)

Repairs and Maintenance. 18.1. 19.1 Landlord shall repair and maintain in good working condition the structural and exterior portions and Common Area Areas of the Building and the ProjectProject and all Building systems and utilities, including including, without limitation, roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); foundations, exterior walls; , plumbing; , fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); , heating, ventilating, air conditioning, elevators; , and electrical systems installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses to the extent allowable under Article 8, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord outside the Premisescost of such repairs and maintenance. 18.2. 19.2 Except for services of Landlord, if any, required by Section 18.119.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear casualty excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B.or this Lease. 18.3. 19.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s an obligation pursuant to this Lease of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s)maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations 19.4 Repairs under this LeaseArticle 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 19. 18.5. 19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the ProjectProject and any related facilities. In the event of a casualty described in Article 24fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 24 23 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article19. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 3 contracts

Sources: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s its sole cost and expense maintain expense, will promptly make all replacements (as opposed to repairs and keep 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 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, in which event Tenant will bear the cost of 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 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 and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepteduntenantable for five (5) consecutive business days, and shallso 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 repair and maintenance of capital items), which 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, then, within ten (10) business days after receipt the expiration of written notice from Landlordsuch fifteen (15) day period, provide 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 any maintenance records that Landlord reasonably requests to the extent within or whether such item is not in need of replacement and is instead part of Tenant’s possession repair and maintenance of capital items. The losing party shall bear the 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 control or otherwise reasonably attainable 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 items warranted by Landlord as 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 condition and in a manner consistent with the standards prevailing from time to time in Comparable Class Buildings, except as to reasonable wear and tear. Tenant shall, upon the Upon expiration or sooner earlier termination of the Termthis Lease, Tenant will surrender and deliver the Premises to Landlord in as good a similar condition as when received, ordinary in which they existed at the commencement of this Lease excepting reasonable wear and tear excepted and damage arising from either an insurable casualty or any cause not required to be repaired by Tenant. Tenant shall be obligated to repair any damage incurred in connection with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) any removal of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expensefurniture, remove all telephone and data systemsequipment or other personal property by Tenant or its agents, wiring and equipment from the Premisesrepresentatives or employees, and 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 Premises caused therebyProject for 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 have no obligation apply) or damage resulting from an eminent domain taking (as to alterwhich Section 17 hereof shall apply). To the extent possible, remodel, improve, repair, decorate or paint Landlord will assign to Tenant the Premises or benefit of any part thereof, other than pursuant manufacturer’s warranties and guaranties with respect to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. items installed by Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized but to be made, maintained by Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and regarding the Project. In Landlord will obtain the event warranties and guaranties as may be expressly required in the final approved Construction Documents for the Premises. Landlord will use reasonable efforts to cause Tenant to be a third party beneficiary of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this ArticleLandlord’s construction contract with its general contractor. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 3 contracts

Sources: Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.)

Repairs and Maintenance. 18.1. 19.1 Landlord shall repair and maintain the structural and exterior portions and Common Area Areas of the Building and the Project, including including, without limitation, roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); foundations, exterior walls; , plumbing; , fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); , heating, ventilating, air conditioning, elevators; , and electrical systems (including, but not limited to, the emergency generator and any other UPS systems serving the Building) installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to the exclusions set forth in Article 10), unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord outside the Premisescost of such repairs and maintenance. 18.2. 19.2 Except for services of Landlord, if any, required by Section 18.119.1, and subject to the terms and conditions of Articles 25 and 26 below, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at damage due to casualty covered by Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused therebyinsurance excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions thereof except as provided in Section 19.1 of the Work Letter and as described in Exhibit B.this Lease. 18.3. 19.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s an obligation pursuant to this Lease of Landlord unless such failure shall persist for an unreasonable time (but not to exceed 30 days) after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s)maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.419.4 Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 19 and in Article 10. 19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 25 shall apply in lieu of this Article 19. 19.6 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting as long as such actions do not interfere with Tenant’s obligations under this Lease. 18.5. This Article relates to repairs Permitted Use and maintenance arising in the ordinary course of operation occupancy of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this ArticlePremises. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 3 contracts

Sources: Lease (Tocagen Inc), Lease (Tocagen Inc), Lease (Tocagen Inc)

Repairs and Maintenance. 18.1. Landlord 16.1 Subject to Landlord’s obligations set forth in Section 16.2 below, Tenant shall keep and service, repair and maintain the structural Premises in good condition, including the interior and exterior portions of the Leased Premises, all electrical, heating, air-conditioning equipment, plumbing, sprinkler system, wiring, piping, fixtures, doors, glass, floor covering, parking lot, fixtures, doors, glass, windows, lighting, snowplowing of driveways, signs, landscaping, equipment and Common Area appurtenances and any other repairs or replacements necessary to maintain and operate the Premises. Tenant shall supply janitorial services to the Leased Premises. Tenant shall be responsible for the maintenance of the parking lot including, but not limited to, patching, general cleaning or sweeping, and sealing and striping the parking lot and driveways. Notwithstanding the provisions of paragraph 5 above, in the event that Tenant replaces any major capital improvement in the Building and the Projectuseful life of the improvement is greater than the then remaining term of the Lease, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1extensions, Tenant shall have the additional option, exercisable by written notice to Landlord not more than thirty (30) days after the completion of the improvement in question, to extend the term of this Lease for a period equal to the useful life of the improvement. For this purpose, the useful life of an improvement shall be determined by an independent engineer or architect with experience in similar work who is selected by the mutual agreement of Landlord and Tenant and if they are unable to agree, by arbitration in accordance with Section 33 below. A “major capital improvement” shall mean an item (or a series of similar items) requiring an expenditure of greater than $50,000.00, which is properly accounted for as a capital item, and shall include such things as the replacement of furnaces, air conditioning units, elevators, the roof, windows, or parking lots. 16.2 Landlord shall, at Tenant’s its sole cost expense without reimbursement, maintain, repair and expense maintain replace all of the roof and keep structural components of the building (including the foundation, those portions of the exterior walls necessary for the structural integrity of the building, interior load bearing walls, joist, beams and other elements generally affecting the structural integrity of the building, but excluding doors, door frames, windows and window frames and the interior and exterior surfaces of walls) of the Premises and every part thereof (collectively, the “Structure”), in good condition and, to that end, shall make, at its expense, all replacements and repairrepairs, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to keep the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination Structure of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted safe repair and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expensecondition. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 2 contracts

Sources: Equity Purchase Agreement (Infrastructure & Energy Alternatives, Inc.), Equity Purchase Agreement (Infrastructure & Energy Alternatives, Inc.)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project(a) Tenant shall, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s its own sole cost and expense maintain and expense, keep the Premises and every part thereof in good condition order and repaircondition, damage thereto from ordinary normal wear and tear and damage covered by insurance excepted, at all times on and shall, within ten (10) business days after receipt commencement of written notice from Landlord, provide the Term to Landlord any maintenance records that Landlord reasonably requests to and including the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon date of the expiration or sooner termination of the Term, surrender by lapse of time or otherwise. Tenant shall promptly and adequately repair the Premises to Landlord and all its component parts, and replace or repair all landscaping and all damaged or broken fixtures, other than trade fixtures, and appurtenances. In addition, Tenant shall timely and properly maintain all of the Premises including, but not necessarily limited to, mechanical systems, electrical systems, plumbing and sewage systems, foundations and floor slabs, glazing systems, structural steel, masonry walls and wall enclosures, and water tightness of all curtain walls by a qualified stationary engineer or otherwise, in as good a condition as when received, ordinary wear and tear excepted and accordance with the Tenant Improvements greater standard of (i) the customary maintenance by prudent operators in the industry; (ii) that which is necessary so as not to void, diminish, or impair any warranty for such component from time to time in effect; and (iii) that which is necessary to preserve and protect the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion useful life of such workcomponent, ordinary wear and tear excepted; . In addition, Tenant shall maintain and shallrepair, or cause others to maintain and repair or replace, as the case may be, the roof, and repair any material defect in materials or workmanship relating to the foundation, columns, and structural steel which comprise a part of the Premises. Landlord, not more frequently than annually during the Term (except in the event of an emergency or extraordinary condition), may cause independent private inspectors, qualified in the specific discipline, to make inspections of any building and building systems on the Premises or segments thereof to determine Tenant's compliance under this Section. If the Tenant does not timely or properly perform repairs as above provided, Landlord may, but is not required to, after twenty (20) days' notice to Tenant, make such repairs, replacements or maintenance in a reasonably diligent fashion, and Tenant shall pay Landlord forthwith upon being billed for same by Landlord the cost thereof plus all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs, replacements and maintenance. Landlord may, but shall not be required to, enter the Premises personally or through independent contractors at all reasonable times upon reasonable notice (except in the case of an emergency) to inspect the Premises, and to make such repairs, alterations, improvements and additions to the Premises or to any equipment or fixtures located on the Premises as Landlord deems reasonably necessary and which Tenant failed to do as required in this Lease. (b) It is intended by Tenant and Landlord that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises (or the equipment therein), whether structural or nonstructural, all of which obligations are intended, as between Landlord and Tenant, to be those of Tenant. Tenant expressly waives the benefit of any statute now or in the future in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair. (c) Prior to the commencement of the Lease Landlord received an engineering study of the Premises performed by Eckl▇▇▇ ▇▇▇sultants Inc. Exhibit E attached hereto shows a list of those matters which must be corrected. Tenant agrees to correct the matters listed on Exhibit E, at Landlord’s request and Tenant’s 's sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to completed no later than the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.dates set forth on Exhibit E.

Appears in 2 contracts

Sources: Lease Agreement (Caterair International Inc /Ii/), Lease Agreement (Caterair International Inc /Ii/)

Repairs and Maintenance. 18.114.01. Landlord shall at its expense, maintain the Building in good repair and maintain condition, including but not limited to the structural maintenance and exterior portions and Common Area repair of the Building and the Projectroof, including roofing and covering materials; foundations (excluding any architectural slabsfoundation, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; air conditioning, heating, plumbing and electrical systems installed and structural components. Tenant will not in any manner deface or furnished injure the Building, and will pay the cost of repairing any damage or injury done to the Building or any part thereof by Landlord outside the Premises. 18.2Tenant or Tenant’s agents, employees or invitees. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain take good care of the Premises and keep the Premises free from waste and every part thereof nuisance of any kind. Tenant shall keep the Premises, including all fixtures installed by Tenant and any plate glass and special store fronts, in good condition and repaircondition, damage thereto from ordinary reasonable wear and tear and damage caused by casualty excepted, and shallmake all necessary non-structural repairs except those caused by fire, casualty or acts of 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), 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 occurrence of the damage or injury, Landlord may at its option make such repair, and Tenant, shall within ten thirty (1030) business days after receipt of written notice from Landlordrequest therefor, provide to pay Landlord any maintenance records that Landlord reasonably requests to for the extent within Tenant’s possession cost thereof. At the end or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner other termination of the Termthis Lease, surrender Tenant shall deliver up the Premises to Landlord with all improvements located thereon (except as otherwise herein provided) in as good a condition as when receivedrepair and condition, ordinary reasonable wear and tear excepted and with the Tenant Improvements damage caused by casualty excepted, and the shall deliver to Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from keys to the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 2 contracts

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

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area Areas of the Building and the Project, including including, without limitation, roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); foundations, exterior walls; , plumbing; , fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); , heating, ventilating, air conditioning, elevators; , and electrical systems installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 18.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord outside the Premisescost of such repairs and maintenance. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B.Section 4.2 hereof. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s an obligation pursuant to this Lease of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s)maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations Repairs under this LeaseArticle 18 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 18. 18.5. This Article 18 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the ProjectProject and any related facilities. In the event of a casualty described in Article 24fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 24 22 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article18. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 2 contracts

Sources: Lease (Receptos, Inc.), Lease (Receptos, Inc.)

Repairs and Maintenance. 18.1. Landlord The University shall repair and maintain the structural Apartment (including the electrical, plumbing, sanitary, and exterior portions and Common Area heating systems) in reasonable repair, except when damage has been caused by the misconduct or the negligent act or omission of the Building Leaseholder or of any Occupant or Guest. The University shall maintain the Apartment in compliance with applicable health and safety laws, except when a health or safety violation has been caused by the Project, including roofing misconduct or the negligent act or omission of the Leaseholder or of any Occupant or Guest. The University will maintain all lawns. Each Leaseholder is responsible for the removal of snow from around their individual apartment doors and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect on sidewalks leading to any server room the main sidewalk. The University will remove snow from all University streets and sidewalks which run parallel to University streets. Light fixtures provided by the University will have operating light bulbs on the Lease Occupancy Date. It is the Leaseholder's responsibility to replace all burnt out light bulbs in the Premises); elevators; Apartment with bulbs of the same type and wattage, excluding those which are fluorescent bulbs or part of University-owned appliances. Routine maintenance and repairs will be completed during normal business hours. Emergency repairs, as determined by Facilities and/or Housing personnel, will be completed as soon as possible. The request for maintenance serves as authorization to enter the Apartment and complete requested work. Leaseholder shall promptly notify the University of any (a) malfunctioning or inoperable security, alarm or detection devices, (b) malfunctioning water fixtures, clogged drains, clogged water/sewer lines, or water leaks, (c) broken or missing locks, latches, or screens, (d) electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlordproblems, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted(e) malfunctioning appliances, and shall(f) any other condition that poses a hazard to property, within ten (10) business days after receipt of written notice from Landlordhealth, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenantsafety. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear The University will act with customary and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure reasonable diligence to make any repairs necessary repairs. The University may turn off equipment and interrupt utilities if reasonably necessary to avoid property damage or to perform work. The University's duty of maintaining the premises is not breached should any maintenance that is Landlord’s obligation pursuant delay in performing repairs, interruption, breakdown or disrepair be due not to this Lease unless the University's negligence; but to conditions beyond its control, including, but not limited to, interference by ▇▇▇▇▇▇▇▇▇▇▇ with the University's ability to take corrective action, lack of reasonable opportunity to correct such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice condition, disaster or other acts of nature, or the need University's lack of knowledge of such repairs conditions. The Leaseholder is responsible for payment of all repair and cleaning charges made necessary by negligence or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s)carelessness. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall Repair and cleaning charges will be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email billed to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting TenantLeaseholder’s obligations under this LeaseUniversity account. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 2 contracts

Sources: University Apartment Lease Agreement, University Apartment Lease Agreement

Repairs and Maintenance. 18.1. Landlord Tenant shall repair and maintain the structural and exterior portions and Common Area Premises in as good a condition as exists at the commencement of the Building and the Projectthis Lease, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt shall keep all areas of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, both inside and repair outside, clean, sanitary and free from any accumulations of debris, filth, rubbish and garbage. Tenant shall be responsible for any damage to the Premises beyond ordinary wear and tear or caused therebyby the negligence or willful act of Tenant or Tenant’s agents, contractors, visitors and guests. Landlord Ripped and stained carpet, holes in the wall, dented appliances, broken latches or hinges are examples of damage that would be above normal wear and tear. Tenant is requested to use any of the numerous products to affix items to the walls other than nails, wall anchors, screws and the like to avoid holes. Tenant is required to patch all holes prior to moving out. Manager shall have no obligation the right to alter, remodel, improve, repair, decorate repair such damage and Tenant shall reimburse Manager within five (5) days after demand therefor. Tenant agrees to notify Manager promptly of all required repairs in writing via tenant portal and consents to the entry of Manager on or paint about the Premises to make repairs. Tenant shall test at least once every six (6) months and replace batteries as needed in any smoke alarm or smoke detector provided by Manager and shall notify Manager in writing of any part thereof, other than pursuant to the terms and provisions of the Work Letter and operating deficiencies as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s)ORS 479.275. Tenant waives its rights under Applicable Laws now shall replace any lost or hereafter damaged garage door openers provided to Tenant. Tenant shall replace missing or burned out light bulbs, filters for HVAC, fridge and other items used/consumed by Tenant. Tenant shall take reasonable steps to prevent the freezing of any pipes or well lines during cold weather periods. Tenant is responsible for maintaining the landscaping to city and HOA code unless the Premises include either private or HOA landscaping services. Tenant is required to adequately keep yard and shrubs in effect green healthy condition. Failure to make repairs at Landlord’s expense. 18.4water adequately to keep plants and shrubs alive will be Tenant financial responsibility. If any excavation shall be made upon land adjacent to or under Summertime watering is required. Upon vacating the Building, or shall be authorized to be madePremises, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter must leave the Premises clean and follow Manager’s “Tenant Cleaning Checklist for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this LeaseVacating Property. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 18.19.1. Landlord shall repair shall, throughout the Term, and maintain at its expense, make all necessary repairs to the structural exterior walls or foundations and exterior portions footings and Common Area to the roof of the Building Building, after being notified in writing by Tenant of the need for such repairs (and shall respond as promptly as reasonably possible in the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabscase of emergencies); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room provided, however, that in the Premises); elevators; event the repairs required are necessitated as a result of the negligence or misuse by Tenant, its agents, servants, employees, licensees or guests, or by any contractor engaged by or on behalf of Tenant, such maintenance and electrical systems installed or furnished by Landlord outside repairs shall be at the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear exceptedof Tenant, and shall, Tenant shall reimburse Landlord within ten (10) business days after receipt of written notice from Landlord, provide to demand therefore for any expenses incurred by Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenantin connection therewith. 9.2. Tenant shall, upon throughout the expiration or sooner termination Term and at its expense, 9.2.1. take good care of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, the rest of the Improvements, the Building Equipment and the rest of the Promises and keep them in good order and condition (including but not limited to mowing lawn upon the Premises and trimming and otherwise caring for any trees, shrubbery or shall be authorized to be madeother landscaping thereon, Tenant shallon a regular basis, upon forty-eight (48) hours’ prior notice (which may be oral or by email and keeping the Premises in a clean and orderly condition, free of accumulation of dirt and rubbish), clearing of all ice and snow from the Premises and maintenance and repair of all driveways, walkways, curbs, gutters, lighting systems and security systems and fencing; and 9.2.2. promptly make all repairs to the office manager or other TenantBuilding, the rest of the Improvements, the Building Equipment and the rest of the Premises needed to maintain them in a first-designated individual at the Premises; class condition (including but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford not limited to any and all such repairs to the person causing or authorized to cause such excavationplumbing, license to enter heating, ventilating, air-conditioning, electrical and other systems on the Premises for the purpose furnishing of performing such work as such person shall deem necessary or desirable any Utility Service to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this LeasePremises). 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project9.3. In the event that Landlord shall fail to maintain or repair the Premises as required hereunder and shall not cure the same within ten (10) days after written notice from Tenant of a casualty described Landlord's failure to do so, or such longer period as may be necessary in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domainthat the same cannot reasonably be accomplished within said ten (10) day period provided Landlord commences to take such action and thereafter diligently completes the same within such period as is reasonable under the circumstances, Article 25 Tenant shall apply in lieu of this Article. 18.6. Costs have the right to undertake and complete said work and may maintain a separate action against the Landlord to recover from Landlord the reasonable costs thereof incurred by Landlord pursuant to this Article shall constitute Operating ExpensesTenant should the obligation have been Landlord's in the first instance.

Appears in 1 contract

Sources: Lease (Denali Inc)

Repairs and Maintenance. 18.1▇▇▇▇▇▇ has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations any dangerous condition or need for maintenance existing in Premises. Landlord’s maintenance procedures (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises“Maintenance Exhibit”) is available at ▇▇▇▇▇://▇▇▇. 18.2. Except for services of Landlord, if any, required by Section 18.1▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/files/Exhibit%20A%20- %20Maintenance%20Exhibit.pdf , Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records acknowledges that Landlord reasonably requests may change or update the Maintenance Exhibit from time to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu any conflict between the Maintenance Exhibit and the terms of this ArticleLease, the terms of the Maintenance Exhibit shall prevail. In The Maintenance Exhibit is incorporated into the event of eminent domain, Article 25 shall apply in lieu provisions of this Article. 18.6Lease by reference thereof. Costs Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period, thereafter, repair the following: (1) all defects in Premises which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises in a state of disrepair. Except as provided above, ▇▇▇▇▇▇ agrees to maintain Premises in the neat, sanitary, and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises caused by ▇▇▇▇▇▇ and ▇▇▇▇▇▇’s invitees, licensees, and guests’ abuse or neglect of the Premises. Any expenses incurred by Landlord pursuant to remedy any violations of this Article provision shall constitute Operating Expenses.be paid by Tenant to Landlord as Additional Rent within fourteen

Appears in 1 contract

Sources: Residential Lease Agreement

Repairs and Maintenance. 18.1. Landlord shall repair and maintain 12.2.1 During the structural and exterior portions and Common Area of the Building and the ProjectLease Term, including roofing and covering materials; foundations (excluding any architectural slabsTenant, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep expense, shall be responsible for Routine Maintenance of the Leased Premises and every part thereof landscaping, lawn services and all other grounds or similar maintenance of the grounds on the Leased Premises. If, during the Lease Term, Tenant’s failure to perform its obligations under this Section 12.2.1 is reasonably likely to result in good condition criminal or civil liability to Landlord or additional damage to the Leased Premises, then Landlord may make any repairs and repair, damage thereto from ordinary wear and tear exceptedalterations required to limit such liability or damage, and shallin such case, Tenant shall promptly reimburse Landlord for any costs and expenses that Landlord may incur in making such repairs and alterations in and to the Leased Premises. 12.2.2 Except as specifically set forth in this Section 12.2.2, neither Landlord nor Tenant shall be responsible for any Major Repairs during the Lease Term. However, if any Major Repairs are required to remedy any condition posing an imminent threat to human health or safety or otherwise reasonably likely to result in criminal or civil liability to Landlord (a “Required Major Repair”), Tenant may elect to perform such Required Major Repair within ten (10) business days after receipt of written notice from Landlord of the need for such Required Major Repair. If Tenant promptly commences and diligently pursues the Required Major Repair within such ten (10) day period, Landlord shall reimburse Tenant for fifty percent (50%) of the cost of such Required Major Repair, which reimbursement shall be made within thirty (30) days after the completion of such work and delivery of lien waivers reasonably satisfactory to Landlord. If Tenant does not promptly commence and diligently pursue such Required Major Repair within such ten (10) day period, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, this Lease shall automatically terminate upon the expiration or sooner termination of such ten (10) day period. As of the Termdate of this Lease, surrender Landlord and Tenant acknowledge that no condition requiring a Required Major Repair exists. Tenant shall give Landlord prompt notice of any condition requiring a Required Major Repair. For the Premises to Landlord in as good a condition as when receivedavoidance of doubt, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, (at Landlord’s request and Tenant▇▇▇▇▇▇’s sole cost and expense) shall be responsible for remedying any condition posing an imminent threat to human health or safety or otherwise reasonably likely to result in criminal or civil liability to Landlord, remove all telephone and data systems, wiring and equipment from in which the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions cost of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any necessary repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expensereplacements are less than $100,000. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Matrix Service Co)

Repairs and Maintenance. 18.1. (a) 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 repair keep and maintain the structural Premises in good order and exterior portions condition wear and Common Area 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 ProjectPremises. If either Tenant or Landlord (at Tenant’s request) installs and/or operates HVAC equipment which is not part of the HVAC system required to provide the HVAC services specified in Section 7 of this Lease, including roofing 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 covering materials; foundations (excluding any architectural slabssafe manner and in proper operating condition throughout the Term and, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; Tenant’s Supplemental HVAC, under a service contract with a firm and electrical systems installed or furnished by upon such terms as may be reasonably satisfactory to Landlord, including inspection and maintenance on at least a semiannual basis, and provide Landlord outside the Premises. 18.2with a copy thereof. Except for services 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 directly by Section 18.1reason of the installation, Tenant shall at maintenance, and operation of Tenant’s sole cost Supplemental HVAC and expense maintain and keep Alterations other than the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Leasehold Improvements shall be Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of an emergency, such as a casualty described burst waterline or act of God, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but in Article 24such case Landlord shall provide notice to Tenant as soon as practicable thereafter, Article 24 and Landlord shall apply take commercially reasonable steps to minimize the costs incurred. (b) Landlord, at Landlord’s expense (except to the extent such expenses are includable in lieu Project Expenses), shall keep and maintain the following in good order and condition (consistent with the quality of labor and materials used in the other Class A Projects) and repair defects in, damage to, and make all necessary repairs to: (i) the footings and foundations and the structural elements of the Building and Parking Garage; (ii) the roof of the Building; (iii) the systems, including, but not limited to, HVAC, plumbing, elevators, electric, fire protection and fire alert, storm water and other drainage, and access systems within or upon or about the Building and Parking Garage for service to the Building, Premises, and Common Areas, but specifically excluding Tenant’s Supplemental HVAC and Alterations other than the Leasehold Improvements; (iv) the Building and Parking Garage exterior including, but not limited to, the exterior walls and windows; (v) the Common Areas including, but not limited to, the Parking Garage, driveways, sidewalks, and any other improvements, and systems (such as irrigation) or landscaping on the Land; and (vi) bathrooms in the Premises (collectively, “Landlord Repairs”). Any provision of this Article. In Lease to the event contrary notwithstanding, any repairs to the Project or any portion thereof made necessary by the negligent or willful act or omission of eminent domainTenant or any employee, Article 25 agent, subtenant, contractor or invitee of Tenant shall apply be made at Tenant’s expense unless such maintenance or repair is otherwise covered by Landlord’s insurance or would have been covered by Landlord’s insurance had Landlord obtained the insurance required in lieu of this ArticleSection 12, subject to the waivers set forth in Section 12(c). 18.6(c) The parties agree it is in their mutual best interest that the Building and Premises be operated and maintained in a manner that is environmentally responsible, fiscally prudent, and provides a safe and productive work environment. Costs incurred Accordingly, Tenant shall use commercially reasonable efforts to conduct its operations in the Building and within the Premises to: (1) minimize to the extent reasonably feasible: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the amount of material entering the waste stream; and (iv) negative impacts upon the indoor air quality of the Building; and (2) permit the Building to maintain its LEED rating and an Energy Star label, to the extent applicable. Landlord shall use commercially reasonable efforts to operate and maintain the Common Areas of the Building to: (1) minimize to the extent reasonably feasible: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the amount of material entering the waste stream; and (iv) negative impacts upon the indoor air quality of the Building; and (2) permit the Building to maintain its LEED rating and an Energy Star label, to the extent applicable, the costs of which shall be included in Project Expenses (except to the extent otherwise not permitted). Notwithstanding anything contained in this Lease to the contrary, in no event shall Tenant be required to take any action, make any effort, and/or incur any cost to seek or achieve a LEED rating for the Premises (including the Initial Premises, the First Must-Take Premises, the Second Must-Take Premises, and additional space, if any, leased by Tenant) or maintain a LEED rating for the Premises if Landlord pursuant to this Article shall constitute Operating Expensesseeks or achieves a LEED rating for the Premises.

Appears in 1 contract

Sources: Lease (Sailpoint Technologies Holdings, Inc.)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of 14.01 Throughout the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shallTenant, at Landlord’s request and Tenant’s its sole cost and expense, remove all telephone and data systemsassumes full responsibility for the condition, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improveoperation, repair, decorate or paint the Premises or any part thereofreplacement, other than pursuant to the terms maintenance, and provisions management of the Work Letter Property. Tenant shall, at its sole cost and as described expense, be responsible for: keeping the Building and other improvements erected on the Land in Exhibit B. 18.3. Landlord shall good order and repair (reasonable wear and tear and damage by casualty and condemnation excepted) whether or not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of for such repairs occurs as a result of Tenant’s use, the elements, or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the age of the Building, the Property or Tenant’s Property, or otherwise (but excluding the negligence or willful misconduct of Landlord or its agents, contractors, employees or representatives) and will commit or allow no waste with respect thereto and with reasonable promptness, make all necessary and appropriate repairs and replacements thereto of every kind and nature, including without limitation those necessary to ensure continuing compliance with all Laws and insurance requirements, whether interior and exterior, structural and nonstructural, ordinary and extraordinary, and foreseen and unforeseen. Tenant’s maintenance, repair and replacement obligations shall extend to and include, without limitation, the roof of the Building, all systems serving the Demised Premises and, subject to any Permitted Encumbrances, all parking areas and landscaping on the Property. The necessity for and adequacy of repairs to the Building or other improvements forming a part of the Demised Premises shall be authorized comparable to those that would be madecustomary and reasonable in comparable buildings of similar construction and class, provided that, in no event, shall Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to repair or maintain the person causing Demised Premises to a higher or authorized to cause such excavation, license to enter better condition than that of the Demised Premises for the purpose following completion of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s Work. Tenant’s obligations under this Lease. 18.5Section 14.01 shall, without limitation, include the maintenance, repair and replacement (a) at all times, of any and all building systems, machinery and equipment which exclusively serve the Demised Premises, and (b) the bearing walls, floors, foundations, roofs and all structural elements of the Demised Premises. This Article relates Tenant will not take or omit to take any action the taking or omission of which would reasonably be expected to create (or permit to continue) any condition which might reasonably be expected to involve any imminent loss, damage or injury to any person or property. All repairs and maintenance arising replacements shall be in quality and class at least equal to the Building as of the Commencement Date or the original Tenant’s Work to be performed by Tenant pursuant to this Lease, as applicable, and shall be made reasonably promptly as and when necessary. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to make a replacement of any item in the ordinary course event that a repair will provide adequate functionality to the item and would be customary and reasonable in comparable buildings of operation similar construction and class. Repairs and replacements called for as a result of fire or other casualty and condemnation shall be made pursuant to the provisions of Sections 21 and 22, respectively. In connection with the foregoing, but in no way expanding Tenant’s obligations hereunder and subject to Section 14.03, Tenant’s obligations shall include without limitation with respect to the Demised Premises, to the extent applicable: (1) Maintaining, repairing, and replacing, as necessary, the roof of the Building on the Demised Premises; (2) Maintaining and repairing the bearing walls, floors, foundations, and all structural elements of the Building; (3) Maintaining (including periodic washing and painting) and repairing the storefront, facade and exterior walls of the Building; (4) Repairing and replacing, as necessary, the doors (including, without limitation, any overhead doors) and windows of the Building, and the Projectmechanisms therefor; (5) Causing the regular removal of garbage and refuse from the Demised Premises; (6) Causing the regular spraying for and control of insect, rodent, animal and pest infestation, and maintaining in good working order and condition all doors (both swinging and roll-up doors), including, without limitation, all weather seals; (7) Servicing, maintaining, repairing and replacing all equipment on the Demised Premises, including, without limitation, heating, ventilation, and air-conditioning equipment, fuel tanks, generators and uninterrupted power supplies; (8) Regular sweeping, cleaning and removal of trash, debris, other materials and stains from the Demised Premises and from the immediately adjacent sidewalks, service drives and loading or delivery areas, if any, of the Demised Premises, as necessary to keep the same clean and in good order and condition; (9) Regular sweeping, cleaning and washing of the interior of the Building, including, without limitation, floors, windows and fixtures, and periodic washing and painting of interior walls; (10) Repairing broken, damaged or leaking walls, bathrooms, roofs, or fixtures and equipment in the interior of the Building, including, without limitation, plate glass windows, windows, floors and lighting fixtures; (11) Irrigating and performing all gardening and landscaping of all lawns, trees, shrubs and plantings immediately adjacent to the Building or in any parking areas located on the Demised Premises; and (12) Tenant shall maintain a contract on at least an annual basis for regular servicing and maintenance (at least once annually) of the heating, ventilating, air conditioning and vertical transportation systems serving the Building, unless Landlord shall otherwise direct. In Upon written request of Landlord, Tenant shall submit to Landlord a copy of such fully paid contract and any extensions, renewals or replacements thereof. At a minimum, each maintenance contract for any such equipment shall include a provision that such contractor shall be required to coordinate any activities performed on the event roof of the Building by a casualty described roofing contractor, so as to not void any roof or related warranties. 14.02 Except to the extent caused by the negligence or willful misconduct of Landlord or its agents, contractors, employees or representatives, any affirmative acts in connection with work performed by Landlord or as expressly provided herein, Landlord shall not be required to furnish any services or facilities or make any repairs or alterations in or to the Demised Premises, and Landlord shall not under any circumstances be required to (i) build or rebuild any improvements on the Demised Premises; (ii) make any repairs, replacements, alterations, restorations or renewals of any nature to the Demised Premises, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto; or (iii) maintain the Demised Premises (including any parking which is part of or adjacent thereto) in any way. Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises, except as expressly set forth herein. However, on default of Tenant beyond the expiration of any applicable notice and cure periods in making such repairs or replacements, Landlord may, but shall not be required to, upon fifteen (15) additional days’ notice to Tenant, make such repairs and replacements for Tenant’s account and the expense thereof shall be paid by Tenant to Landlord upon demand with interest at the Default Rate. 14.03 Except as expressly set forth herein, nothing contained in this Lease and no action or inaction by Landlord shall be construed as (i) constituting the consent or request of Landlord, expressed or implied, to any contractor, subcontractor, laborer, materialman or vendor to or for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration, addition, repair or demolition or maintenance of or to the Demised Premises or any part thereof or any improvements thereto; or (ii) giving Tenant any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Landlord in respect thereof. 14.04 Notwithstanding anything to the contrary contained herein, if Tenant’s obligations under this Article 2414 require Tenant to make any Capital Repairs (as hereinafter defined) during the last two Lease Years of the Term, Article 24 then Tenant shall apply in lieu not be required to make any such Capital Repairs and such failure shall not be a breach of this ArticleLease by Tenant at that time or upon surrender of the Demised Premises, provided the Demised Premises remain in working condition. In the event of eminent domain, Article 25 shall apply in lieu For purposes of this ArticleLease, “Capital Repair” shall mean the repair or replacement of any item, which repair or replacement would be amortized over its useful life in accordance with U.S. generally accepted accounting principles. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (GX Acquisition Corp.)

Repairs and Maintenance. 18.1Landlord shall be responsible for all structural repairs, including repairs to the structure, foundation, roof, exterior walls, exterior doors, glazing systems and load-bearing walls of the Building, for maintaining the parking area and sidewalks, and the Common Areas (as hereinafter defined) in the Building. Landlord shall also be responsible for repairing damage to non load-bearing walls caused by structural defects. Landlord will provide elevator maintenance service and service to building core electric, fire protection and plumbing. The Tenant shall be responsible for the maintenance and repair of the Premises and all fixtures, appliances and equipment therein, including, but not limited to, the Heating and Air Conditioning system. Landlord will pay for major Heating and Air Conditioning component replacement and all repairs to the heating and air conditioning system in excess of Two Hundred Fifty Dollars ($250.00) per occurrence/ per Heating and Air Conditioning unit. Tenant shall also provide its own char service. Landlord will repair and maintain replace any glass breakage, provided it is not the structural result of the Tenant's willful or negligent act. Tenant, at its sole expense, shall keep all Tenant fixtures and exterior portions equipment in the Premises in safe and Common Area of sanitary condition and good working order and repair, together with related plumbing, electrical or other utility service, whether installed by Tenant or by Landlord on Tenant's behalf. Tenant shall pay for all damage to the Building and any fixtures and appurtenances related thereto due solely to the Projectmalfunction, including roofing lack of repair, or improper installation of the Tenant's fixtures and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); equipment. Landlord warrants that the HVAC systems (but excluding any supplemental cooling system installed with respect to any server room will maintain at a temperature of 74(Degrees)F +/- 3(Degrees)F in the Premises); elevators; summer and electrical systems installed or furnished 72(Degrees)F +/- 3(Degrees)F in the winter. Based on original equipment loads by Tenant, the Landlord outside also warrants that the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep relative humidity in the Premises and every part thereof will be no higher than 50% during summer months. Exceptions to these conditions may occur in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s's cage wash area(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Entremed Inc)

Repairs and Maintenance. 18.1. Landlord shall A. Tenant covenants throughout the term, at its expense, to maintain in good order and repair and maintain the structural and exterior portions and Common Area interior structure of the Building Leased Premises, and the Projectto maintain and replace when necessary, including roofing all window and covering materials; foundations (excluding any architectural slabsdoor glass therein, interior and exterior, to maintain and repair all building service equipment therein including, but including any structural slabs)not limited to, electrical, plumbing, heating, air conditioning and sprinkler equipment, pipes, wires, ducts, fixtures and appliances; exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to make all ordinary and necessary repairs to any server room of the foregoing; to keep the Leased Premises in a safe, clean, and sanitary condition; to provide for the Premises); elevatorsremoval of trash and rubbish; and electrical systems installed or furnished by Landlord outside to surrender the Premises. 18.2. Except for services Leased Premises at the end of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof term in as good condition and repair, damage thereto from as when received except for ordinary wear and tear excepteduse, fire or other unavoidable casualty. B. Landlord will provide, at Tenant's expense, for inspection at least once each calendar quarter, of the heating, air conditioning and ventilating equipment (which inspection shall encompass the work described on Exhibit "E" attached hereto and made a part of), and shall, provide for necessary repairs thereto. Landlord will provide Tenant with copies of all service calls and reports within ten thirty (1030) business days after receipt any service call. C. Landlord agrees to perform at its expense, maintenance, repair and replacement to the exterior and structural portions of written notice from the Building, all utility and Building systems not exclusively serving the Leased Premises and those located outside of the Leased Premises, the Common Areas, and the roof, gutters, downspouts, roof membrane, flashing and floor slab, except when such repairs are necessitated by negligence of the Tenant. D. During the Initial Lease Term, the repair and replacement of capital items such as the roof, structural elements of the Building, HVAC system components, utility connections, re-paving of parking lots and paved areas, etc. are to be the expense and responsibility of the Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable with no reimbursement by Tenant. Tenant shallThereafter, upon the expiration during any extension or sooner termination renewal of the Lease Term, surrender the Premises cost of these items are to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premisesbe amortized over their useful life, and repair any damage to only the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions annual amortized portion of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation these costs shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if "Annual Amortized Costs" passed through as an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this LeaseAnnual Operating Expense. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Astropower Inc)

Repairs and Maintenance. 18.13.1 OVERVIEW 1. Landlord shall repair and maintain The property named above is accepted by the structural and exterior portions and Common Area Lessee in good condition. ▇▇▇▇▇▇ acknowledges that at the start of the Building lease agreement, the premises is free of mold and mold related conditions. In the Projectevent mold, including roofing water leaks or water damage is discovered, Lessee must notify landlord immediately by submitting a maintenance request online via the tenant portal. ▇▇▇▇▇▇ agrees if a problem is found to give landlord a minimum of 30 calendar days to remedy. Any damages to the property being leased must be reported to the Lessor online through the tenant portal within seven days of taking possession of the property. The Lessee further agrees to allow no damages to occur to the property. All problems/repairs must be reported to Main Street Real Estate Group in writing via the Main Street Real Estate Group website and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in tenant portal. ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Reported damages which are the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services result of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear exceptedwill be repaired by Main Street Real Estate Group. Damages which are the result of the negligence of the Lessee or the Lessee’s guests, and shalllicensee’s or invitees will be repaired by Main Street Real Estate Group, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests but will be billed to the extent within Tenant’s possession or control or otherwise reasonably attainable Lessee and must be paid by Tenantthe Lessee immediately. Tenant shall, upon Examples of repairs which are not the expiration or sooner termination result of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and which will be the responsibility of the Lessee are: air conditioning repairs caused by not changing air conditioning filters monthly, sewer blockages (other than roots in the sewer line), broken glass (regardless of cause), frozen pipes, broken or missing screens and/or any other damage which is caused by the actions or the inactions of the Lessee. If the property includes a refrigerator with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premisesa water line and/or ice maker, and repair said items are found to not be functional, the refrigerator will not be replaced as long as the unit is otherwise functional. Main Street Real Estate Group is NOT responsible for changing water filters in refrigerators. Tenant will do this at their expense. 2. The Lessor or his agents may enter the premises at any damage time to the Premises caused thereby. Landlord shall have no obligation make emergency repairs or during normal daylight hours to alter, remodel, improveinspect, repair, decorate or paint maintain the Premises property, or to show the premises to prospective tenants, or buyers, or other agents deemed appropriate by Lessor. Lessor will give Lessee at least 24 hours’ notice to entering property unless it is deemed an emergency then Lessor is authorized to enter at any part thereoftime. Phone calls, other than pursuant to the terms and provisions texts or e-mailed messages are considered notice. Lessor is not responsible for Lessee not checking messages. ▇▇▇▇▇▇ acknowledges that Lessor will be conducting quarterly inspections of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseproperty. 18.43. If any excavation shall be made upon land adjacent We or some vendor may not call before entering your home. Your request to or under the Building, or shall be authorized submit a maintenance request/ticket is giving us/ vendors permission to enter your home. Please do not submit your request/ticket unless you are ready for your home to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5serviced. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.Initial Here

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 18.1. 18.1 Landlord shall shall, at its own cost and expense, and without any cost or expense to Tenant, promptly (i) repair any defects in the design, materials or construction of the Project Work pursuant to the extent of its warranties set forth in Section 14.3, and (ii) make any necessary improvements to the Premises to comply with requirements of applicable covenants and restrictions, underwriter requirements, or laws applicable to the Premises as of the Term Commencement Date. 18.2 Landlord shall, throughout the term of this Lease, subject to reimbursement from Tenant as Operating Expenses to the extent set forth in Article 7, keep and maintain the structural in good, sanitary and exterior portions neat order, condition, and Common Area of the Building and the Projectrepair, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof other than Tenant's property which is removable by Tenant at the termination of the Lease pursuant to Section 30.3 ("Tenant's Removable Property") (subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), and any portion of Tenant's Removable Property as Tenant may from time to time request. Without in any way limiting the foregoing, Landlord shall maintain the lines designating the parking spaces in good condition and repairpaint the same as often as may be necessary, damage thereto so that they are easily discernible at all times; resurface the parking areas as necessary to maintain it in good condition; paint any exterior portions of the Building as necessary to maintain them in good condition; and maintain the roof in good condition. The parties hereto contemplate that Landlord's maintenance responsibilities will for the most part be fulfilled through the use of third-party service contracts, including service contracts for elevator maintenance, HVAC maintenance, commercial sweeping, landscape maintenance, pest control, exterior trash removal, exterior window washing, and certain fire, life and safety servicing. Tenant reserves the right to require Landlord to change service providers from ordinary time to time if Tenant is dissatisfied with cost or performance, and Tenant reserves the right to assume any such duties itself. 18.3 Except as otherwise set forth in Section 18.2, Tenant shall, throughout the term of this Lease, at its own cost and expense and without any cost or expense to Landlord, keep and maintain that portion of the Tenant Improvements constituting Tenant's Removable Property in good, sanitary and neat order, condition, and repair (subject to wear and tear exceptedconsistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), and shall, within ten (10) business days after receipt of written notice from Landlord, shall provide its own janitorial and security services. 18.4 Tenant hereby waives Civil Code Sections 1941 and 1942 relating to Landlord any maintenance records that Landlord reasonably requests a landlord's duty to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender maintain the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premisestenantable condition, and repair under said sections or under any damage to the Premises caused thereby. Landlord shall have no obligation to alterlaw, remodel, improve, repair, decorate statute or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws ordinance now or hereafter in effect to make repairs at Landlord’s 's expense. 18.418.5 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 Premises, or in or to improvements, fixtures, equipment and personal property therein, provided that (i) such repairs, alterations or 21 improvements are not occasioned by the negligence or willful and wanton misconduct of Landlord, and (ii) Landlord makes commercially reasonable efforts to comply with its repair and replacement obligations under this Article 18 at such times and in such manner as do not unreasonably interfere with Tenant's use or occupancy of the Premises. If any excavation shall be made upon land adjacent repairs or replacements become necessary which by the terms of this Lease are the responsibility of Tenant and Tenant fails to make the repairs or under the Buildingreplacements, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which Landlord may be oral or by email do so pursuant to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose provisions of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under Section 24.3 of this Lease. 18.5. This Article relates 18.6 Because of security and operational concerns, access to repairs and maintenance arising in the ordinary course of operation interior of the Building by service providers shall be allowed only upon reasonable advance notice to Tenant, and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articleupon such reasonable conditions as may be imposed by Tenant. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease (Globix Corp)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain 11.1 Throughout the structural and exterior portions and Common Area Term of the Building and the Projectthis Lease, including roofing and covering materials; foundations (excluding any architectural slabsLessee, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s its sole cost and expense maintain expense, will keep and keep maintain, or cause to be kept and maintained, the Demised Premises (including the grounds, sidewalks and every part thereof curbs abutting the same) and the Personal Property in good order and condition without waste and repair, damage thereto from in suitable state of repair at least comparable to that which existed immediately prior to the Commencement Date (ordinary wear and tear excepted, subject to Lessee's obligation to repair and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to replace the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord same in as good a condition as when received, ordinary wear and tear excepted and accordance with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) terms of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premisesthis Lease), and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate will make or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized cause to be made, Tenant shallas and when the same shall become necessary, all structural and nonstructural, exterior and interior, replacing, repairing and restoring necessary to that end. All replacing, repairing and restoring required of Lessee shall be (in the reasonable opinion of Lessor) of quality at least equal to the original work and shall be in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the Demised Premises as a Medicare and Medicaid certified skilled and/or intermediate care nursing home having no less than one hundred twenty-seven (127) licensed, and Medicaid certified beds. 11.2 Any items of Personal Property that are uneconomical to repair shall be replaced by new items of like kind and all replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the property of Lessee. Lessee shall remove such additional property upon forty-eight (48) hours’ prior notice (which termination or expiration of this Lease provided that Lessee shall make such necessary repairs or replacements as may be oral or by email required in order to return the Demised Premises to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford condition which existed prior to the person causing or authorized to cause such excavation, license to enter removal of the Premises for the purpose additional property. 11.3 Provided there is not an Event of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same Default by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations Lessee under this Lease. 18.5. This Article relates , Lessee shall have the right, at any time and from time to repairs time, to remove and maintenance arising dispose of any Personal Property which may have become obsolete or unfit for use, or which is no longer useful in the ordinary course of operation of the Building Demised Premises, provided Lessee promptly replaces any such Personal Property so removed or disposed of with other personal property free of any security interest, lien or encumbrance. Said personal property shall be of the same character and shall be at least equal in usefulness and quality as any such Personal Property so removed or disposed of, and such replacement property shall automatically become the Projectproperty of and shall belong to the Lessor, and Lessee shall execute such bills of sale or other documents reasonably requested by Lessor to vest the ownership of such personal property in Lessor. Notwithstanding the foregoing, Lessee shall have the right to place leased Personal Property on the Demised Premises provided that the payments due under such leases do not exceed $4,000 per year. In the event Lessee desires to place leased personal property on the Demised Premises having annual payments in excess of a casualty described the amount provided for herein, Lessee shall advise Lessor in Article 24, Article 24 writing and Lessor shall apply in lieu use its reasonable best efforts to seek the approval of this Article. In the event Mortgagee or an amendment of eminent domain, Article 25 shall apply in lieu of this Articlethe Mortgage with respect thereto. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Sun Healthcare Group Inc)

Repairs and Maintenance. 18.1. 17.1 Landlord shall repair and maintain and repair any defects in the structural and exterior portions and Common Area Areas of the Building Buildings and the Project, including roofing and covering (structure and membrane) materials; foundations (excluding any architectural foundations; slabs, but including any structural slabs); exterior walls; exterior utilities; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises)heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord outside the PremisesLandlord. 18.2. 17.2 Except for services of Landlord, if any, required by Section 18.117.1, Tenant shall at Tenant’s 's sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Lease Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear casualty damage excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense's request, remove all telephone and data systems, wiring and equipment installed by Tenant from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, ; other than pursuant to the terms and provisions of the Work Letter and as described expressly provided in Exhibit B.this Lease. 18.3. 17.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s an obligation pursuant to this Lease of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s)maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s 's expense. Notwithstanding anything to the contrary set forth in this Article 17, if Tenant provides written notice to Landlord of the need for repairs and/or maintenance with respect to the Premises which are Landlord's obligation to perform under Section 17.1 above, and Landlord fails to commence such repairs and/or maintenance within a reasonable period of time, given the circumstances, after receipt of such notice (but in no event earlier than fifteen (15) days after receipt of such notice except in cases where there is an immediate threat of material and substantial property damage or immediate threat of bodily injury, in which case such shorter period of time as is reasonable under the circumstances), then Tenant may, at its option, proceed to undertake such repairs and/or maintenance upon delivery of an additional five (5) business days' notice to Landlord that Tenant is taking such required action (provided, however, that no additional notice shall be required in the event of an emergency which threatens life or where there is imminent danger to property). If such repairs and/or maintenance were required under the terms of this Lease to be performed by Landlord and Landlord has not commenced such repair or maintenance prior to the expiration of such five (5) business day period (or the initial notice and repair period set forth in the first sentence of this Section 17.3 in the event of emergencies where no second notice is required) ("Outside Repair Period"), then Tenant shall be entitled to reimbursement by Landlord of Tenant's actual, reasonable, and documented costs and expenses in performing such maintenance and/or repairs. Such reimbursement shall be made within thirty (30) days after Landlord's receipt of Tenant's invoice of such costs and expenses, and if Landlord fails to so reimburse Tenant within such 30-day period, then Tenant shall be entitled to offset against the Rent payable by Tenant under this Lease the amount of such invoice; provided, however, that notwithstanding the foregoing to the contrary, if (i) Landlord delivers to Tenant prior to the expiration of the Outside Repair Period described above, a written objection to Tenant's right to receive any such reimbursement based upon Landlord's good faith claim that such action did not have to be taken by Landlord pursuant to the terms of this Lease, or (ii) Landlord delivers to Tenant, within thirty (30) days after receipt of Tenant's invoice, a written objection to the payment of such invoice based upon Landlord's good faith claim that such charges are excessive (in which case, Landlord shall reimburse Tenant, within such 30-day period, the amount Landlord contends would not be excessive), then Tenant shall not be entitled to such reimbursement or offset against Rent, but Tenant, as its sole remedy, may proceed to claim a default by Landlord. In the event Tenant undertakes such repairs and/or maintenance, and such work will affect the Base, Shell and Core, any structural portions of the Premises or Building, Tenant shall use only those third party contractors used by Landlord in the Project for such work unless such contractors are unwilling or unable to perform such work at competitive prices, in which event Tenant may utilize the services of any other qualified contractor which normally and regularly performs similar work in comparable first-class buildings in the general vicinity of the Building. Tenant shall comply with the other terms and conditions of this Lease if Tenant takes the required action, except that Tenant is not required to obtain Landlord's consent for such repairs. 18.4. 17.4 If any excavation shall be made upon land adjacent to or under the BuildingBuildings, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such said person shall deem necessary or desirable to preserve and protect the Building Buildings from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s 's obligations under this LeaseLease to the extent Tenant's Permitted Use of the Premises is not materially disrupted; provided that Landlord will ensure that any person entering the Premises acts in a manner which minimizes unreasonable interference with Tenant’s use and occupancy of the Premises and any work must be completed as expeditiously as commercially reasonably possible. 18.5. 17.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building Buildings and the Project. In the event of a casualty described in Article 2423, Article 24 23 shall apply in lieu of this Article. In the event of eminent domain, Article 25 24 shall apply in lieu of this Article. 18.6. 17.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating ExpensesExpenses except as otherwise provided herein, unless such costs are incurred due in whole or in part to any act, neglect, fault or omissions of Tenant or its employees, agents, contractors or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.

Appears in 1 contract

Sources: Lease (Mabvax Therapeutics Holdings, Inc.)

Repairs and Maintenance. 18.1Tenant has inspected Premises and acknowledges that it is in good condition, free of defects and fit for residential occupancy. Tenant shall promptly notify Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations any dangerous condition or need for maintenance existing in Premises. Landlord’s maintenance procedures (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises“Maintenance Exhibit”) is available at ▇▇▇▇▇://▇▇▇. 18.2. Except for services of Landlord, if any, required by Section 18.1▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/files/Exhibit%20A%20- %20Maintenance%20Exhibit.pdf , Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records acknowledges that Landlord reasonably requests may change or update the Maintenance Exhibit from time to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu any conflict between the Maintenance Exhibit and the terms of this ArticleLease, the terms of the Maintenance Exhibit shall prevail. In The Maintenance Exhibit is incorporated into the event of eminent domain, Article 25 shall apply in lieu provisions of this Article. 18.6Lease by reference thereof. Costs Upon receipt of notice from Tenant, Landlord shall, within a reasonable time period, thereafter, repair the following: (1) all defects in Premises which create unsafe living conditions or render Premises untenable; and (2) to the extent required by state law, such other defects which, if not corrected, will leave Premises in a state of disrepair. Except as provided above, ▇▇▇▇▇▇ agrees to maintain Premises in the neat, sanitary, and clean condition free of trash and debris. All of Tenant’s trash shall be kept in designated trash containers and removed from the Premises at least once each week. Tenant obligation to maintain the Premises includes, but not limited to, replacing any light bulbs which fail during the Lease Term and regularly changing HVAC filters. Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises. Tenant shall be responsible for any damages to the Premises caused by ▇▇▇▇▇▇ and ▇▇▇▇▇▇’s invitees, licensees, and guests’ abuse or neglect of the Premises. Any expenses incurred by Landlord pursuant to remedy any violations of this provision shall be paid by Tenant to Landlord as Additional Rent within fourteen (14) days of the receipt of an invoice from Landlord. If Tenant submits a service request or repair request to Landlord, and the contractor responding to this Article shall constitute Operating Expensesrequest on behalf of Landlord determines that the item is working correctly, ▇▇▇▇▇▇ agrees to reimburse Landlord for the amount for the contractor’s invoice.

Appears in 1 contract

Sources: Residential Lease Agreement

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the ProjectThe Sublessee, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s its sole cost and expense maintain and expense, shall keep the Premises Demised Premises, including the Fixtures and every part thereof Miscellaneous Personal Property, in a clean, neat and orderly condition at all times, including cleaning, janitorial and trash compaction and pickup. Further, Sublessee shall, at its own expense, make all necessary repairs to the Demised Premises, including the Fixtures and Miscellaneous Personal Property, other than the repairs that American is responsible for as provided below, so as to maintain the Demised Premises, including the Fixtures and Miscellaneous Personal Property, in good condition order and repaircondition, damage thereto from ordinary reasonable wear and tear excepted. Sublessee shall be responsible for replacing or refurbishing Fixtures and Miscellaneous Personal Property that is lost, stolen, destroyed or worn out, but shall obtain American's and shall, Landlord's prior written approval prior to such replacement or refurbishment. In the event that Sublessee fails to make any required repair or replacement or refurbishment within ten (10) business days after receipt of receiving written notice from LandlordAmerican that such repair or replacement or refurbishment is needed, provide 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 Landlord any maintenance records that Landlord reasonably requests 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 extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shallwalls, upon the expiration or sooner termination roof, exterior, plumbing, electrical and HVAC system of the TermDemised Premises so as to maintain such items in good order and condition, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary reasonable wear and tear excepted; and shall. Other than repairs required due to damage or destruction resulting from fire or other casualty provided for in Section 13, at Landlord’s request and Tenant’s sole Subtenant shall pay the cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, of such maintenance and repair any damage to in accordance with the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and Common Use Formula as described provided in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(sSection 5.A.(ii). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event that American fails to commence and diligently pursue completion of a casualty described in Article 24any such required repair within 60 days after receiving written notice from Sublessee that such repair is needed, Article 24 Sublessee, without being obligated to do so, may make such repairs and American shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articlethereafter promptly reimburse Sublessee for all expenses incurred on account thereof. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Sublease Agreement (Midway Airlines Corp)

Repairs and Maintenance. 18.1. 18.1 Landlord shall repair and maintain in good condition and repair the structural and exterior portions and Common Area Areas of the Building and the Project, and the base Building systems set forth on Exhibit L attached hereto, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs)foundations; exterior walls; plumbing; fire sprinkler systems and fire alarms (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises)heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord outside the PremisesLandlord. 18.2. 18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear and casualty and condemnation excepted. Subject to Section 17.7, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in substantially as good a condition as when receivedreceived (except that the improvements in the Premises shall be surrendered in substantially as good a condition as existed on the Term Commencement Date), ordinary wear and tear excepted and with the Tenant Improvements casualty and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear condemnation excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. 18.3 Except as provided Section 16.2, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Projectmaintenance. In the event that Landlord timely fails to make a repair or perform maintenance that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of a casualty described such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance; provided, that before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall use commercially reasonable efforts to coordinate with Landlord, and any other tenants of the Project that may be affected, to schedule such repairs or maintenance. Notwithstanding the foregoing, in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domainan emergency that poses an imminent threat of harm to the Premises or people or property within the Premises, Article 25 Tenant may perform such repairs as is necessary to repair the portion of the Premises affected by such emergency; provided, however, that prior to taking any such action or performing such work, Tenant shall apply contact Landlord (via phone, if necessary) and shall not take such action or perform such work if Landlord promptly commits to perform the same in lieu at least an expeditious manner as Tenant is able to take such action or perform such work and thereafter diligently prosecutes the same to completion. Landlord agrees to reimburse Tenant for such portion of this Article. 18.6. Costs incurred the reasonable out-of-pocket costs of such work performed by Landlord Tenant pursuant to this Article Section that is Landlord’s responsibility under this Lease within thirty (30) days after receipt of an invoice from Tenant therefor. Tenant shall constitute Operating Expensesuse commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building.

Appears in 1 contract

Sources: Lease Agreement (Depomed Inc)

Repairs and Maintenance. 18.1. (a) Subject to the obligations of Landlord to cause the completion of Landlord Repair Items at its own cost and expense, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall repair keep and maintain the structural and exterior portions and Common Area of the Building and the Projectother improvements on the Premises and any sidewalks, including roofing parking areas, curbs, and covering materials; foundations access ways upon or adjoining the Premises in good order and condition and shall promptly make all repairs necessary to keep and maintain such good order and condition, whether such repairs are interior or exterior, ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen. Tenant shall not use or permit the use of any portion of the Property for outdoor storage if doing so would be a violation of Governmental Requirements. When used in this Article 8, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Tenant shall maintain all systems in the Premises. Tenant shall pay all costs of maintenance of all systems in the Premises. Notwithstanding the other provisions of this Lease, Tenant shall not be required to make any capital repairs or capital replacements during the final two (excluding 2) years of the Lease. If there is the need to make capital improvements to the Premises after the date of this Lease that are required under any architectural slabsgovernmental law or regulation that was not applicable to the Premises at the date of this Lease or such capital improvements are attributable to a modification to the Premises requested by Tenant or made by Tenant after the date of this Lease (a “Code Modification”), but including any structural slabsthen Tenant shall cause the completion of the Code Modification and the cost shall be amortized over such reasonable period as determined by Generally Accepted Accounting Principles (GAAP); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed , and, except with respect to any server room Code Modifications: (i) to portions of the Premises that were included in the PremisesTenant Improvement Work (including, without limitation such work in the Expansion Space), or (ii) required because of modifications to the Premises requested by Tenant or made by Tenant after the date of this Lease, Landlord shall reimburse Tenant for any portion of such amortized amount attributable to periods following the expiration of the term of the Lease; elevators; and electrical systems installed provided however, to the extent the Code Modification is specifically required due to specific use of the Premises by Tenant or furnished by Tenant Parties as defined in Article 11 (b) of this Lease (as opposed to code modifications required of other similar properties, notwithstanding the specific use thereof) or for Code Modifications to portions of the Premises that were included in the Tenant Improvement Work (including, without limitation, such work in the Expansion Space), or attributable to modifications to the Premises requested by Tenant or made by Tenant after the date of this lease then Landlord outside the Premisesshall not be required to so reimburse Tenant therefor. 18.2. Except for services of (b) Landlord, if anythroughout the Term of this Lease shall, required by Section 18.1, Tenant shall at Tenant’s its sole cost and expense maintain (without pass-through to Tenant) make all necessary repairs to the roof, floor slab, footings and keep foundations and the structural steel columns and girders forming a part of the Premises and every part thereof (other than portions that were included in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(sImprovement Work) of Substantial Completion of such workprovided, ordinary wear and tear excepted; and shallhowever, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. that Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure responsibility to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease repair unless such failure shall persist for an unreasonable time after Tenant provides and until Landlord with receives written notice of the need of for such repair. “Landlord Repair Items” are (i) repairs or maintenance andto be made by Landlord under this Paragraph 8(b), after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make (ii) repairs at which are covered by Landlord’s expense. 18.4. If Warranty, (iii) repairs required to correct any excavation shall be made upon land adjacent to latent defects or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect original design defects in the Building from injury shell and Building systems construction, labor or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenantmaterials as part of Landlord’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising Work in the ordinary course of operation connection with construction of the Building shell and (iv) repairs required due to the Projectnegligence or willful misconduct of Landlord, and any other item specifically designated as a Landlord Repair Item elsewhere in this Lease. In Landlord shall be required to promptly cause the event correction of a casualty described any Landlord Repair Item at its own cost without recoupment from Tenant unless such repair is made necessary because of Tenant’s wrongful or negligent acts or omissions or acts and omissions not intended in Article 24, Article 24 shall apply in lieu the design and engineering of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this ArticleBuilding. 18.6. Costs incurred (c) Tenant shall keep and maintain all portions of the Premises and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition by Landlord pursuant to this Article shall constitute Operating Expensesperforming all necessary tasks including, but not limited to, grass cutting, seeding, watering, weeding and replacing any dead or diseased plantings.

Appears in 1 contract

Sources: Lease Agreement (Faro Technologies Inc)

Repairs and Maintenance. 18.1. Landlord shall repair keep and maintain in good order and repair the structural Building and Project structure and systems, including the foundation, roof and roof covering materials, exterior portions walls, elevators, electrical, plumbing, fire and Common Area safety systems, security systems, HVAC. systems, entrance, sidewalks, lobbies, stairways, landscaped areas, parking facilities, lobbies and other common areas and facilities of the Building (and the Projectfull cost thereof shall be included as a part of Operating Expenses, including roofing and covering materialsunless expressly excluded pursuant to Article 7). In addition, Landlord covenants with Tenant to proceed with due diligence to remedy, as promptly as is feasible under the circumstances, any material interruption of services. Landlord shall in no event be required to make repairs to leasehold improvements made by Tenant, or another tenant. Tenant agrees to deliver notice to Landlord, as promptly as is reasonable under the circumstances, of any defective condition in or about the Demised Premises known to Tenant which Landlord is required to repair hereunder; foundations (excluding provided, however, that Tenant's failure to report to Landlord any architectural slabssuch defective condition shall not relieve Landlord of Landlord's obligation to repair any such defective condition promptly upon learning of the need for such repair. Notwithstanding the foregoing, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; event of any of the foregoing maintenance or repairs are required by reason of any act or omission of Tenant, Tenant shall pay to Landlord the cost of such maintenance and electrical systems installed or furnished by Landlord outside the Premisesrepairs. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s 's sole cost and expense maintain and keep the Demised Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear and damage by casualty excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner earlier termination of the Termthis Lease, surrender the Demised Premises to Landlord in as good a condition as when receivedcondition, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear damage by casualty excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B.. 18.3. Repairs under this Article 18 which are obligations of Landlord shall not be liable for any failure are subject to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after allocation among Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseand other tenants as Operating Expenses. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article 18 relates to repairs and maintenance arising in the ordinary course of operation of the Building Building, the Project and the Projectany related facilities. In the event of a casualty described in fire, earthquake, flood, hurricane or other act of God, vandalism, war, or similar cause of damage or destruction, this Article 24, 18 shall not be applicable and the provisions of Article 24 22 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articleand control. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (North American Vaccine Inc)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the PremisesSupplemental HVAC Unit); elevators; and electrical systems installed or furnished by Landlord. In addition, Landlord outside shall provide (a) janitorial services for the Premises comparable to the janitorial services provided by comparable owners of comparable properties in the Rockville, Maryland, area, which services shall be provided five (5) nights per week, Monday through Friday, excluding holidays recognized as such by the federal government and/or the State of Maryland, and (b) Building standard lightbulb changes to the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenantrequests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s)maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises upon reasonable prior notice for the purpose of performing such work as such person shall reasonably deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; provided, however, that all such activities shall be conducted only to the extent and for the time reasonably required and in such a manner so as to cause as little interference to Tenant as is reasonably possible. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating ExpensesExpenses to the extent permitted by Article 9.

Appears in 1 contract

Sources: Lease (REGENXBIO Inc.)

Repairs and Maintenance. 18.1. Landlord shall repair and A. Subject to the provisions of this Lease with regard to damage by fire or other casualty, Tenant agrees to maintain the structural Premises in good order and repair during the Term of this Lease. Tenant will make all repairs, maintenance and replacements to the Premises and any improvements, equipment and fixtures therein, including, but not limited to: the ATM machine and surroundings area, any vaults, all interior and exterior portions doors, door jambs and Common Area frames, drive-in doors, dock doors, dock collars and levelers, locks and hardware, and all interior and exterior window, window casings and ▇▇▇▇▇; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Building Premises, replacement of approved signs, repairs, maintenance and replacements of all plumbing, interior heating, and air conditioning equipment, lighting and other fixtures and equipment inside the ProjectPremises whether or not they were initially installed at Landlord’s expense. All repairs, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished maintenance and/or replacements made by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall be subject to Landlord’s prior written approval, which will not be unreasonably withheld provided that the same are at least equal in quality and class to the original work and/or fixtures and equipment. All repairs, maintenance and replacements will be made at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repairexpense. B. If Tenant fails to make any such repairs, damage thereto from ordinary wear and tear excepted, and shall, within after ten (10) business days after receipt prior written notice, Landlord may make them for the account of written notice from Tenant and Landlord, provide ’s costs in so doing will be Additional Rent which will be payable by Tenant to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements next monthly installment of Base Rent due hereunder. Landlord reserves the right in its reasonable discretion to interrupt the supply of electricity, water, sewer, heat, air conditioning, gas and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from other utilities to the Premises, and also to suspend the operation of the air conditioning or heating system until the repairs, alterations or improvements have been completed. Landlord will pursue all work with reasonable dispatch and will use reasonable efforts to minimize any disruption. There will be no abatement in Rent, nor shall Landlord in any way be liable to Tenant because of any such interruption or suspension. C. Landlord will maintain, repair and replace, in its sole discretion the HVAC exterior equipment, roof, foundations, exterior walls (excluding any damage ATM machine and surrounding area, store fronts, plate glass windows and window frames, doors and door frames, docks, dock doors and dock levelers, and the interior of walls, all of which shall be the sole responsibility of Tenant), parking areas, and all structural floors (excluding floor coverings) of the Premises and common areas and facilities for the furnishing of various utilities, including HVAC (except to the Premises extent that the same are the obligation of any public utility company); but Landlord will not be required to make any repair necessitated by reason of any act or omission of Tenant, or its employees, contractors, agents, licensees, invitees, or anyone claiming under Tenant or caused therebyby any alteration, addition or improvement made by Tenant or anyone claiming under Tenant and if Landlord does make any such repairs, Tenant will reimburse to Landlord the cost incurred by Landlord in so doing as Additional Rent with the monthly installment of Base Rent first due after Landlord bills Tenant for such costs. Landlord shall will have no obligation liability to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable Tenant for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after and until Tenant provides Landlord with has given written notice to Landlord of the need of for such repairs or maintenance and, after and Landlord has failed to commence and complete such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expensewithin a reasonable period of time thereafter. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Commercial Lease Agreement (Millennium Bankshares Corp)

Repairs and Maintenance. 18.1. Landlord shall repair From and maintain after the structural Effective Date, and exterior portions and Common Area for the remainder of the Building Term, the Tenant shall perform ordinary maintenance and repair of the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in interior of the improvements on the Premises); elevators; , subject to reasonable wear and electrical systems installed or furnished by tear, casualty, and condemnation loss. The Landlord outside the Premises. 18.2. Except for services of Landlordshall, if any, required by Section 18.1, Tenant shall at Tenant’s sole its own cost and expense without reimbursement by the Tenant, keep and maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear exceptedmake all necessary repairs and replacements to, the exterior walls, building slabs, foundations, structural parts and components, parking lots, gutters, downspouts, roof, roof membrane and coverings and any other part, component or system on the exterior of the Premises. The Tenant will, at its own cost and expense without reimbursement by the Landlord, keep and maintain in good condition and repair, and shallmake all necessary repairs and replacements to the sprinkler system, mechanical, HVAC, electrical and plumbing systems of the Premises. If the Landlord fails to perform any repair or replacement required to be made by the Landlord in this Lease, and the Landlord fails to cure such failure within ten (10) business 15 days after receipt of a written demand from the Tenant (or immediately, in the case of emergency repairs, including loss of heating and air conditioning), then the Tenant may make such repair or replacement and the Landlord shall reimburse the Tenant for the cost thereof. If the Landlord fails to pay such amount, then the Tenant may offset against the Rent due hereunder the amount so expended. The Tenant shall pay for all general building maintenance expenses of a non-capital nature and not otherwise included in the foregoing section 8(b) (“Operating Expenses”), relating directly to the Premises and incurred during the Term. Notwithstanding anything in this Lease to the contrary, the Tenant is responsible only for payment of Operating Expenses, Real Estate Taxes or Property Insurance assessed, levied, incurred, or accruing after the Effective Date and before the Expiration Date. The Landlord is responsible for the same accruing before the Effective Date and after the Expiration Date. Notwithstanding the foregoing section 8(c), the Landlord shall not recover any item of cost more than once, and the following items will be excluded from Operating Expenses: (1) leasing commissions, fees and costs, advertising and promotional expenses, and other costs incurred in procuring tenants; (2) tenant improvement work for the Tenant, if any; (3) financing costs including interest and principal amortization and payment of debts; (4) wages, bonuses, and other compensation of employees of the Landlord; (5) any liabilities, costs, or expenses associated with or incurred in connection with the removal, enclosure, encapsulation, or other handling of asbestos or other hazardous or toxic materials or substances not caused by the Tenant; (6) costs of any items for which the Landlord is or is entitled to be paid or reimbursed by insurance or from any other source; (7) cost of correcting defects in the design, construction, or equipment of, or latent defects in, the Premises; (8) cost of any work or services performed for any facility other than the Premises; (9) any cost representing an amount paid to a person, firm, corporation, or other entity related to the Landlord that is in excess of the amount which would have been paid in the absence of such relationship; (10) attorney fees, accounting fees, and other expenditures of the Landlord incurred in connection with negotiations, disputes, and claims of tenants or occupants of the Premises or with other third parties for which the Landlord is responsible, except as specifically otherwise provided in this Lease; (11) cost of any alterations, additions, changes, repairs, replacements, or other items which, under generally accepted accounting principles, Internal Revenue Code or IRS guidelines, are properly classified as capital expenditures or have a useful life for more than one year; (12) management fees of any kind; (13) late fees, charges, or penalties incurred by the Landlord due to late payment of Operating Expenses, Property Insurance, or Real Estate Taxes; (14) cost of acquiring sculptures, paintings, and other art objects; (15) costs due to the Landlord’s violation of any governmental rule or authority; (16) cost of complying with the Americans With Disabilities Act, whether such costs are classified as capital items or expenses under generally accepted accounting principles; (17) charitable or political contributions made by the Landlord; or (18) any cost or expense for which the Tenant has not approved in advance written notice delivered to the Landlord. Beginning on the Effective Date, the Tenant shall pay [($_______________)] per month, as estimated Operating Expenses, and on the first day of each month thereafter in advance with Base Rent for Operating Expenses. Within 120 days after the expiration of the calendar year, the Landlord shall prepare and deliver to the Tenant a fair and accurate statement of the total year's actual Operating Expenses, and the Tenant shall pay the amount, if any, by which the Tenant’s share of the actual Operating Expenses for the year exceeded the amount of the estimated Operating Expenses paid by the Tenant. The Tenant shall pay that amount to the Landlord within 30 days after the Tenant’s receipt of the statement. If this Lease terminates at any time other than the last day of the year, the excess Operating Expenses will be determined as of the date of termination. If the Tenant’s payments of estimated Operating Expenses exceed the amount due to the Landlord for that calendar year, then the Landlord shall, at the Tenant’s election, either apply the excess as a credit against the Tenant’s Rent immediately next due under this Lease or promptly refund such excess to the Tenant within 30 days after the Tenant’s receipt of the expense statement. Notwithstanding anything to the contrary, the Tenant will not be responsible for payment of any Operating Expenses in any calendar year increasing by more than [3]%, on a non-cumulative and non-compounding basis, over the amount of Operating Expenses from the prior calendar year. The Landlord shall keep and maintain complete books and records of Operating Expenses during the Term. The Tenant and its accountant may audit, copy, and inspect the books and records of the Landlord with respect to any cost or item which is passed through to the Tenant upon at least ten days’ advance, written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to The Landlord in as good a condition as when received, ordinary wear and tear excepted and shall fully cooperate with the Tenant Improvements and its accountant in providing the Landlord Work in substantially Tenant and its accountant reasonable access to review and copy its books and records for this purpose. If the same condition as existed on Tenant or its accountant has questions regarding any Operating Expenses, the applicable date(s) Tenant and its accountant may request, inspect, and copy a reasonable amount of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at additional supporting information to substantiate the Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseexpense statement. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Commercial Lease Agreement

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and (i) keep the Premises and every part thereof Personalty in as good condition order and repairrepair as same were delivered in at the Commencement Date, damage thereto from ordinary reasonable wear and tear and repairs which are not Tenant's responsibility hereunder excepted, including performing all necessary daily clean-up and shall, within ten maintenance of thereof; (10ii) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests make repairs and replacements to the extent within Premises as needed that are the result of the Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination use of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear exceptedPremises; and shall(iii) not commit waste of any nature. Tenant, at Landlord’s request and Tenant’s its sole cost and expense, remove all telephone and data systems, wiring and equipment from shall maintain snow removal responsibility for the Premises, and repair any damage areas immediately adjacent to the entrances to the Premises caused therebyand the Parking Lot. Subject to its obligations under Section 3.03, under no circumstances shall Landlord be responsible for the timely opening of the school operated by Tenant on the Premises. If repairs or replacements of a capital nature (as defined under generally accepted accounting principles, consistently applied) are required, Landlord shall undertake same at its sole cost and expense promptly upon Tenant's request. For avoidance of doubt, capital expenditures shall include maintenance, repair and/or replacement of the roof and boiler, structural repairs and replacements to the Premises and repairs and replacements to the major mechanical systems servicing the Premises including, without limitation, HVAC, Plumbing, Electric and Sprinkler systems. Further, Landlord shall be responsible, at its sole cost and expense, for landscaping and maintenance to all exterior common areas on the Land. Except in the event of an emergency, Tenant may not make any repairs without notice to Landlord and the approval of the Diocese of Metuchen College of Consultors. Landlord shall have no obligation exercise reasonable care in the conduct of its repair and replacement obligations with respect to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to accordance with this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseSection 3.03. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 18.1. Landlord (a) The Tenant shall maintain and repair the Premises at its own expense and maintain the structural keep them in a clean and exterior portions sanitary condition and Common Area in accordance with all laws, directions, rules and regulations of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2governmental agencies having jurisdiction. Except for services of Landlord, if any, required by The Tenant's obligation under this Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep includes keeping the Premises and every part thereof in good condition and repairthe machinery, damage thereto from ordinary wear and tear exceptedequipment (including, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control that they are part of the Premises, the interior and exterior walls, doors, roof and any paved, sodded and planted areas and all permitted signs) in good order and repair and painted or otherwise presentable and maintaining in good operating condition and replacing, whenever reasonably attainable by Tenant. Tenant shallrequired, upon the expiration or sooner termination heating, ventilating, air conditioning, mechanical, electrical and plumbing systems, services and equipment installed in and for the exclusive use of the TermPremises and replacing all broken glass with glass of equal quality. This obligation includes, surrender but is not limited to, repainting and redecorating at reasonable intervals, making repairs and replacements to plate glass, signs, mouldings, doors, hardware, partitions, walls, fixtures, lighting and plumbing fixtures, wiring, piping, ceilings, floors and thresholds in the Premises and maintaining, repairing and replacing the machinery and all operating equipment in the Premises unless it forms part of the Common Facilities. (b) The Landlord may enter the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with view the state of repair. If the Tenant Improvements and or its representatives are not present to open the Premises at any time when, due to emergency, entry is necessary, the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from or its agent may forcibly enter the Premises, and repair any damage to without rendering the Premises caused thereby. Landlord shall have no obligation to alteror its agent liable, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting the Tenant’s 's obligations under this Lease. 18.5(c) Where an inspection reveals repairs are necessary and required by the Lease to be done by the Tenant, the Landlord shall give notice to the Tenant. This Article relates The Tenant will, within fifteen (15) days from delivery of the notice, make, or commence making and diligently proceed to complete, the repairs in a good and workmanlike manner. In addition to any other provision of this Lease, the Landlord may enter the Premises and perform any repairs which the Tenant has failed to make under this Section. (d) The Tenant shall leave the Premises in good repair. (e) The obligations of the Tenant to repair in accordance with Sections 7.4(a), 7.4(c) and 7.4(d) shall be subject to the following exceptions: (i) Structural Repairs to the Premises or injury to the Premises caused by or resulting from structural defects or structural weakness, but this exception does not excuse the Tenant from liability for repair of structural defects or structural weakness caused by or resulting from the act or omission, whether negligent or otherwise, of the Tenant, its officers, agents, servants, employees, contractors, licensees or invitees; (ii) damage or injury caused by or resulting from any act, default or negligence of the Landlord, its officers, agents, servants, employees or contractors; (iii) repairs and maintenance arising to be performed by the Landlord under Article 9; and (iv) repairs to be performed by the Landlord under Section 13.1, to the extent of the insurance proceeds available and except as provided in Sections 13.2 and 13.3. (f) If the Tenant observes any apparent structural defect or material damage to the Premises by any cause, it shall immediately notify the Landlord. If any structural defect or damage becomes known to the Tenant or reasonably should have been observed by the Tenant and the Tenant fails to notify the Landlord, the Tenant shall be liable for any costs incurred by the Landlord in repairing the defect or damage which can be shown to be directly attributable to the actions of the Tenant and those for whom in law the Tenant is responsible (including failure to give the required notice) after such defect or damage became known to the Tenant or reasonably should have been observed by the Tenant. (g) If the Building, including any part of the Common Facilities or the Premises, or any of the plumbing, electrical mechanical, or other services serving the Building, get out of repair or become damaged or destroyed through the negligence, carelessness or misuse of the Tenant, the Tenant's servants, agents or employees or anyone permitted by the Tenant to be in the ordinary course of operation Building, the expense of the Building and necessary repairs, replacements or alterations, including the Project. In Landlord's management fee of fifteen percent (15%) of the event of a casualty described in Article 24expense, Article 24 shall apply in lieu of this Article. In be paid by the event of eminent domainTenant to the Landlord on demand, Article 25 shall apply in lieu of this Articleas Additional Rent. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Beaconsfield I Inc)

Repairs and Maintenance. 18.1. Landlord During said lease term or any other period of occupancy prior to or after said lease term the LESSOR shall maintain and keep in good repair the exterior of the building within which the leased premises is contained (inclusive of the obligation to maintain and repair the roof, gutters and downspouts and to keep said building structurally sound, but exclusive of any such exterior part of the premises damaged by the negligence of LESSEE or its employees, agents, contractors or representatives) and the entire Common Area within said CENTER; provided, however, LESSOR shall not be obligated to repair and maintain the structural and exterior portions and Common Area any part of the Building exterior storefront of said premises (meaning any part of any door, doorframe or doorjamb, window or window frame), or any other exterior door or window or part thereof, or any exterior sign, awning, light fixture or canopy or part thereof which has been installed by or for LESSEE and which constitutes part of or is affixed to said premises. During said same period or periods, in addition to being responsible for the Projectmaintenance and repair of those parts of the premises which as above mentioned are not obligations of the LESSOR, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant LESSEE shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good repair and condition the interior of the demised premises, including but not limited to the walls, floors and ceilings and any parts thereof; and LESSEE shall further be responsible for the repair, damage thereto from ordinary wear maintenance and tear exceptedreplacement, if necessary, of all mechanical, electrical and plumbing systems or parts thereof within or exclusively serving said premises, including but not limited to, the heating, ventilating and air conditioning (HVAC) systems. LESSEE shall enter into a preventive maintenance service contract with a reputable company approved by LESSOR for the regular and periodic servicing (not less than twice each year) of the HVAC system upon and serving the premises. LESSEE shall also contract with a filter replacement service for monthly replacement of filters in the HVAC equipment. LESSEE shall maintain such service contracts in effect throughout the lease term and LESSEE'S occupancy of the premises. If LESSEE shall fail to enter into and maintain such HVAC service contract and such filter replacement service contract, or shall fail to furnish LESSOR on request with satisfactory evidence that such contracts are in effect, LESSOR may, at its option, enter into such contracts for and on behalf of LESSEE and the cost thereof shall, within ten (10) business days after receipt of written notice from Landlordon demand, provide be promptly paid by LESSEE to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shallLESSOR; provided, upon the expiration or sooner termination of the Termhowever, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord LESSOR shall have no obligation by virtue of this provision to altercontract for such services. Additionally, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any LESSEE understands that failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavationHVAC equipment to be regularly and properly serviced and maintained may also negate or void any existing warranties on such equipment. Notwithstanding the LESSOR'S covenants herein set forth, license LESSEE shall be solely responsible for keeping the sidewalk immediately in front of its storeroom premises free from snow and ice. Further notwithstanding the foregoing to enter the Premises for contrary, LESSOR warrants that the purpose HVAC system shall be in good working condition and repair upon delivery of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation possession of the Building premises to LESSEE; and that LESSOR shall be responsible for such HVAC repair (excluding routine changing of filters) should anything go wrong with the Project. In system during the event first six (6) months of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articlesaid Primary Term. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease (Family Christian Stores Inc)

Repairs and Maintenance. 18.1. Landlord Except repairs, replacements or maintenance necessitated in any manner by the negligent or intentional acts or omissions of Lessee or its agents, Lessor shall repair and maintain the structural roof and exterior portions walls, floor, parking area and Common Area of the Building and the Projectwalkways, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; plumbing and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlordsystems, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof area landscaping in good condition and repair at its own expense. Lessee shall maintain the balance of the 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, functioning properly, and to Lessor’s current and actual knowledge not in need of repair. 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, damage by fire, act of God or by the elements of other casualty excepted to the extent such Lessor is reimbursed by insurance for such loss. If Lessee shall fail to keep the Premises properly repaired, Lessor may do so (but is not obligated), and the cost of such repair shall be paid by Lessee with the next installment of and as rent due hereunder. Lessor shall cooperate reasonably with Lessee to utilize all manufacturers’ and construction warranties related to Lessor’s Work. When Lessor has an obligation to repair, damage thereto from ordinary wear and tear excepted, and shall, Lessor shall repair such item(s) or area(s) within ten (10) business days a commercially reasonable amount of time after receipt of written notice from LandlordLessee, provide to Landlord any maintenance records that Landlord reasonably requests unless due to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion nature of such workrepair, ordinary wear more than thirty days are needed to repair in which case Lessor shall begin such repair within thirty days and tear excepted; diligently pursue such repair to completion. Notwithstanding anything to the contrary in the Lease, Lessor shall have no obligation to perform any work on or about the Property or Premises other than that for which Lessor is obligated by the Lease and that which is as specifically set forth herein. Lessee shall, at Landlord’s request and TenantLessee’s sole cost and expense, remove fully, diligently, and in a timely manner comply with all telephone “Applicable Requirements,” which term is used in this Lease to mean all laws, rules, regulations, ordinances, directives, covenants, easements, and data systemsrestrictions of record, wiring permits, the requirements of any applicable fire insurance underwriter or rating bureau, and equipment from the recommendations of Lessor’s engineers and/or consultants, relating in any manner to the Premises (including but not limited to matters pertaining to (a) industrial hygiene, (b) environmental conditions on, in, under, or about the Premises, including soil and repair groundwater conditions, and (c) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill, or release of any damage Hazardous Substance), now in effect or which may hereafter come into effect. Lessee shall, within 5 days after receipt of Lessor’s written request, provide Lessor with copies of all documents and information evidencing Lessee’s compliance with any Applicable Requirements, and shall immediately upon receipt notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint, or report pertaining to or involving failure by Lessee or the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or comply with any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseRequirements. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Consonus Technologies, Inc.)

Repairs and Maintenance. 18.1. Landlord 15.1 The LESSEE shall make good and repair and maintain at his own cost any damage or defect which occurs to the structural and exterior portions and Common Area premises during his occupancy, or alternatively re-imburse the LESSOR for the costs of replacing, repairing or making good any such damage and/or breakage which arise(s) as a result of any activity on the part of the Building LESSEE, his guests, servants or agents. 15.2 The LESSEE shall at his own expense replace where necessary all fluorescent tubes, starters, globes, ballasts, fuses, and incandescent bulbs used in the dwelling; he/she shall maintain all locks, keys, and fastenings, all light fittings as well as all electronic remote controls should be in proper working order. 15.3 The LESSEE undertakes to keep the dwelling in a clean and sanitary condition during the term of this lease. 15.4 The LESSEE will not drive nails into plastered walls unless prior approval is sought from the LESSOR. 15.5 The LESSOR undertakes to keep the structure (including the roof and main walls of the dwelling) in a good state of repair internally and externally. As regards ordinary leakage caused by defects in roofs, gutters and walls it shall be the duty of the LESSEE to notify the LESSOR of such leakage, and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed LESSOR shall take steps to have the defects rectified at the LESSORS own expense with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premisesno more delay than is reasonable. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide 15.6 The LESSEE undertakes to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with give written notice of any problems that may occur at the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect said dwelling to make repairs at Landlord’s expensethe LESSOR. 18.4. If any excavation shall 15.6.1 In the case of emergency repairs concerning the water or electricity supply or the security system at the said dwelling, contractors will be made upon land adjacent appointed by the LESSOR to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight repair same within 24 (48TWENTY FOUR) hours’ prior notice (which may be oral or by email , failing which, the LESSEE will have the right to appoint contractors to carry out the office manager or other Tenant-designated individual at necessary repairs on the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation expense of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this ArticleLESSOR . 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 18.1(a) Landlord agrees, at Landlord's expense to keep in good order and repair the foundation exterior sidewalls (except for glass) and roof, hereinafter referred to as ("Structural Members"). All other repairs, including glass replacement, HVAC, electrical, floor slab, plumbing and mechanical repair and replacement, and removal of adjacent graffiti at the exterior of the Premises, shall be at Tenant's expense. Landlord shall repair warrants that upon the commencement of this lease, HVAC systems and equipment provided by Landlord serving the Building are in good repair. With regard to any warranties which Landlord receives on HVAC and other equipment Landlord will properly authorize Tenant to initiate and maintain the structural any and exterior portions and Common Area all claims under such warranties. Any such repairs or replacement of the Building HVAC and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems or Tenant's components, or other equipment will be at Tenant's expense. Landlord agrees that, to the extent possible, all repairs and maintenance performed under this Paragraph will not interfere with Tenant's use and occupancy of the Premises. In the event either Landlord or Tenant fails to commence making or causing to be made repairs which either party is required to make, within Five (if any); HVAC systems 5) working days (but excluding any supplemental cooling system installed with respect to any server room 24 hours in the Premises); elevators; case of emergency repairs) after receipt of notice from the other, that such repairs are necessary, either Landlord or Tenant may make such repairs, or cause such repairs to be made, and electrical systems installed or furnished by Landlord outside bill ▇▇▇ other for the Premises. 18.2cost thereof. Except for services of LandlordTenant agrees that Tenant will, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and 's expense, during the continuance of this Lease, keep the Premises interior (except Structural Members) of the Building, including glass and every part thereof building systems referenced herein above, in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon further agrees that at the expiration or sooner early termination of the Termhereof, surrender Tenant will yield and deliver up the Premises to Landlord as nearly as possible in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on when taken, reasonable use and wear thereof and damage by the applicable date(selements excepted. Any repairs required under Paragraph 10 herein, shall be completed 30 days prior to the lease maturity date or vacation of the Premises by Tenant, whichever occurs first. (b) of Substantial Completion of such work, ordinary wear and tear excepted; and Tenant shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from within 30 days of vacating the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any and all repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (and replacements which may be oral or by email necessary to return the Premises to the office manager or other Tenant-designated individual at condition existing when Tenant occupied the Premises; but provided that no time restrictions , subject only to normal wear and tear. All building improvements effected by Tenant's product or operations, whether physical damage or obnoxious odors shall apply be repaired by Tenant on or advance notice be required if an emergency necessitates immediate entry), afford to before vacating the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this LeasePremises. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Industrial Building Lease (Cyco Net Inc)

Repairs and Maintenance. 18.14.01. Landlord Lessee shall, throughout the term of this lease and any extensions of such term at, its own expense and risk, maintain any and all improvements to the Leased Premises in good and proper working order and condition, including but not limited to making all repairs and replacements necessary to keep such improvements in such condition. All maintenance, repairs and replacements required by this section must be performed promptly when required and in a manner that will not cause depreciation in the value of the premises. Lessee shall repair be responsible to maintain all improvements to the office areas of the demised premises including but not limited to ceilings, walls, flooring, lighting, electrical systems within the demised Leased Premises, toilets, plumbing systems within the demised Leased Premises, HVAC distribution system within the demised Leased Premises system, doors and windows. Common areas within the Leased Premises and common area access ways within the Leased Premises shall be the Lessee’s responsibility to maintain in good and proper working order and to affect all repairs as required to properly maintain the structural and exterior portions and Common Area areas. Lessor shall, throughout the term of the Building lease and all exercised option terms that may be in effect, maintain and repair all structural components of the building including roof, exterior walls, (excluding windows) slabs, and foundations and all major building systems supplying services to the building including but not limited to electric, storm sewer, sanitary sewer, HVAC electric, gas, fire water and domestic water in good and proper working order. 4.02. In the event Lessor or Lessee fails to perform its respective obligations to repair, replace or maintain, as set forth in Paragraph 4.01 above, after due and proper written notice from the other party of the need for such repair, replacement, or maintenance and the Project, including roofing and covering materials; foundations (excluding any architectural slabspassage of a reasonable amount of time, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except no event longer than 30 days, for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep performance after such notice either party may enter the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Buildingreplacements, or shall be authorized perform such maintenance or cause such repairs, replacements to be made, Tenant shallor maintenance to be performed, upon forty-eight (48) hours’ prior at its own expense to be reimbursed by the other party. Upon either party’s notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation party of the Building performance and the Project. In the event cost of a casualty described in Article 24any maintenance, Article 24 shall apply in lieu of this Article. In the event of eminent domainrepairs, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord or replacements pursuant to this Article shall constitute Operating Expensessection, subject party must immediately reimburse the other party for any reasonable costs incurred by the party making the repairs pursuant to this section, together with fifteen percent (15%) ▇▇▇▇ up to cover the parties administration and management costs associated with performing the work.

Appears in 1 contract

Sources: Commercial Lease (Pure Earth, Inc.)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the exterior walls, roof, all other structural and exterior portions and Common Area portion of the Building Building, and paved areas (concrete/asphalt) of the ProjectPremises in good condition, including roofing the cost of which shall be included in the operating costs and covering materials; foundations (excluding expenses for the Premises, unless any architectural slabsrepair is caused by the acts or negligence of Tenant, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed 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 promptly notify Landlord of any server room in damage to or the necessity of any repairs to the roof or exterior walls. Tenant shall, at its expense, maintain the interior of the Premises); elevators; , and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlordall doors, loading docks and leveling equipment, if any, required by Section 18.1the 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. Tenant shall 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 periodic removal thereof. Tenant's trash containers or dumpster shall be placed at a location on the concrete loading dock pad reasonably agreed to by Landlord and Tenant’s sole cost and expense maintain and . Tenant shall also keep the Premises walkways, loading docks and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten ramps (10if any) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests adjacent to the extent within Tenant’s possession or control or otherwise reasonably attainable by TenantPremises free of litter, ice and snow. In addition, Tenant shall, upon the expiration or sooner termination reasonable request of the Landlord, at Tenant's expense, throughout the Term, surrender the Premises maintain a contract with an extermination service, acceptable to Landlord to provide monthly service to control rodents and other pests in as good a condition as when receivedthe Premises. If Tenant fails to maintain the aforementioned required contracts, ordinary wear Landlord shall provide written notice to Tenant of the failure to maintain the requisite contracts and tear excepted 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 with expenses incurred by Landlord in operating and maintaining the Tenant Improvements 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 Landlord Work in substantially actual cost of personnel directly related to the same condition as existed on the applicable date(sProperty's maintenance and operation, and twenty percent (20%) of Substantial Completion all the foregoing for administrative and overhead costs of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable 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 the Property is 26.4% inclusive of the portion of Hillside Owners Association dues and assessments charged to the Premises. Operating costs and expenses for the Premises shall be determined by Landlord and billed to Tenant no less often than quarterly for any failure fiscal year Landlord may adopt for such purpose. Said ▇▇▇▇▇▇▇▇ shall include an itemized listing of costs incurred. Payments shall be due from Tenant to make any repairs or to perform any maintenance that is Landlord within thirty (30) days after receipt of remittance request from Landlord’s obligation pursuant to this Lease unless such failure . Landlord shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance maintain and, after such unreasonable upon Tenant’s request, provide to Tenant reasonable supporting documentation for any item contained on 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 operating costs and overhead, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice will be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises reimburse Tenant within thirty (30) days for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Leasesaid incorrect charges. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

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

Repairs and Maintenance. 18.119.1. Landlord shall repair and maintain the structural and exterior portions and Common Area Areas of the Building and the Project, including including, without limitation, roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); foundations, exterior walls; , plumbing; , fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); , heating, ventilating, air conditioning, elevators; , and electrical systems installed or furnished by Landlord. Subject to the provisions of Section 10.1(b), any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord outside the Premisescost of such repairs and maintenance. 18.219.2. Except for services of Landlord, if any, required by Section 18.119.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear casualty excepted; and shall, at Landlord’s request and Tenant’s sole cost and expenserequest, remove all telephone and data systems, wiring and equipment from the PremisesPremises installed by Tenant, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B.. 18.319.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s an obligation pursuant to this Lease of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs repairs, or maintenance and, after Landlord discovers the need for such unreasonable time, Landlord is not diligently pursuing such repair(s)repair. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.419.4. Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 19 or Article 10. 19.5. This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project and any related facilities. In the event of fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 25 shall apply in lieu of this Article 19. 19.6. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease (Daystar Technologies Inc)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain 11.1 Throughout the structural and exterior portions and Common Area Term of the Building and the Projectthis Lease, including roofing and covering materials; foundations (excluding any architectural slabsLessee, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s its sole cost and expense maintain expense, will keep and keep maintain, or cause to be kept and maintained, the Demised Premises (including the grounds, sidewalks and every part thereof curbs abutting the same) and the Personal Property in good order and condition without waste and repair, damage thereto from in suitable state of repair at least comparable to that which existed immediately prior to the Commencement Date (ordinary wear and tear excepted, subject to Lessee's obligation to repair and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to replace the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord same in as good a condition as when received, ordinary wear and tear excepted and accordance with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) terms of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premisesthis Lease), and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate will make or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized cause to be made, Tenant shallas and when the same shall become necessary, all structural and nonstructural, exterior and interior, replacing, repairing and restoring necessary to that end. All replacing, repairing and restoring required of Lessee shall be (in the reasonable opinion of Lessor) of quality at least equal to the original work and shall be in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the Demised Premises as a Medicare and Medicaid certified skilled and/or intermediate care nursing home having no less than forty (40) licensed, and Medicaid certified beds. 11.2 Any items of Personal Property that are uneconomical to repair shall be replaced by new items of like kind and all replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the property of Lessee. Lessee shall remove such additional property upon forty-eight (48) hours’ prior notice (which termination or expiration of this Lease provided that Lessee shall make such necessary repairs or replacements as may be oral or by email required in order to return the Demised Premises to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford condition which existed prior to the person causing or authorized to cause such excavation, license to enter removal of the Premises for the purpose additional property. 11.3 Provided there is not an Event of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same Default by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations Lessee under this Lease. 18.5. This Article relates , Lessee shall have the right, at any time and from time to repairs time, to remove and maintenance arising dispose of any Personal Property which may have become obsolete or unfit for use, or which is no longer useful in the ordinary course of operation of the Building Demised Premises, provided Lessee promptly replaces any such Personal Property so removed or disposed of with other personal property free of any security interest, lien or encumbrance. Said personal property shall be of the same character and shall be at least equal in usefulness and quality as any such Personal Property so removed or disposed of, and such replacement property shall automatically become the Projectproperty of and shall belong to the Lessor, and Lessee shall execute such bills of sale or other documents reasonably requested by Lessor to vest the ownership of such personal property in Lessor. Notwithstanding the foregoing, Lessee shall have the right to place leased Personal Property on the Demised Premises provided that the payments due under such leases do not exceed $4,000 per year. In the event Lessee desires to place leased personal property on the Demised Premises having annual payments in excess of a casualty described the amount provided for herein, Lessee shall advise Lessor in Article 24, Article 24 writing and Lessor shall apply in lieu use its reasonable best efforts to seek the approval of this Article. In the event Mortgagee or an amendment of eminent domain, Article 25 shall apply in lieu of this Articlethe Mortgage with respect thereto. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Sun Healthcare Group Inc)

Repairs and Maintenance. 18.1. Landlord shall repair and will maintain the structural following in a clean and exterior sanitary condition, reasonable wear and tear and any casualty covered by the provisions of Article XII of this Lease excepted, promptly (after actual notice) making all necessary repairs and replacements: the Building’s roof, roof deck including joists, downspouts, gutters and other portions and Common Area of the Building roof drainage system, foundation, exterior walls and the ProjectCommon Areas. Landlord’s obligation to maintain the Common Areas includes the regular mowing of any grass, trimming, weed removal and general landscape maintenance, exterior lighting, exterior signs and common sewage plumbing and the maintenance of all paved areas including roofing driveways, parking lots and covering materials; foundations (excluding alleys. You will promptly after obtaining actual knowledge, give Landlord written notice of any architectural slabsdefect or need for repairs to the Premises, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed Building or to the Common Areas, and after receipt of which Landlord will have a reasonable opportunity to repair the same or cure such defect. Landlord’s liability with respect to any server room in defects, repairs, or maintenance or the Premises); elevators; and electrical systems installed curing of such defect for which Landlord is responsible under the provisions of this Lease will be limited to the cost of such repairs or furnished by Landlord outside maintenance or the Premises. 18.2curing of such defect. Except for services of Landlord, if any, required as qualified by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(sParagraph 7.4(a) of Substantial Completion of such workthis Lease, ordinary wear and tear excepted; and shallthe term “walls” as used herein will not include windows, glass or plate glass, doors, special store front or office entry. Landlord will, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from pay for the Premises, and repair of any damage to the Premises resulting from and/or caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate by the negligence or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event misconduct of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this ArticleLandlord Party. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (MAKO Surgical Corp.)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services the obligations of LandlordLandlord set forth in Section 6.03, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s its sole cost and expense, remove shall keep, manage and maintain all telephone and data systems, wiring and equipment from the Premises, and repair any damage to portions of the Premises caused therebyin a first class manner. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates apply to repairs all interior and maintenance arising in the ordinary course of operation exterior areas of the Building Premises, all structural and non-structural elements, and include, but are not limited to, heating, air conditioning and ventilating systems, plumbing and electrical systems, communications systems and elevators. Tenant’s obligations to maintain the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to Premises under this Article shall constitute Operating Expensesinclude the obligation to repair, restore and replace elements of the Premises from time to time in order to keep the Premises in a first class condition. Tenant shall maintain a schedule outlining expected future repairs, replacements and capital improvements for the Premises and the timeframe in which such matters are expected to be accomplished (the “Repair, Replacement and Capital Improvement Schedule”) in accordance with Section 7.03. As a helpful reference, an Anticipated Future Average Useful Life Schedule is attached hereto as Exhibit CE 6 – Anticipated Future Average Useful Life Schedule attached to the Affiliation Agreement, as the same may be amended from time to time, and which is incorporated by reference herein. Tenant’s obligations under this Article shall apply to all maintenance matters, ordinary and extraordinary, and foreseen and unforeseen. Any repairs performed by Tenant shall be at least equal in quality and class required for the original Work. Tenant shall manage and maintain the Premises as would a prudent owner and shall not commit, or allow any of its employees, tenants, visitors, invitees or other occupants of the Premises to commit, any waste or any nuisance on the Premises, or permit any part of the Premises to be used for any dangerous, obnoxious or offensive trade or business, and shall not permit any damaged structures to remain on the Premises for any unreasonable period of time. Except as set forth in Section 6.03, Landlord shall have no obligations with respect to the management or maintenance of the Premises.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shallThe TENANT will, at Landlord’s request and Tenant’s TENANT's sole cost and expense, remove all telephone keep the Demised Premises in good repair and data tenantable condition during the term of this Lease. The repair and maintenance of the whole of the 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, wiring 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 from 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 repair proof that the annual premium for the maintenance has been paid. Provided, if the Tenant enters into the above referenced contract, Landlord shall replace any damage 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 Premises caused therebyTENANT and the LANDLORD at the end of each calendar year. Landlord shall have no obligation to alterThe LANDLORD may, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord but shall not be liable for any failure required to, upon notice to make any repairs or the TENANT, elect to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless enter into such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice maintenance/service contract on behalf of the need TENANT or perform the work itself, and in either case, charge TENANT therefore, together with a reasonable charge of such repairs or maintenance andoverhead. The LANDLORD agrees to repair and maintain in good order and condition the roof, after such unreasonable timeroof drains, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under exterior walls, parking lots, landscaping, exterior lighting and the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to structural integrity of the office manager or other Tenant-designated individual at interior and exterior of the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Industrial Lease Agreement (Rexall Sundown Inc)

Repairs and Maintenance. 18.1. Landlord A. Except as otherwise provided herein, the CITY shall be responsible, at its sole expense and in accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for the proper and reasonable maintenance and repair and maintain the structural and exterior portions and Common Area of the Building building and grounds at all times during the Projectterm of this LEASE. Such proper and reasonable maintenance and repair of the building and grounds is limited to the roof, including roofing and covering materialsperiodic gutter cleaning as necessary; foundations (excluding any architectural slabs, but including any structural slabs)foundation; exterior and interior walls; flooring; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevatorsjointly- used electrical panels; and electrical systems installed or furnished by Landlord outside the PremisesHVAC (heating, ventilation and air conditioning) system. 18.2B. Except as otherwise provided herein, LESSEE shall be responsible, at its sole expense and in accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for the proper and reasonable maintenance and repair of the premises at all times during the term of this LEASE to prevent the premises from entering into a state of disrepair. Except Such proper and reasonable maintenance and repair of the premises includes: (1) Maintenance of the flooring, but only in such a manner that is consistent with the use of techniques and products approved by the CITY Facilities Maintenance Manager in advance of the commencement of any work; paint; electrical wiring and fixtures; equipment that is used for services fire protection or suppression; and the interior of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof premises in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests general. Examples would be but are not limited to the extent within Tenant’s possession following: water leaks, plugged toilets, burnt out bulbs, bad lighting ballasts, holes in walls, tears in carpet or control or otherwise reasonably attainable by Tenant. Tenant shall, upon damaged tile and the expiration or sooner termination general upkeep of the Terminterior. (2) Repair of any damage that is directly or proximately caused by the LESSEE, surrender the Premises to Landlord in as good a condition as when receivedits employees, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) agents, volunteers, contractors or invitees. C. Notwithstanding any other provision of Substantial Completion of such workthis LEASE, ordinary wear and tear excepted; and shallLESSEE shall be responsible, at Landlord’s request its sole expense and Tenant’s sole cost in accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for the proper and expense, remove all telephone and data systems, wiring and equipment from the Premises, and reasonable repair of any damage to the Premises building and grounds that is directly or proximately caused thereby. Landlord by the LESSEE, its employees, agents, volunteers, contractors or invitees. D. For the purposes of this LEASE, the term “grounds” shall have no obligation be deemed to alterinclude the parking lot, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant landscaping and sidewalks appurtenant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expensebuilding. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 18.1. Landlord shall repair Tenant covenants and agrees, at its expense without reimbursement or contribution by Landlord, to keep and maintain all improvements on the structural Demised Premises, including, without limitation, the foundations, exterior paint, plumbing system, electrical system, utility lines and exterior portions and Common Area of connections to the Building and the ProjectDemised Premises, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlordmains, if any, required structural systems (including, without limitation, the roof, roof membrane roof covering [including interior ceiling if damaged by Section 18.1, Tenant shall at Tenant’s sole cost leakage] and expense maintain load-bearing walls and keep the Premises floor slabs and every part thereof masonry walls) in good condition and repair. In addition, damage thereto from ordinary wear Tenant will be responsible for mowing the grass for the entire eleven (11) acre parcel including the trailer park. In the event the Demised Premises become or are out of repair and tear excepted, not in good condition due to the failure of Tenant to comply with the terms of this Article 7 and shall, 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) business days after receipt 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 (10) days after notice and proceed diligently thereafter, then Landlord may either (i) terminate this Lease immediately upon delivery of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests Tenant or (ii) prosecute such repairs itself and add the reasonable cost of such repairs to the extent within Tenant’s possession or control or otherwise 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 necessary repairs and shall deliver contemporaneous notification to Tenant of the 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 Landlord in its sole judgment, then Landlord shall provide such notice as soon thereafter as reasonably attainable by Tenantpracticable. Tenant shall, upon the expiration or sooner Upon termination of this Lease for any reason, Tenant shall return the Term, surrender the Demised Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed it is in on the applicable date(s) of Substantial Completion of such workdate hereof, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Industrial Lease (MST Enterprises Inc)

Repairs and Maintenance. 18.1. 17.1 Landlord shall repair and maintain and repair any defects in the structural and exterior portions and Common Area Areas of the Building Buildings and the Project, including roofing and covering (structure and membrane) materials; foundations (excluding any architectural foundations; slabs, but including any structural slabs); exterior walls; exterior utilities; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises)heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord outside the PremisesLandlord. 18.2. 17.2 Except for services of Landlord, if any, required by Section 18.117.1, Tenant shall at Tenant’s 's sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Lease Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear casualty damage excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense's request, remove all telephone and data systems, wiring and equipment installed by Tenant from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, ; other than pursuant to the terms and provisions of the Work Letter and as described expressly provided in Exhibit B.this Lease. 18.3. 17.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s an obligation pursuant to this Lease of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s)maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s 's expense. Notwithstanding anything to the contrary set forth in this Article 17, if Tenant provides written notice to Landlord of the need for repairs and/or maintenance with respect to the Premises which are Landlord's obligation to perform under Section 17.1 above, and Landlord fails to commence such repairs and/or maintenance within a reasonable period of time, given the circumstances, after receipt of such notice (but in no event earlier than fifteen (15) days after receipt of such notice except in cases where there is an immediate threat of material and substantial property damage or immediate threat of bodily injury, in which case such shorter period of time as is reasonable under the circumstances), then Tenant may, at its option, proceed to undertake such repairs and/or maintenance upon delivery of an additional five (5) business days' notice to Landlord that Tenant is taking such required action (provided, however, that no additional notice shall be required in the event of an emergency which threatens life or where there is imminent danger to property). If such repairs and/or maintenance were required under the terms of this Lease to be performed by Landlord and Landlord has not commenced such repair or maintenance prior to the expiration of such five (5) business day period (or the initial notice and repair period set forth in the first sentence of this Section 17.3 in the event of emergencies where no second notice is required) ("Outside Repair Period"), then Tenant shall be entitled to reimbursement by Landlord of Tenant's actual, reasonable, and documented costs and expenses in performing such maintenance and/or repairs. Such reimbursement shall be made within thirty (30) days after Landlord's receipt of Tenant's invoice of such costs and expenses, and if Landlord fails to so reimburse Tenant within such 30-day period, then Tenant shall be entitled to offset against the Rent payable by Tenant under this Lease the amount of such invoice; provided, however, that notwithstanding the foregoing to the contrary, if (i) Landlord delivers to Tenant prior to the expiration of the Outside Repair Period described above, a written objection to Tenant's right to receive any such reimbursement based upon Landlord's good faith claim that such action did not have to be taken by Landlord pursuant to the terms of this Lease, or (ii) Landlord delivers to Tenant, within thirty (30) days after receipt of Tenant's invoice, a written objection to the payment of such invoice based upon Landlord's good faith claim that such charges are excessive (in which case, Landlord shall reimburse Tenant, within such 30-day period, the amount Landlord contends would not be excessive), then Tenant shall not be entitled to such reimbursement or offset against Rent, but Tenant, as its sole remedy, may proceed to claim a default by Landlord. In the event Tenant undertakes such repairs and/or maintenance, and such work will affect the Base, Shell and Core, any structural portions of the Premises or Building, Tenant shall use only those third party contractors used by Landlord in the Project for such work unless such contractors are unwilling or unable to perform such work at competitive prices, in which event Tenant may utilize the services of any other qualified contractor which normally and regularly performs similar work in comparable first-class buildings in the general vicinity of the Building. Tenant shall comply with the other terms and conditions of this Lease if Tenant takes the required action, except that Tenant is not required to obtain Landlord's consent for such repairs. 18.4. 17.4 If any excavation shall be made upon land adjacent to or under the BuildingBuildings, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such said person shall deem necessary or desirable to preserve and protect the Building Buildings from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s 's obligations under this LeaseLease to the extent Tenant's Permitted Use of the Premises is not materially disrupted; provided that Landlord will ensure that any person entering the Premises acts in a manner which minimizes unreasonable interference with Tenant’s use and occupancy of the Premises and any work must be completed as expeditiously as commercially reasonably possible. 18.5. 17.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building Buildings and the Project. In the event of a casualty described in Article 2423, Article 24 23 shall apply in lieu of this Article. In the event of eminent domain, Article 25 24 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease (Mabvax Therapeutics Holdings, Inc.)

Repairs and Maintenance. 18.1. Landlord shall repair Tenant covenants and agrees, at its expense without reimbursement or contribution by Landlord, to keep and maintain all improvements on the structural Demised Premises, including, without limitation, the foundations, exterior paint, plumbing system, electrical system, utility lines and exterior portions and Common Area of connections to the Building and the ProjectDemised Premises, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlordmains, if any, required structural systems (including, without limitation, the roof, roof membrane roof covering [including interior ceiling if damaged by Section 18.1, Tenant shall at Tenant’s sole cost leakage] and expense maintain load-bearing walls and keep the Premises floor slabs and every part thereof masonry walls) in good condition and repair, damage thereto from ordinary wear . In the event the Demised Premises become or are out of repair and tear excepted, not in good condition due to the failure of Tenant to comply with the terms of this Article 7 and shall, 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) business days after receipt 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 (10) days after notice and proceed diligently thereafter, then Landlord may either (i) terminate this Lease immediately upon delivery of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests Tenant or (ii) prosecute such repairs itself and add the reasonable cost of such repairs to the extent within Tenant’s possession or control or otherwise 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 necessary repairs and shall deliver contemporaneous notification to Tenant of the 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 Landlord in its sole judgment, then Landlord shall provide such notice as soon thereafter as reasonably attainable by Tenantpracticable. Tenant shall, upon the expiration or sooner Upon termination of this Lease for any reason, Tenant shall return the Term, surrender the Demised Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed it is in on the applicable date(s) of Substantial Completion of such workdate hereof, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Industrial Lease (MST Enterprises Inc)

Repairs and Maintenance. 18.1. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area Areas of the Building (including water tightness thereof) and the Project, including including, without limitations, roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); foundations, exterior walls; , the plumbing; , fire sprinkler systems system (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; , heating, ventilating, air conditioning, elevator, and electrical systems installed thereof (and the full cost thereof shall be included as a part of Operating Expenses as provided in Article 7), unless such maintenance or repairs are required in whole or in part because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such maintenance and repairs. Notwithstanding anything to the contrary 21 25 set forth elsewhere in this Lease, Landlord, at its sole cost and expense and not as an Operating Expense, shall be responsible for maintaining the structural integrity of the roof, the exterior walls and the floor slabs of the Building. In the event that Tenant desires to independently arrange for certain services otherwise furnished by Landlord outside (other than landscaping), Tenant shall give notice to Landlord of such desire and, subject to Landlord's approval, which approval shall not be unreasonably withheld, Tenant may make such arrangements in which event Tenant shall pay the Premisesentire cost therefor directly to the provider thereof and no costs associated with any such service shall be included in Operating Expenses. In the event Landlord approves of any such arrangement, Landlord reserves the right to monitor the work or services provided by any such provider. Upon request by Landlord in the event that Landlord is dissatisfied with a provider or with the work or services provided, Tenant shall terminate any such arrangements provided that Tenant shall have no less than forty five (45) days following receipt of Landlord's request to effect such termination. In addition, upon request by Landlord Tenant shall promptly furnish to Landlord copies of all documents, contracts, work orders and other instruments executed in connection with any such arrangement. 18.2. 18.2 Except for services of Landlord, if any, required by Section 18.1this Lease, Tenant shall at Tenant’s 's sole cost and expense maintain and keep the Demised Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Demised Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition damage by casualty excepted. Except as existed on the applicable date(s) of Substantial Completion of such workotherwise specifically provided herein, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof. 18.3 Except as provided in Section 16.2, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that which is Landlord’s an obligation pursuant to this Lease of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, is given to Landlord is not diligently pursuing such repair(s)by Tenant. Tenant waives its the rights under Applicable Laws any law, statute or ordinance now or hereafter in effect to make repairs at Landlord’s 's expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work 's rights being only as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under set forth in this Lease. 18.5. 18.4 Repairs under this Article 18 which are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses. 18.5 This Article 18 relates to repairs and maintenance arising in the ordinary course of operation of the Building Building, the Project and the Projectany related facilities. In the event of a casualty described in fire, earthquake, flood, vandalism, war, or similar cause of damage or destruction, this Article 24, 18 shall not be applicable and the provisions of Article 24 22 entitled "Damage or Destruction" shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articleand control. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease (Gene Logic Inc)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area Areas of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs)foundations; exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises)heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord outside the PremisesLandlord. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expenserequest, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B.B or as specifically set forth in this Lease. 18.3. Subject to Tenant’s rights under this Lease, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s an obligation pursuant to this Lease of Landlord unless such failure shall persist for an unreasonable time after thirty (30) days following the date on which Tenant provides Landlord with written notice of the need of such repairs or maintenance andmaintenance; provided, after however, that if the nature of such unreasonable timeobligation is such that more than thirty (30) days are required for its performance, then Landlord is shall not be liable for any failure to make any repairs if Landlord commences performance of such repairs within such thirty (30) day period and thereafter diligently pursuing such repair(s)prosecutes the same to completion; and provided further, that this sentence does not modify Landlord’s obligations set forth in this Lease regarding the delivery condition of the Premises, Building and Project. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating ExpensesExpenses to the extent allowable under Article 9; provided that, subject to Section 23.7, if such costs are incurred due in whole or in part to any act, neglect, fault or omissions of Tenant or its employees, agents, contractors or invitees, Tenant shall pay to Landlord the reasonable cost of such repairs and maintenance. 18.7. Notwithstanding anything to the contrary in this Lease, in the event of an emergency that poses an imminent threat of harm to the Premises or people or property within the Premises, Tenant shall have the right, but not the obligation, to take whatever action and perform whatever work is reasonably necessary to repair any portion or component of the Premises affected by such emergency. Prior to taking any such action or performing such work, Tenant shall use commercially reasonable efforts to contact Landlord (via phone, if necessary) and agrees not to take such action or perform such work if Landlord commits and is able to perform the same in at least an expeditious manner as Tenant is able to take such action or perform such work; provided, however, that if the emergency situation poses imminent material harm to Tenant such that advance notification to Landlord is not possible while still avoiding such harm, notification of Landlord may proceed concurrently with Tenant’s taking such repair action. Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. To the extent the emergency situation addressed by Tenant under this paragraph is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such emergency situation is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for such portion of the reasonable cost of work performed by Tenant pursuant to this paragraph that is Landlord’s responsibility under this Lease within thirty (30) days of invoice.

Appears in 1 contract

Sources: Lease (Omeros Corp)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, 7.1 Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repairoperating order and keep in good repair and condition the stairs, damage thereto from ordinary wear stairwells, elevator cabs, restrooms, Building mechanical, electrical and tear exceptedtelephone closets, and shallall common and public areas (collectively, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable Building Structure”), and the base building mechanical, electrical, life safety, plumbing, vertical transportation system, sprinkler systems and the heating, ventilating and air conditioning (“HVAC”) systems (collectively, the “Building Systems”), in a first-class manner at least as good as that maintained by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with other buildings in the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shallProject. Subject to Landlord’s reasonable approval, at Landlord’s request and least once each Lease Year, Tenant, at Tenant’s sole cost and expense, remove all telephone shall procure and data systemsmaintain service contracts with specific terms which are comparable to those maintained by Landlord for other buildings in the Project, wiring with copies of the contracts and equipment from the Premisesservice contract providers’ insurance certificates naming Landlord and Landlord’s managing agent as additional insureds, to Landlord within thirty (30) days of execution, with contractors reasonably approved by Landlord, which specialize in and are experienced in the maintenance and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter Tenant’s Building Structure, HVAC and Building Systems. Failure to provide the service contracts and/or evidence of insurance as described in Exhibit B. 18.3required herein prior to performance of any services by such service contractors shall constitute an Event of Default under this Lease. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord In lieu of complying with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates Section 7.1, Tenant may arrange with Landlord to repairs perform Tenant’s obligations under this Section 7.1 and maintenance arising in the ordinary course to reimburse Landlord within twenty (20) days of operation of the Building being billed therefor for all costs and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs expenses incurred by Landlord in connection with providing such contracts and services. If Tenant fails to perform its obligations under this Section 7.1, after five (5) days’ notice from Landlord to Tenant of such failure and Tenant’s failure to cure such failure within such five (5) day period, Landlord may on notice to Tenant take over rendering such services and ▇▇▇▇ Tenant for the cost thereof. 7.2 Landlord shall maintain in good condition and operating order and keep in good repair and condition the Common Areas, and the structural portions of the Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, and beams (collectively, “Landlord’s Building Structure”), and shall perform any reasonably required capital repairs and/or improvement to the Building, subject to being reimbursed for Tenant’s Share of the costs and expenses thereof, in accordance with the provisions of Sections 4.2.4 and 4.3. 7.3 Subject to Landlord’s obligations under Section 7.2, Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term and Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at the Landlord’s reasonable discretion if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall constitute Operating Expensespay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as required or permitted by this Lease or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. Tenant shall at its own expense provide daily janitorial service in the Premises under similar or higher specifications than those maintained by Landlord in Adjacent Buildings and pay for trash and garbage removal from the Premises to the designated Building trash and garbage collection area. Tenant shall be required to keep the Premises in good and clean condition and dispose of any hazardous or toxic materials, including biohazard waste in accordance with applicable laws and not in the Building trash receptacles.

Appears in 1 contract

Sources: Lease Agreement (Biomarin Pharmaceutical Inc)

Repairs and Maintenance. 18.1. Section 1: Landlord shall repair and maintain keep the structural and exterior portions and Common Area foundation, the outer walls, the roof, the inner demising walls of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. except Landlord shall have no obligation not be called upon to altermake any repairs caused by the gross negligence or willful misconduct of Tenant, remodel, improve, repair, decorate its agents or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3employees. Landlord shall not be liable for any failure called upon to make any other improvements or repairs or of any kind on the Premises. To the extent that the HVAC system services those areas of the Premises beyond the Area then rented by T▇▇▇▇▇, T▇▇▇▇▇ agrees to perform share pro-rata based upon rented Area any costs and expenses for HVAC repair, replacement and maintenance. To this end, L▇▇▇▇▇▇▇ agrees to keep and maintain in force a standard maintenance agreement with a company reasonably acceptable to Tenant on all air conditioning equipment and provide a copy of such maintenance agreement to Tenant. The maintenance agreement shall provide that is the company: (i) regularly services the air conditioning units on the Premises at least on a quarterly basis, changing belts, filters, and other parts as required; (ii) performs emergency and extraordinary repairs on the air conditioning units; (iii) keeps a detailed record of all service performed on the Premises; and (iv) prepares a yearly service report to be furnished to Tenant at the end of each calendar year. Not later than thirty (30) days prior to the Rent Commencement Date and annually thereafter, Landlord shall furnish to Tenant a copy of the air conditioning maintenance contract described above, and proof that the annual premium for the maintenance contract has been paid. Section 2: Except as otherwise provided in Section 1 of this Article 6 and subject to Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice duties under Article 4 Section 2, the Area of the need Premises then rented by Tenant shall at all times be kept in good order, condition and repair by Tenant, and in a clean, sanitary and safe condition in accordance with all directions, rules and regulations of such repairs the health officer, fire marshal, building inspector or maintenance andother officers of any governmental agencies having jurisdiction, after such unreasonable time, all at the sole cost and expense of Tenant. To the extent commercially possible and excepting causes of damage for which Landlord is not diligently pursuing such repair(s)solely responsible for maintaining under Article 6 Section 1, Tenant shall permit no water damage or injury to the Premises. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (at its own cost and expense, maintain and take good care of and make necessary and governmentally required repairs, structural and otherwise, to the Area of the Premises then rented by Tenant, and all fixtures and equipment, including but not limited to the exterior and interior windows, doors, locks, entrances, signs, showcases, floor coverings, interior walls, columns and partitions, lighting fixtures, heating ventilating and air conditioning equipment and plumbing and sewage facilities. Tenant shall also be responsible for replacing all fixtures and equipment listed above which are stolen or damaged beyond repair. The Premises may be oral remodeled by Tenant periodically in accordance with T▇▇▇▇▇'s business plan or as determined by email to the office manager or other Tenant-designated individual at the Premises; Tenant in its sole discretion. Any such remodeling may include, but provided that no time restrictions shall apply or advance notice not be required if an emergency necessitates immediate entry)limited to, afford to the person causing or authorized to cause such excavationflooring, license to enter wallcovering, ceiling, storefront, roofline, furnishings, vault, automated teller machine, security systems, and night deposit box, so the Premises are put into like-new condition. Tenant also shall pay for and maintain a termite and pest extermination service for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation Area of the Building and Premises then rented by Tenant. Tenant shall not remodel any part of the Project. In exterior of the event Premises including construction of a casualty described in Article 24drive-thru facility without first obtaining Landlord's written approval, Article 24 which approval shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articlenot be unreasonably withheld. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Pro Financial Holdings Inc)

Repairs and Maintenance. 18.1The Lease is hereby amended by deleting ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ ▇ and C and Exhibit B, Paragraph 23, Section C and D in their entirety. Landlord shall repair and maintain Tenant hereby agree that it is the structural and exterior portions and Common Area intention of the Building parties that this Lease is an absolute net lease whereby Tenant is responsible for all repairs and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect maintenance to any server room in the Premises); elevators; , normal wear and electrical systems installed tear excepted and subject to the terms and conditions of Paragraph 11 and Exhibit B, Paragraph 23A of the Lease. On or furnished by Landlord outside before December 1 of each year during the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1Term hereof, Tenant shall at Tenant’s sole cost provide Landlord with a written annual budget for the following calendar year for repairs, maintenance and expense maintain capital expenditures, copies of all service contracts and keep a schedule setting forth routine maintenance to be performed on the Premises. On or before the twentieth (20th) 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 every part 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 systems and equipment and must become effective (and a copy of all such contracts thereof delivered to Landlord) 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 Tenant agrees to allow Landlord access to the Premises during Tenant's normal business hours to inspect the Premises for any purpose. Should Tenant not properly repair or maintain the Premises in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary normal wear and tear excepted and with subject to the terms and conditions of 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 Premises and perform such maintenance or repair on behalf of Tenant, except that no notice shall be required in case of emergency. Notwithstanding the foregoing, Landlord shall not enter the Premises to perform any maintenance or repairs on behalf of Tenant Improvements if the repairs are of a nature and type that cannot be reasonably repaired within said fifteen (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, then Landlord Work in substantially shall have the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shallright to cause Tenant, at Landlord’s request and Tenant’s 's sole cost and expense, remove to enter into regularly scheduled preventative maintenance/service contracts with a third-party contractor or contractors for servicing all telephone heating and data systems, wiring air conditioning systems and other equipment from the Premises, and repair any damage to in the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint and for the Premises itself. Any such maintenance contractor(s) must be approved by Landlord in writing, which approval shall not be unreasonably withheld or any part thereofdelayed notwithstanding the foregoing, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after cause Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting into preventative maintenance/service contracts if Tenant’s obligations 's default under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event section is of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articlenature and type that cannot reasonably be cured within said fifteen (15) day period and Tenant has commenced to cure such default within said fifteen (15) day period and diligently pursues such curative measures thereafter until such default is cured. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Mentor Corp /Mn/)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the ProjectThe Tenant shall, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole its own cost and expense maintain expense, throughout the Term and keep any extension thereof, maintain, repair, renew, and replace, as and when would a prudent owner, the Premises and Lands (and prior to the Landlord erecting any building on the relevant portion of the Excluded Greater Lands, the Tenant shall also maintain, repair, renew, and replace, as and when would a prudent owner the Excluded Greater Lands), excluding any Capital Repair or Replacement, and every part thereof thereof, in good condition order and repair, damage thereto from repair (ordinary wear and tear excepted, but subject to repair and shallreplacement as would be made by a prudent owner) as would a prudent owner, within ten (10) business days after receipt and in accordance with all Laws and recommendations of written notice from all applicable Authorities having jurisdiction and keep the Premises free of debris and neat and tidy at all times and repair and maintain in good order and operating condition, and replace or rebuild whenever reasonably required the Premises. The Tenant shall cause the operation, maintenance and repair of the Premises to be conducted as would a prudent owner in accordance with manufacturer’s design capacity, specifications and recommendations and a maintenance program approved by the Landlord and by contractors approved by the Landlord, provide in each case such approval not to be unreasonably withheld. The Tenant shall put in place and keep up to date a detailed maintenance, repair and replacement logbook and make same available to the Landlord for its review, and allow the Landlord to inspect the maintenance, repairs, and replacements performed in accordance with such maintenance program, upon request from time to time. Tenant shall confirm with any requirements that the Landlord may have for the logbook, which will include but not be limited to containing records of the dates of inspections, repairs, and replacements and a receipt for the same. If any Capital Repair or Replacement is required and/or necessary during the Term, the Landlord shall undertake such Capital Repair or Replacement and each relevant year thereafter, the Tenant shall pay to the Landlord as Additional Rent forthwith upon demand being made therefor by the Landlord upon the Tenant, an amount equal to the annual amortization of the cost of such Capital Repair or Replacement, on a straight line to zero basis, over the normal useful life of such Capital Repair or Replacement, all in accordance with GAAP or IFRS except if such Capital Repair or Replacement is charged entirely in the year incurred in accordance such principles plus interest on the unamortized balance equal to the Prime Rate plus two percent (2%). The Landlord shall be responsible, at its sole expense, for all Structural Repairs, excepting any costs or expenses resulting from any damage caused by Tenant or those form who it is responsible for at law, which shall be payable by Tenant to Landlord any maintenance records that (together with a fifteen (15%) percent administration fee on the amount of such cost and expense) as Additional Rent forthwith upon demand being made therefor by the Landlord reasonably requests to upon the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shallhereby acknowledges and agrees that Landlord (including its employees, upon the expiration agents or sooner termination of the Term, surrender contractors) shall be permitted access to the Premises to perform any maintenance, repairs or replacements for which Landlord in as good a condition as when receivedis responsible under this Lease, ordinary wear and tear excepted and with such access (which may include temporary storage of equipment or materials at the Tenant Improvements Premise, interruption of utilities, and the temporary occupancy of portions of the Premises) shall not constitute a default by the Landlord Work in substantially hereunder so long as Landlord uses commercially reasonable efforts to minimize interruption of the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from business at the Premises, and repair . There will be no compensation or abatement in Rent related to any damage to the Premises caused therebyaccess. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing responsible for any damage caused as a result of such repair(s). Tenant waives its rights under Applicable Laws now access or hereafter in effect to make repairs at Landlord’s expensework. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease (Cannapharmarx, Inc.)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area Areas of the Building and the Project, including including, without limitation, roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); foundations, exterior walls; , plumbing; , fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); , heating, ventilating, air conditioning, elevators; , and electrical systems installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 18.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord outside the Premisescost of such repairs and maintenance. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B.Landlord’s Work. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s an obligation pursuant to this Lease of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s)maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations Repairs under this LeaseArticle 18 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 18. 18.5. This Article 18 relates to repairs and maintenance arising in the ordinary course of operation of the Building and the ProjectProject and any related facilities. In the event of a casualty described in Article 24fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 24 22 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article18. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease (Cytrx Corp)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect The Agents will attend to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide day to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to day minor repairs and maintenance arising in the ordinary course of operation of the Building Property and the Projectits contents. In the event of major repairs, the Agents will endeavour to consult with and take instruction from the Landlord. The Landlord agrees to carry out or give instruction to carry out repairs or maintenance within a casualty described in Article 24, Article 24 shall apply in lieu reasonable period of this Articletime – normally 5 working days. In the event of eminent domainan emergency or when the Agents consider it necessary, Article 25 shall apply we will act in lieu order to protect the Landlords interest without consultation. The Landlord will be responsible for the cost of this Articleany 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 accept 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, 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 necessary repairs or cleaning to the Property. Notwithstanding the keeping of a float, if there are insufficient funds in the Landlord’s account the Agents reserve the right not to instruct any works until sufficient funds are received from the Landlord. In the event that the sums held by way of a float are expended (whether in whole or part), the Landlord hereby agrees that the Agents can deduct the required sums to replenish the float from any subsequent rental payments, failing which, the Landlord will provide the Agents with replacement funds within 7days of a request to do so. The Landlord also hereby agrees that the Agents will retain any interest earned by the holding of such a float. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Management Service Agreement

Repairs and Maintenance. 18.1. Landlord Tenant shall repair and maintain the structural and exterior portions and Common Area Premises in as good a condition as exists at the commencement of the Building and the Projectthis Lease, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt shall keep all areas of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, both inside and repair outside, clean, sanitary and free from any accumulations of debris, filth, rubbish and garbage. Tenant shall be responsible for any damage to the Premises beyond ordinary wear and tear or caused therebyby the negligence or willful act of Tenant or Tenant’s agents, contractors, visitors and guests. Landlord Ripped and stained carpet, holes in the wall, dented appliances, broken latches or hinges are examples of damage that would be above normal wear and tear. Tenant is requested to use any of the numerous products to affix items to the walls other than nails, wall anchors, screws and the like to avoid holes. Manager shall have no obligation the right to alterrepair such damage and Tenant shall reimburse Manager within five (5) days after demand therefor. ▇▇▇▇▇▇ agrees to notify Manager promptly of all required repairs in writing via their tenant portal and consents to the entry of Manager’s licensed, remodel, improve, repair, decorate bonded and insured vendor on or paint about the Premises to make repairs. (See Addendum: Rules and Regulations for Work Order Procedure). Tenant shall test at least once every six (6) months and replace batteries as needed in any smoke alarm or smoke detector provided by Manager and shall notify Manager in writing of any part thereof, other than pursuant to the terms and provisions of the Work Letter and operating deficiencies as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s)ORS 479.275. Tenant waives its rights under Applicable Laws now shall replace any lost or hereafter damaged garage door openers provided to Tenant. Tenant shall replace missing or burned out light bulbs, filters for HVAC, fridge and other items used/consumed by Tenant. Tenant shall take reasonable steps to prevent the freezing of any pipes or well lines during cold weather periods. Tenant is responsible for maintaining the landscaping to city and HOA code unless the Premises include either private or HOA landscaping services. Tenant is required to adequately keep yard and shrubs in effect green healthy condition. Failure to make repairs at Landlord’s expense. 18.4water adequately to keep plants and shrubs alive will be Tenant financial responsibility. Summertime watering is required. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be madehome has a pool, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email is required to the office manager or other Tenant-designated individual maintain proper water level at all times. Upon vacating the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter ▇▇▇▇▇▇ must leave the Premises clean and follow Manager’s “Tenant Cleaning Checklist for the purpose of performing such work as such person shall deem necessary or desirable Vacating Property.” Homeowners Association Violations: There will be a $50 fine, charged to preserve and protect the Building from injury or damage and to support the same by proper foundationstenant, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenantper HOA violation not resolved within HOA’s obligations under this Leaseallotted time frame. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area (a) TENANT must take good care of the Building Premises and keep sidewalks, passageways and curbs in front of and/or next to the ProjectPremises in a clean and orderly manner, free from snow, ice, dirt, garbage and other obstructions. TENANT is responsible for all damage due to lack of care. TENANT is responsible for all nonstructural repairs including roofing nonstructural repairs caused by normal wear and covering materials; foundations (excluding tear. If TENANT fails to make such repairs, LANDLORD may do so and charge TENANT the cost of such repairs as Additional Rent. TENANT shall not excavate nor perform any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room foundation work in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep (b) If the Premises is improved property, TENANT must also make all nonstructual interior and every part thereof exterior repairs at its own expense. If TENANT fails to make such repairs, LANDLORD may do so. Any amount due LANDLORD from TENANT pursuant to this Paragraph shall be paid by TENANT as Additional Rent within fifteen (15) days after receipt of an itemized bill therefor. (c) TENANT is responsible for maintaining all mechanical equipment examples of which include but are not limited to HVAC systems and boilers in good condition working order and repairmust ensure that all mechanical equipment is accessible and kept free and clear of all materials, damage thereto from ordinary wear debris and tear exceptedor obstructions. (d) TENANT shall undertake all normal periodic maintenance of the Premises as needed. (e) All repairs, restorations and shallreplacements by TENANT shall be done in a good and workmanlike manner. If TENANT shall fail to commence the making of such repairs, restorations or replacements within ten (10) business days after written request from LANDLORD, or if after commencing them, shall fail to make and complete them with reasonable diligence, they may, at LANDLORD’S option, be made by LANDLORD at the expense of TENANT. Any amount due LANDLORD from TENANT pursuant to this Paragraph shall be paid by TENANT as Additional Rent within fifteen (15) days after receipt of written notice an itemized bill therefor. (f) Failure of TENANT to make repairs pursuant to this Article shall, at LANDLORD’S option, be deemed an event of default. (g) Except as expressly provided otherwise in this Lease, there shall be no rent allowance to TENANT and no liability on the part of LANDLORD by reason of inconvenience, annoyance or injury to business arising from Landlord, provide the TENANT performing its maintenance and repair obligations or LANDLORD performing same by reason of TENANTs failure to Landlord perform as set forth herein. TENANT may not claim eviction in whole or in part. (h) It is acknowledged that LANDLORD has no obligation to make structural repairs of any maintenance records that Landlord reasonably requests kind or nature to the extent within Tenant’s possession Premises. In the event conditions arise on the Premises which constitute health and safety conditions such conditions must be addressed by TENANT promptly. TENANT shall immediately take all necessary steps to minimize risks to persons and property. If TENANT is unable or control unwilling to promptly restore the Premises to a safe condition LANDLORD reserves the right to terminate this lease in accordance with Paragraph 41 (“Termination”) hereinafter. (i) TENANT shall leave the Premises broom clean at the end of the Term. If TENANT leaves any of its property, including, without limitation, trade fixtures, in or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination Premises at the end of the Term, surrender LANDLORD may dispose of it and charge TENANT for the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion cost of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Buildingdisposal, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work keep it as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Leaseabandoned property. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Month to Month Lease

Repairs and Maintenance. 18.1. Landlord shall Subject to Landlord’s obligations under Section 6.2, Tenant will keep the Leased Premises in good order, condition and repair and maintain Tenant agrees to make any and all repairs to the structural Leased Premises during the Term and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room improvements placed in the Leased Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall all at Tenant’s sole own cost and expense maintain and keep without expense to Landlord including, without limitation, the interior walls (other than exterior or structural walls), ceilings, utility meters, pipes and conduits within the Leased Premises (excluding ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇), ▇▇▇▇▇▇’s fixtures, heating, ventilating and every part thereof in good condition air conditioning equipment installed by Tenant, all Tenant signs, locks and repairdoor closing devices, damage thereto from ordinary wear security systems, doors and tear excepteddoor frames and glass (other than exterior glass), and shallany repairs to such improvements or installations required by any governmental authority. All such repairs shall be made by Tenant promptly without delay, within ten (10) business days after receipt except for delays beyond Tenant’s reasonable control, and shall be made of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests quality or class equal to the extent within Tenant’s possession original work or control or otherwise construction. Repairs as used herein shall mean replacement whenever reasonably attainable by Tenantnecessary. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear is not responsible for such repairs and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of if the need of for such repairs or maintenance andresults from: (i) Landlord’s failure to perform its obligations hereunder; (ii) the act or neglect of Landlord or those claiming by, after through or under Landlord; or (iii) damage by fire or other casualty covered by Landlord’s insurance. In any such unreasonable timeevents, Landlord is not diligently pursuing responsible for such repair(s)repairs. If Tenant waives its rights under Applicable Laws now refuses or hereafter in effect neglects to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under such repair within the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no prescribed time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose curing of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations defaults under this Lease. 18.5, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property (except due to the negligence or willful misconduct of Landlord, its agents, employees or contractors), or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay Landlord’s reasonable out of pocket cost for making such repairs upon presentation to Tenant of a ▇▇▇▇ therefor as Additional Rent. This Article relates Said ▇▇▇▇ shall be due and payable within twenty (20) days of receipt thereof and if not paid shall bear interest at the Default Rate computed from the due date of said ▇▇▇▇ to repairs the date of payment by Tenant to Landlord. In addition to the foregoing, Tenant’s maintenance of all heating, ventilating and air conditioning equipment installed by Tenant shall include (a) at least semi-annual inspections and cleaning of such equipment, together with such adjustments and servicing as each such inspection discloses to be required (unless otherwise specified in writing by the manufacturer of such equipment and Landlord reasonably determines that such specifications are suitable for the maintenance arising in the ordinary course of and operation of the Building such equipment) and the Project. In the event of a casualty described in Article 24(b) all repairs, Article 24 testing and servicing as shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred be necessary or reasonably required by Landlord pursuant to this Article shall constitute Operating Expensesor Landlord’s insurance underwriter.

Appears in 1 contract

Sources: Lease Agreement (CarGurus, Inc.)

Repairs and Maintenance. 18.1. Landlord shall repair Tenant covenants and agrees, at its expense without reimbursement or contribution by Landlord, to keep and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in all improvements on the Premises); elevators; , including, without limitation, the foundations, exterior paint, plumbing system, electrical system, utility lines and electrical systems installed or furnished by Landlord outside connections to the Premises. 18.2. Except for services of Landlord, sprinkler mains, if any, required structural systems (including, without limitation, the roof, roof membrane roof covering [including interior ceiling if damaged by Section 18.1, Tenant shall at Tenant’s sole cost leakage] and expense maintain load-bearing walls and keep the Premises floor slabs and every part thereof masonry walls) in good condition and repair, damage thereto from ordinary wear . In the event the Premises become or are out of repair and tear excepted, not in good condition due to the failure of Tenant to comply with the terms of this Article 7 and shall, if any and all repairs necessary to restore the Premises to a state of good condition and repair are not completed within ten (10) business days after receipt 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 (10) days after notice and proceed diligently thereafter, then Landlord may either (i) terminate this Lease immediately upon delivery of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests Tenant or (ii) prosecute such repairs itself and add the reasonable cost of such repairs to the extent within Tenant’s possession or control or otherwise 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 necessary repairs and shall deliver contemporaneous notification to Tenant of the 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 Landlord in its sole judgment, then Landlord shall provide such notice as soon thereafter as reasonably attainable by Tenantpracticable. Tenant shall, upon the expiration or sooner Upon termination of the Termthis Lease for any reason, surrender Tenant shall return the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed it is in on the applicable date(s) of Substantial Completion of such workdate hereof, ordinary wear and tear excepted; and shall. Notwithstanding the foregoing, Landlord shall be responsible, at Landlord’s request and Tenant’s 's sole cost and expense, remove all telephone and data systems, wiring and equipment from for maintaining the Premises, and repair any damage to landscaping of the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms in a neat and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseorderly condition. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Industrial Lease (MST Enterprises Inc)

Repairs and Maintenance. 18.1. (a) The Landlord shall repair and maintain in good order and condition at its expense throughout the structural term of this Lease, the exterior and structure of the Demised Premises, including roof, parking areas and exterior portions and Common Area structure, as well as all parts of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; plumbing and electrical systems installed not within the Demised Premises and the Landlord shall make any repairs necessary to make all exterior doors and windows air and water tight and in a safe condition. (b) The Tenant shall repair and maintain in good order and condition the interior of said Demised Premises, including all glass in windows, doors or furnished by Landlord skylights, heating, plumbing, electrical and air conditioning systems which are within or on the Leased Premises. The Tenant agrees to keep both sides of all outside glass areas in a neat and clean condition, and to store all trash and garbage within the Demised Premises. 18.2(c) From the Commencement Date through the end of the fifth year of the Lease, Tenant will repair and maintain any plumbing, HVAC and electrical systems in the Demised Premises and Tenant shall be liable for the cost of said repairs up to $500.00 per repair to the plumbing or electrical systems and up to $750.00 per repair to the heating, ventilation and air-conditioning system ("HVAC"). Except for services Any repair to the electrical or plumbing systems in excess of $500.00 (or $750.00 in the case of HVAC) ("Excess Repair") will be at the expense of the Landlord, except if anydue to Tenant's willful or negligent acts. Tenant will be responsible for the repair of all glass in the building, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep except if the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from is due to Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession 's willful or control or otherwise reasonably attainable by Tenantnegligent acts. Tenant shall, upon prior to having any Excess Repair commenced, obtain the expiration or sooner termination consent of Landlord, which should not be unreasonably withheld unless Landlord is able to have said repair completed at a lower cost. Upon approval and completion of the TermExcess Repair, surrender Tenant shall invoice Landlord for the Premises to Landlord cost of any such repair in as good a condition as when received, ordinary wear excess of the amounts stated in this paragraph together with copies of invoices received by Tenant for such repairs and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation promptly remit such excess amounts to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseTenant. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Alarmguard Holdings Inc)

Repairs and Maintenance. 18.1. Landlord shall repair agrees, at its expense, to keep the roof, foundations, plumbing, -------- sprinkler mains, structural systems, and maintain the structural and exterior portions and Common Area curtain walls of the Building and the Project, premises including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof --------- plate glass in good condition and repair, but Landlord shall not be obligated to ----------- repair any such damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days caused by the same being or becoming out of repair until it has had reasonable opportunity to have the same repaired after receipt being notified in writing of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable need of same by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to In no way shall Landlord in as good a condition as when received, ordinary wear incur any expense for such repairs and tear excepted maintenance where such repair and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and maintenance is occasioned by Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3's negligence. Landlord shall not be liable to Tenant for any failure damage to trade fixtures or personal property of Tenant in the premises caused by water leakage from roof, water lines, sprinkler or heating and air conditioning equipment. Landlord agrees to maintain all heating, ventilating and cooling systems and all elevators and escalators within the Development and Tenant agrees to reimburse Landlord for Tenant's pro rata share of said expenses on a pro rata basis in the same manner as is set forth in Articles 3.02 and 20 herein. Tenant agrees, at Tenant's expense, to keep all other parts of the premises, in good order and repair, clean, sanitary and safe, including the replacement of equipment, fixtures and any non-standard electrical wiring fixtures or equipment and to paint the interior when necessary in order to maintain at all times a clean and sightly appearance. If Tenant refuses or neglects to make repairs and/or maintain the premises, or any repairs or part thereof, in a manner reasonably satisfactory to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure , Landlord shall persist for an unreasonable time after have the right, upon giving Tenant provides Landlord with reasonable written notice of the need of its election to do so, to make such repairs or perform such maintenance andon behalf of and for the account of Tenant. In such event, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation work shall be made paid for by Tenant as Additional Rent promptly upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event receipt of a casualty described in Article 24▇▇▇▇ therefor, Article 24 which shall apply in lieu of this Articleinclude amounts for profit and overhead. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.Illegible ---------- Initials -5-

Appears in 1 contract

Sources: Lease Agreement (Medicode Inc)

Repairs and Maintenance. 18.1. Landlord shall repair Tenant shall, at all times during the Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair the structural and exterior portions and Common Area of Leased Premises, the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises Property and every part thereof in good condition including, without limiting the generality of the foregoing, (i) all walls, floors and repairceilings, damage thereto from ordinary wear (ii) all windows, doors and tear exceptedskylights, (iii) all electrical wiring, conduits, connectors and fixtures, (iv) all plumbing, pipes, sinks, toilets, faucets and drains, (v) all lighting fixtures, bulbs and lamps, elevators, and shallall heating, within ten ventilating and air conditioning equipment, and (10vi) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests all entranceways to the extent within Tenant’s possession or control or otherwise reasonably attainable by TenantLeased Premises. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shallshall hire, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone a licensed heating, ventilating and data systemsair conditioning contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the heating, wiring ventilating and air conditioning equipment from and systems serving the Leased Premises, and a licensed roofing contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the roof of the Leased Premises. Tenant shall, at all times during the Lease Term, keep in a clean and safe condition the Outside Areas. Tenant shall regularly and periodically sweep and clean the driveways and parking areas. Tenant shall, at its sole cost and expense, repair any all damage to the Premises Leased Premises, the Building, the Outside Areas or the Property caused therebyby the activities of Tenant, its employees, invitees or contractors promptly following written notice from Landlord to so repair such damages. Landlord If Tenant shall have no obligation fail to alter, remodel, improve, repair, decorate perform the required maintenance or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure fail to make any repairs or to perform any maintenance that is Landlord’s obligation required of it pursuant to this paragraph within a reasonable period of time following notice from Landlord to do so, then Landlord may, at its election and without waiving any other remedy it may otherwise have under this Lease unless or at law, perform such failure shall persist maintenance or make such repairs and charge to Tenant, as Additional Rent, the costs so incurred by Landlord for an unreasonable time after Tenant provides Landlord with written notice same. All glass within or a part of the need Leased Premises, both interior and exterior, is at the sole risk of such repairs or maintenance andTenant and any broken glass shall promptly be replaced by Tenant at Tenant’s expense with glass of the same kind, after such unreasonable time, size and quality. Notwithstanding the foregoing. Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation agrees that Landlord shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email responsible for repairs to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation roof of the Building and to be made as soon as reasonably practicable after the ProjectLease Commencement Date, up to a maximum cost of Ten Thousand Dollars ($10,000.00). In the event of Such repairs shall be performed by a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred licensed contractor chosen by Landlord pursuant to this Article shall constitute Operating Expensesand reasonably approved by Tenant.

Appears in 1 contract

Sources: Lease Agreement (Allion Healthcare Inc)

Repairs and Maintenance. 18.1. Subject to Section 18.2 below, Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); Base HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises)systems; elevators; and electrical systems installed or furnished by Landlord outside the PremisesLandlord. 18.2. Except for services of Landlord, if any, required by Section 18.1as otherwise set forth in this Lease, Tenant shall at Tenant’s 's sole cost and expense maintain and keep the interior of the Premises and every part thereof (and all equipment, systems and facilities serving the Premises, regardless of where such equipment, systems and facilities are located) in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests requests. Landlord may elect to perform repairs, maintenance and replacements as required for any mechanical, electrical or plumbing or process systems (such as any RO/DI system, electric steam boilers, or similar equipment) serving the extent Premises, or may elect to require Tenant to repair and maintain all or any of such systems that exclusively serve the Premises. As to any systems that Landlord elects to repair and maintain, all costs to repair, maintain and replace (if required) such system or equipment will be payable by Tenant to Landlord as Additional Rent within thirty (30) days after invoicing therefor. In the event any such systems or equipment serve multiple tenants, the cost of repair, maintenance and replacement will be equitably allocated among the tenants using the applicable system or equipment based on their relative usage, as determined by Landlord. In the event Landlord elects to have Tenant perform all repairs, maintenance and replacement of any such systems or equipment exclusively serving the Premises, Tenant will perform such repairs, maintenance and replacement required to keep such systems in good working order and condition, at Tenant’s possession 's sole cost. Tenant will be required to engage contractors for such purposes that are reasonably approved by Landlord and will provide Landlord with copies of all repair and maintenance records relating to such systems or control or otherwise reasonably attainable by Tenantequipment. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises and all systems and equipment that Tenant is required to maintain hereunder to Landlord in as good a condition as when received, ordinary wear and tear excepted received and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such workwhen completed, ordinary wear and tear excepted; and shall, at Landlord’s 's request and Tenant’s 's sole cost and expense, remove all telephone and data systems, wiring and equipment installed or used by Tenant from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s 's obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s)maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s 's expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s 's obligations under this Lease. Landlord will cause any parties performing work pursuant to this Section 18.4 to use commercially reasonable efforts to minimize any interference with Tenant's use and occupancy of the Premises. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless expressly excluded by this Lease or otherwise payable by Tenant as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Natera, Inc.)

Repairs and Maintenance. 18.1CABOSA/SU and SPAR agree that all necessary grounds and structure maintenance of the Cargill Parks will be conducted on an as-needed basis year round. Landlord In order to create a clear understanding of the scope of this work, COBASA/SU and SPAR will jointly develop mutually agreeable standards of operation in written form for these facilities. During the Initial Term of this AGREEMENT, CABOSA/SU will pay the CITY’s soccer enrichment fund for the Soccer Facilities at Cargill Parks the sum of TWELVE THOUSAND AND NO/100 ($12,000.00) DOLLARS on the Effective Date of this AGREEMENT and the same amount each year on the anniversary date of this AGREEMENT. SPAR shall maintain the facilities with funds as may be approved by the voters of Shreveport and allocated to these facilities in the Cargill Parks' annual budget by the SPAR Director. Subject to SPAR's annual operating budget constraints, the following general maintenance guidelines are agreed to by the parties: (a) CABOSA/SU will at all times during the term of this AGREEMENT manage and maintain the premises in a neat, safe, and orderly condition; (b) with the exception of normal wear caused by use, in the event it is determined by SPAR that damage to facilities and/or equipment has occurred due to abuse or misuse by CABOSA/SU, or CABOSA/SU sponsored users, CABOSA/SU shall be responsible for the repair and/or returning the facility and/or equipment to its pre- damaged condition as determined by SPAR; (c) SPAR will provide proper grounds maintenance throughout the year, including turf grass management necessary for quality soccer fields, general grounds maintenance and playing field maintenance; (d) SPAR will repair and maintain the then existing buildings, parking lots, driveways and the irrigation systems within the Cargill Parks' boundaries at the time of execution of this AGREEMENT; including but not limited to (i) all exterior and structural and exterior portions and Common Area of the Building buildings, including exterior walls, glass and roof; (ii) all parking areas, driveways, sidewalks, drainage systems and landscaped areas; (iii) all plumbing, heating, air conditioning and electrical systems; (iv) all floors, ceilings and interior walls and partitions; and (v) all doors and windows, and (vi) all emergency generators and elevators. In the event that CITY fails to repair the Cargill Parks as required herein within a reasonable time after written notice thereof from CABOSA/SU, CABOSA/SU shall have the right in order to preserve the Cargill Parks and the Projectexhibits and other furnishings placed therein, including roofing and covering materials; foundations (excluding or any architectural slabsportion thereof, but including to make such repairs or have a licensed contractor make such repairs. In the event that there is a major repair needed of any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear exceptedemergency nature, and shallCITY is unable to make such repair in a timely manner, within ten (10) business days after receipt of written notice from Landlord, provide CABOSA/SU shall have the right in order to Landlord any maintenance records that Landlord reasonably requests to preserve the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements Cargill Parks and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of exhibits or other furnishings placed therein, or any portion thereof, to make such work, ordinary wear and tear excepted; and shall, at Landlordrepairs. When circumstances require that CITY’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair immediate attention be called to any damage to the Premises caused thereby. Landlord shall have no obligation to alterCargill Parks or the exhibits placed therein, remodel, improve, repair, decorate or paint the Premises or any part portion thereof, other than pursuant to the terms and provisions CABOSA/SU shall notify CITY of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with by personal delivery of written notice of or by other personal contact. CITY reserves the right to timely review the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.stated repair and

Appears in 1 contract

Sources: Cooperative Endeavor Agreement

Repairs and Maintenance. 18.13.1 OVERVIEW 12. Landlord shall repair and maintain The property named above is accepted by the structural and exterior portions and Common Area Lessee in good condition. ▇▇▇▇▇▇ acknowledges that at the start of the Building lease agreement, the premises is free of mold and mold related conditions. In the Projectevent mold, including roofing water leaks or water damage is discovered, Lessee must notify landlord immediately by submitting a maintenance request online via the tenant portal. ▇▇▇▇▇▇ agrees if a problem is found to give landlord a minimum of 30 calendar days to remedy. Any damages to the property being leased must be reported to the Lessor online through the tenant portal within seven days of taking possession of the property. The Lessee further agrees to allow no damages to occur to the property. All problems/repairs must be reported to Main Street Real Estate Group in writing via the Main Street Real Estate Group website and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in tenant portal. ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Reported damages which are the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services result of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear exceptedwill be repaired by Main Street Real Estate Group. Damages which are the result of the negligence of the Lessee or the Lessee’s guests, and shalllicensee’s or invitees will be repaired by Main Street Real Estate Group, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests but will be billed to the extent within Tenant’s possession or control or otherwise reasonably attainable Lessee and must be paid by Tenantthe Lessee immediately. Tenant shall, upon Examples of repairs which are not the expiration or sooner termination result of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and which will be the responsibility of the Lessee are: air conditioning repairs caused by not changing air conditioning filters monthly, sewer blockages (other than roots in the sewer line), broken glass (regardless of cause), frozen pipes, broken or missing screens and/or any other damage which is caused by the actions or the inactions of the Lessee. If the property includes a refrigerator with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premisesa water line and/or ice maker, and repair said items are found to not be functional, the refrigerator will not be replaced as long as the unit is otherwise functional. Main Street Real Estate Group is NOT responsible for changing water filters in refrigerators. Tenant will do this at their expense. 13. The Lessor or his agents may enter the premises at any damage time to the Premises caused thereby. Landlord shall have no obligation make emergency repairs or during normal daylight hours to alter, remodel, improveinspect, repair, decorate or paint maintain the Premises property, or to show the premises to prospective tenants, or buyers, or other agents deemed appropriate by Lessor. Lessor will give Lessee at least 12 hours’ notice to entering property unless it is deemed an emergency then Lessor is authorized to enter at any part thereoftime. Phone calls, other than pursuant to the terms and provisions texts or e-mailed messages are considered notice. Lessor is not responsible for Lessee not checking messages. ▇▇▇▇▇▇ acknowledges that Lessor will be conducting quarterly inspections of the Work Letter and as described in Exhibit B. 18.3property. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.X Initial Here

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10a) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove maintain the Premises and all telephone other areas of the Project not the obligation of Landlord in Section 13(b) below, in good, clean and data safe condition and 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 be solely responsible for maintaining and repairing all fixtures, heating, ventilation and air conditioning systems, wiring plumbing, electrical lighting, ceilings and equipment from floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises. In addition, and repair any damage to the Premises caused therebyTenant shall be responsible for 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 Premises or except as specifically set forth in this Lease. Under no circumstances shall Tenant make any part thereof, other than pursuant repairs to the terms and provisions Building or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Work Letter Premises, unless such repairs are previously approved in writing by Landlord, which shall not be unreasonably withheld. If Tenant 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 described in Exhibit B. 18.3are 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 not be liable have no liability to Tenant for any failure to make any repairs damage, inconvenience, or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord interference with written notice the use of the need Premises by ▇▇▇▇▇▇ as the result of performing any such repairs or maintenance and, after such unreasonable timework. (b) Subject to Tenant’s obligations under Section 7 above, Landlord is not diligently pursuing such repair(s)shall be responsible for making all structural repairs to the Building, and shall maintain the sidewalls, and foundations of the Building in good, clean and safe condition and repair. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs Landlord, at Landlord’s expense. 18.4sole cost, shall maintain the parking areas of the Project and the roof of the Building in good condition and repair. If any excavation Landlord may elect to maintain all landscaping, signs, sidewalks and other exterior Building Exterior Areas that are the obligation of Tenant, the costs of which shall be made upon land adjacent reimbursed by Tenant to or under the BuildingLandlord pursuant to Section 7 above. The foregoing obligations of Landlord contained in this Section 13(b) are collectively referred to as “Landlord’s Repairs”. Except as otherwise provided in this Lease, or Landlord shall be authorized have no liability to be madeTenant, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions nor shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs and maintenance arising or changes which Landlord is required or permitted by this Lease or required by law to make in the ordinary course of operation or to any portion of the Building and or the Project. In Landlord shall use reasonable efforts to minimize any interference with ▇▇▇▇▇▇’s business at the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this ArticlePremises. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

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

Repairs and Maintenance. 18.1. Unless due to the acts or omissions of Tenant, its guests, Landlords, invitees or contractors, Landlord shall be responsible for repairs necessary for the Premises to be habitable. If need for such repair is due to fault or neglect of Tenant, Landlord may make such repair at the expenses of Tenant and Manager will also assess Tenant a $50 administrative fee for each vendor hired to perform work on Premises at Tenant’s expense. Tenant shall maintain the rest of the Premises in good order and condition. Tenant’s repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabsmaintenance obligations include, but including any structural slabs); exterior walls; are not limited to, the following: A. Comply with obligations imposed upon tenants by applicable provisions of building, health and housing codes materially affecting health and safety. B. Keep the Premises reasonably clean, safe and sanitary. C. Dispose of ashes, garbage, rubbish and other waste from the Premises in a clean, safe, sanitary and legally compliant manner. D. Use in a reasonable manne all electrical, plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room , sanitary, heating, ventilating, air-conditioning and other facilities and app iances in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except E. Not knowingly, intentionally, deliberately or negligently destroy, deface, damage, impair or remove any part of the Premises or knowingly permit any person within Tenant’s control to do so. F. Tenant also agrees to pay the costs to have all carpets professionally steam cleaned by a Company with a truck mounted steam cleaning unit at the end of the Lease (see Paragraph 42), at least one time annually if Lease extends beyond 12 months, and upon vacating the Premises. G. If Tenant believes repairs are necessary for services of Landlord, if any, required by Section 18.1which Tenant is not responsible, Tenant shall notify Landlord in writing and request such repairs. If Tenant does not notify the Landlord of such repairs at Tenant’s sole cost the time the damage is incurred, any resulting compounding problems from the lack of timely notice by Tenant will be the responsibility of Tenant and expense maintain and keep grounds for eviction. If Landlord does not correct the problem within a reasonable time, Tenant shall call the Managing Broker of Dakota Property Management LLC to personally confirm that the request for repairs was received. At no time shall Tenant attempt to make a repair or make arrangements to have repaired any part of the Premises and every part thereof in good condition and repairfor which it is not responsible, damage thereto without first obtaining written consent from ordinary Landlord. H. Tenant shall pay reasonable charges (other than for normal wear and tear excepted, and shall, within ten (10tear) business days after receipt for the repair or replacement of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises or common areas caused therebyby the negligence, neglect, omission or willful acts of Tenant, members of Tenant’s household, Tenant’s guests or invitees. I. Where the Premises has its own sidewalk, entrance, driveway or parking space which is for the exclusive use of the Tenant and its guests, the Tenant will keep the sidewalk, entrance, driveway or parking space clean, tidy and free of objectionable material including dirt, weeds, debris, snow and ice unless these services are provided by a Condominium and/or Home Owner Associations (HOA) or local municipality. J. Ceiling Fans, where installed, are considered personal property and will not be replaced and/or serviced by Landlord if a fan becomes inoperable during this Lease. Landlord shall have no obligation will remove fan and cover the electrical connections as required by code or replace fan with a working light fixture if there was a light kit installed on the fan or to altermeet code. K. Sheds, remodelwhere installed, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms are considered personal property and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall will not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides replaced and/or serviced by Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under during this Lease. 18.5. This Article relates L. Tenant shall be responsible for professional elimination and control of all insects and rodents including but not limited to repairs ants, spiders, earwigs, mites, wasps, bees, cockroaches, bed bugs, mice, rats, and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articlevoles. 18.6M. Tenant is responsible for the repairs to piping, walls, ceilings, floors, etc., caused by frozen pipes due to neglect. Costs incurred by Landlord pursuant Damage to this Article shall constitute Operating Expensesproperties from frozen pipes can occur and it is the Tenant’s responsibility to ensure that: I. Thermostats are NEVER set below 60 degrees F during the winter months October-May. II. All outside hoses are disconnected AT THE FAUCET during freezing weather conditions from October through May. III. The furnace filter is changed every three (3) months minimum.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 18.1. Landlord Landlord, at its own cost, shall repair and maintain the structural portions of the Premises, including, without limitation, foundations, structural interior partitions, and exterior portions walls, unless such repairs are required in whole or in part because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the full cost of such repairs prior to and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect as a condition to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the PremisesLandlord’s obligation to make such repairs. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall shall, at Tenant’s its sole cost and expense maintain and expense, keep the Premises and every part thereof (including, without limitation, plumbing, fire sprinkler system (if any), heating, ventilating, air conditioning, elevator, electrical systems, exterior landscaping and, subject to Section 7.4 hereof, roofing and covering materials and parking areas) in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner earlier termination of the Termthis Lease, surrender the Premises to Landlord in at least as good a as its condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B.. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that which is Landlord’s an obligation pursuant to this Lease of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, is given to Landlord is not diligently pursuing such repair(s)by Tenant. Tenant waives its the rights that may be available to it under Applicable Laws the laws of the State in which the Premises is located or under any similar law, statute or ordinance now or hereafter in effect to make repairs at Landlord’s expense. Prior to entering the Premises to perform work and make repairs which are permitted or required pursuant to the terms of this Lease (except in the event of an emergency, in which event such right and access shall be unrestricted) Landlord shall give Tenant reasonable advance notice of the proposed entry or access. Landlord shall perform all work and make all repairs in a manner designed to reasonably minimize any material interference with Tenant’s use of the Premises (although Landlord shall not thereby be required to incur overtime or other additional expense to do so unless Tenant requests Landlord do so and shall pay for such expense). 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article 18 relates to repairs and maintenance arising in the ordinary course of operation of the Building Premises and the Projectany related facilities, including minor acts of vandalism. In the event of a casualty described in fire, earthquake, flood, riot, major acts of vandalism, war, or similar cause of damage or destruction, this Article 24, 18 shall not be applicable and the provisions of Article 24 22 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articleand control. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease (Supernus Pharmaceuticals Inc)

Repairs and Maintenance. 18.1. Landlord (a) GECC shall repair and maintain the structural and exterior portions and Common Area of cause the Building and the ProjectPremises (including, including roofing without limitation, the entranceway, parking lot, driveways and covering materials; foundations grounds) to be maintained in a first class condition comparable to other first class office buildings in the Atlanta area. GECC shall be responsible for maintaining in good repair and operational all Building components and systems serving the Subleased Premises, including, without limitation, elevator service in the Building 24 hours a day, seven days a week, overhead lighting (excluding and replacement of bulbs and ballasts) serving the Subleased Premises, hot and cold domestic water serving the Subleased Premises, HVAC in accordance with paragraph 8 above, electricity in accordance with paragraph 9 above and access in accordance with paragraph 12 above. In the event Building services are interrupted and render all or any architectural slabsportion of the Subleased Premises untenantable for a period of more than five (5) business days, rent shall be abated during such period on a proportionate basis consistent with the portion of the Subleased Premises that is untenantable, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems only if the untenantable portion of the Subleased Premises, in fact, is not used or occupied by MAPICS. If the entire Subleased Premises remains untenantable for a period of ninety (if any); HVAC systems (but excluding any supplemental cooling system installed with respect 90) consecutive days, MAPICS may terminate this Sublease by written notice to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the PremisesGECC. 18.2. Except for services of Landlord(b) MAPICS shall, if anyat all times during the Sublease Term, required by Section 18.1, Tenant shall at Tenant’s MAPICS' sole cost and expense maintain and expense, keep the Subleased Premises and every part thereof in good order, condition and repair, damage thereto from excepting ordinary wear and tear exceptedtear, and shalldamage thereto by fire, within ten (10) business days after receipt earthquake, act of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to God or the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenantelements. Tenant shall, MAPICS shall upon the expiration or sooner termination of the Sublease Term, surrender to GECC the Subleased Premises to Landlord in as good a the same condition as when received, ordinary wear and tear excepted and with tear, damage by fire, earthquake, act of God, or the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(selements excepted. (c) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove GECC shall exercise commercially reasonable efforts to ensure that all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter computers and as described in Exhibit B. 18.3. Landlord shall not be liable for programmed equipment which operate any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building components shall remain operational notwithstanding the onset of the year 2000 and the Project. In potential computer problems associated with the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articleyear 2000. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Sublease Agreement (Mapics Inc)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain 11.1 Throughout the structural and exterior portions and Common Area Term of the Building and the Projectthis Lease, including roofing and covering materials; foundations (excluding any architectural slabsLessee, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s its sole cost and expense maintain expense, will keep and keep maintain, or cause to be kept and maintained, the Demised Premises (including the grounds, sidewalks and every part thereof curbs abutting the same) and the Personal Property in good order and condition without waste and repair, damage thereto from in suitable state of repair at least comparable to that which existed immediately prior to the Commencement Date (ordinary wear and tear excepted, subject to Lessee's obligation to repair and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to replace the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord same in as good a condition as when received, ordinary wear and tear excepted and accordance with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) terms of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premisesthis Lease), and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate will make or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized cause to be made, Tenant shallas and when the same shall become necessary, all structural and nonstructural, exterior and interior, replacing, repairing and restoring necessary to that end. All replacing, repairing and restoring required of Lessee shall be (in the reasonable opinion of Lessor) of quality at least equal to the original work and shall be in compliance with all standards and requirements of law, licenses and municipal ordinances necessary to operate the Demised Premises as a Medicare and Medicaid certified skilled and/or intermediate care nursing home having no less than one hundred fifty (150) licensed beds. 11.2 Any items of Personal Property that are uneconomical to repair shall be replaced by new items of like kind and all replacement items shall become part of the Personal Property. No items of Personal Property shall be removed from the Demised Premises except in connection with repair or replacement of such items. Lessee may place additional property on the Demised Premises (not required for the replacement of the Personal Property) and such additional property shall be and remain the property of Lessee. Lessee shall remove such additional property upon forty-eight (48) hours’ termination or expiration of this Lease provided that Lessee shall make such necessary repairs or replacements as may be required in order to return the Demised Premises to the condition which existed prior notice (to the removal of the additional property. 11.3 Provided that Lessee is not in default under the Lease, Lessee shall have the right, at any time and from time to time, to remove and dispose of any Personal Property which may be oral have become obsolete or by email to the office manager unfit for use, or other Tenant-designated individual at the Premises; but provided that which is no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising longer useful in the ordinary course of operation of the Building Demised Premises, provided Lessee promptly replaces any such Personal Property so removed or disposed of with other personal property free of any security interest, lien or encumbrance. Said personal property shall be of the same character and shall be at least equal in usefulness and quality as any such Personal Property so removed or disposed of, and such replacement property shall automatically become the Projectproperty of and shall belong to the Lessor, and Lessee shall execute such bills of sale or other documents reasonably requested by Lessor to vest the ownership of such personal property in Lessor. Notwithstanding the foregoing, Lessee shall have the right to place leased Personal Property on the Demised Premises provided that the payments due under such leases do not exceed $4,000 per year. In the event Lessee desires to place leased personal property on the Demised Premises having annual payments in excess of a casualty described the amount provided for herein, Lessee shall advise Lessor in Article 24, Article 24 writing and Lessor shall apply in lieu use its reasonable best efforts to seek the approval of this Article. In the event Facility Mortgagee or an amendment of eminent domain, Article 25 shall apply in lieu of this Articlethe Facility Mortgage with respect thereto. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Sun Healthcare Group Inc)

Repairs and Maintenance. 18.1. Except for those repairs described in Schedule 11.1 and any other repairs Tenant has assumed herein, Landlord shall repair agrees, throughout the term of this Lease Agreement, to maintain and make any repairs and replacements, structural or otherwise, necessary to maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Leased Premises and every part thereof in good condition and repair, damage thereto from ordinary wear including but not limited to repairs to any (i) heating or air-conditioning system which shall include but not be limited to quarterly maintenance of the heating and tear exceptedair conditioning systems, (ii) all mechanical, water and sanitary sewer systems, (iii) replacements to common lighting fixtures, (iv) wiring and electrical systems, including, but not limited to the electrical switch gear, and shall(v) all replacements to common plumbing fixtures; provided, within ten (10) business days after receipt of written notice from Landlordhowever, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for required to replace anything that Tenant has agreed and failed to maintain properly. Landlord shall also maintain the Common Areas, including but not limited to, driveways, parking lots, sidewalks, and water and sewer fixtures and lines located outside the Leased Premises, and perform any failure necessary ground maintenance, including snow removal, lawn-mowing and weed control. Tenant agrees at its expense, throughout the term of this Lease Agreement to maintain and make any repairs necessary to maintain in good condition and repair the non common electrical, lighting and plumbing fixtures and other items serving the Leased Premises that are not part of the heating or to perform any maintenance that is Landlord’s obligation pursuant to air conditioning system. Tenant agrees, at its expense throughout the term of this Lease unless such failure shall persist for an unreasonable time after Agreement, to make those repairs described in Schedule 11.1. Any and all loss, injury, breakage or damage to the Leased Premises or the Building of which they are a part, caused, directly or indirectly, by Tenant provides Landlord or its agents, contractors, employees and invitees, including individuals and persons making deliveries to or from the Leased Premises, except to the extent that the foregoing is inconsistent with written notice the provisions of the need "Waiver of such repairs or maintenance andSubrogation" set forth in this Lease, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or repaired by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the ProjectLandlord. In the event such loss, injury, breakage or damage is not covered by insurance, repairs of a casualty described the foregoing shall be made at the sole expense of Tenant. Payment of the cost of such repairs by Tenant shall be immediately due and payable as additional rent. This provision shall not be in Article 24, Article 24 shall apply limitation of any other rights and remedies which Landlord has or may have in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Articlesuch circumstances. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Advanced Lighting Technologies Inc)

Repairs and Maintenance. 18.1. 11.1 Landlord will keep the exterior, including the roof and structural portions of the Premises, except doors in good repair; provided, however, Landlord shall not be responsible for the repair of any damage that shall be caused by the negligence of the Tenant or its agents, servants, employees, assignees, sublessees, contractors, customers, or invitees. The Landlord agrees to keep in good repair and maintain to maintain, to the structural extent reasonably necessary and exterior portions and consistent with good business practices, the Common Area of the Building Business Park, to keep the same reasonably free from debris and to illuminate such areas adequately. Landlord shall be under no other liability for repair, maintenance, alteration or other action with reference to the ProjectPremises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein, except as otherwise provided by Article Eleven of this Lease Agreement relating to repair of damage from a casualty. Landlord shall be responsible for all repair in excess of $250.00 per occurrence. 11.2 Landlord agrees to provide and maintain the necessary mains, feeders, ducts and conduits within the Business Park in order to bring gas and electricity up to the boundary of the Premises; it being understood that all means of distribution of such services within the Premises shall be maintained by the Tenant at the Tenant's expense. 11.3 Tenant hereby agrees to keep the interior of the Premises, including roofing any doors, together with all lighting, electrical, plumbing, heat, ventilating and covering materials; foundations (excluding any architectural slabsair conditioning systems and other mechanical installations therein, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in good order and repair and will make all replacements thereto at its own expense. Tenant will surrender the Premises); elevators; and electrical systems installed leased Premises at the expiration of the term or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep such other time as it may vacate the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, excepting depreciation caused by ordinary wear and tear excepted and with damage by other causes not required hereunder to be repaired by Tenant. 11.4 Landlord agrees that on all new interior construction, the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring normal contractor and equipment from the Premises, and repair any damage warranties will inure to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions benefit of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseTenant. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Business Park Lease (Industrial Data Systems Corp)

Repairs and Maintenance. 18.1. Landlord shall A. Except as otherwise provided herein, CITY is responsible, at its sole expense and in accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for the following maintenance and repair and maintain the structural and exterior portions and Common Area of the Building building and grounds at all times during the Projectterm of this LEASE: the roof, including roofing and covering materialsperiodic gutter cleaning as necessary; foundations (excluding any architectural slabs, but including any structural slabs)foundation; exterior and interior walls; flooring replacement within the premises, as may be necessitated by normal wear and tear; plumbing; fire sprinkler systems jointly-used electrical panels; the HVAC (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevatorsheating, ventilation and air conditioning) system; and electrical systems installed or furnished remediation of hazardous conditions not caused by Landlord outside the PremisesLESSEE. 18.2B. Except as otherwise provided herein, LESSEE is responsible, at its sole expense and in accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for the proper and reasonable maintenance and repair of the premises at all times during the term of this LEASE to prevent the premises from entering into a state of disrepair, including, without limitation, elevator service and maintenance and the fire protection system and fire ratings. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records or repair that Landlord reasonably requests is common to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shallnormal, upon the expiration or sooner termination daily upkeep of the Termpremises and which does not affect the structure, surrender egress, energy conservation or plumbing, sanitary, gas, electrical or other utilities, such proper and reasonable maintenance and repair of the Premises premises must be performed by a person who is licensed in the State of Nevada to Landlord perform the maintenance or repair. The maintenance and repair required to be performed within the premises by LESSEE pursuant to this paragraph B of Section 4 includes: (1) Maintenance of the flooring, but only in as good such a condition as when received, ordinary wear and tear excepted and manner that is consistent with the Tenant Improvements use of techniques and products approved by the CITY Facilities Maintenance Manager or his or her designee in advance of the commencement of any work; paint; electrical outlets, switches and fixtures; equipment that is used for fire protection or suppression, including, without limitation, any existing fire, smoke or gas detectors and fire extinguishers previously installed within the premises, but excluding general maintenance or repair of any building-wide fire protection or suppression system; and the Landlord Work interior of the premises in substantially general, including, without limitation, maintenance to remediate water leaks, plugged or leaking toilets, non-functioning bulbs, non-functioning lighting ballasts and damage to walls and any plate glass that is damaged due to LESSEE’s use; and (2) Repair of any damage that is directly or proximately caused by the same condition as existed on the applicable date(s) LESSEE, its employees, agents, volunteers, contractors or invitees. C. Notwithstanding any other provision of Substantial Completion of such workthis LEASE, ordinary wear and tear excepted; and shallLESSEE is responsible, at Landlord’s request its sole expense and Tenant’s sole cost in accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, including, but not limited to, the State Historic Preservation Office (“SHPO”), for the proper and expense, remove all telephone and data systems, wiring and equipment from the Premises, and reasonable repair of any damage to the Premises building and grounds that is directly or proximately caused thereby. Landlord shall have no obligation by the LESSEE, its employees, agents, volunteers, contractors or invitees. D. CITY will not incur any liability, including, without limitation, compensation or damages, for any inconvenience, annoyance, injury to alter, remodel, improve, repair, decorate or paint the Premises interference with ▇▇▇▇▇▇’s business operations arising from or any part thereof, other than pursuant relating to the terms and provisions provision of maintenance or the making of any repairs, alterations or improvements in or to any portion of the Work Letter premises, building or grounds which are performed in a commercially reasonable manner and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs deemed necessary or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice beneficial at the sole discretion of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseCITY. 18.4. If any excavation E. For the purposes of this Agreement, the term “grounds” shall be made upon land adjacent deemed to or under include, as applicable, the Buildingparking lot, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email landscaping and sidewalks appurtenant to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Leasepremises. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 18.1. Landlord shall (a) Lessor represents and warrants for the duration of the lease term that the premises will be in good working order and repair and that it will maintain all equipment in good operating condition. Lessee accepts the structural and exterior portions and Common Area property in an "AS IS" condition upon assuming possession of the Building premises subject to Article 2 above. Lessor will correct all construction defects, whether structural or not. In addition, Lessor will make all necessary structural repairs throughout the term of this lease. The structural items for which Lessor shall be responsible including but not li mited to the roof, exterior walls and doors, the bearing walls the support beams, the columns, the concrete floor slabs, exterior walkways and parking lots and the Projectplumbing system, including roofing and covering materials; foundations (excluding except those damages that are caused by the Lessee's willful or negligent acts. Lessee agrees to give prompt notice to Lessor of any architectural slabsdefects or other hazardous conditions required to be repaired or remedied by Lessor. If the repairs required to be made by Lessor or Lessee are not completed within a reasonable time after request for such repair by the other party, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect Lessor or Lessee as the case may be, shall have the option to any server room in make such repairs after first giving the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within other party ten (10) business calendar days after receipt notice of written notice its intention to do so, and any amounts expended by virtue thereof shall be added to or subtracted from Landlordthe next month's rent in the full amount of the expenditures. (b) Lessor, during the term of this lease shall maintain and repair when needed all of the mechanical equipment (HVAC system), including but not limited to heating and air-conditioning units, plumbing system and electrical system, and shall provide for regular routine maintenance, changing of filters and lubricating of the HVAC system as recommended by the manufacturer or service provider, but not less than quarterly. (c) Lessor shall keep the premises free and clear of rodents, bugs, and vermin. (d) Lessee shall keep the premises and adjacent common areas orderly, neat, clean, and free from rubbish and trash at all times and permit no refuse to Landlord any maintenance records that Landlord reasonably requests accumulate around the exterior of premises. Trash shall be stored in a sanitary and inoffensive manner inside the premises or in screened areas approved by Lessor. (e) Lessee further agrees to pay to Lessor as additional rent, all sums due for repairs made to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shalldemised premises, upon the expiration or sooner termination replacing of the Termglass windows, surrender the Premises to Landlord in as good a condition as when receiveddoors, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such workpartitions, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, electric wiring and equipment from electric lamps, etc., the Premises, keeping of waste and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms drain pipes open and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in replacements to wash basins and plumbing, heating and air-conditioning apparatus, which are necessitated by or caused by the ordinary course willful or negligent acts of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this ArticleLessee. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Office Lease Agreement

Repairs and Maintenance. 18.1. Landlord 7.1 Tenant shall generally maintain and repair and maintain the structural and exterior portions and Common Area Leased Premises, to the extent Tenant has possession of the Building Leased Premises, in a good and workmanlike manner, and shall, at the Projectexpiration of the term, deliver the Leased Premises in a condition substantially similar to the condition it was received, provided that the Subleased Space, including roofing the bathrooms, lobby and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room cafeteria shall be returned in the Premises); elevators; condition substantially similar to its condition of the Subleased Space Commencement Date, damages by fire or casualty, the elements and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant covenants and agrees that it shall not cause or permit any waste, and shalldamage or disfigurement to the Leased Premises, within ten (10) business days after receipt or any overloading of written notice from Landlordthe floors, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s that Tenant is in possession or control or otherwise reasonably attainable by Tenantof the Leased Premises. Tenant shallshall maintain and make all repairs to the floor surface, upon plumbing and electrical systems including all ballasts and fluorescent fixtures located within the expiration Leased Premises, and the HVAC system servicing the laboratory. Landlord shall be responsible for repairs necessary to the roof, exterior load-bearing walls, structural systems, the HVAC system servicing the office areas and the electric and plumbing systems to the point where they enter the Leased Premises, unless repair is necessitated by any negligent act of Tenant, or sooner termination its agents, employees or contractors. Notwithstanding anything contained herein to the Initial: Landlord Tenant (SNS) Lease Version Date: July 31, 2006 contrary, any repair or maintenance necessitated by the negligent acts or omissions of the Term, surrender Landlord shall be the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with responsibility of the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shallLandlord, at Landlord’s request and Tenant’s its sole cost and expense. 7.2 The Tenant shall, remove at its own cost and expense, pay all telephone utility meter and data systemsservice charges, wiring including telephone, cable service, gas and equipment from electric servicing the Leased Premises, and repair any damage to the Premises caused thereby. Landlord shall have the option to install, at its own cost, a separate water meter and invoice Tenant directly for its water/sewer usage. To the extent Tenant has control of the temperature in the Leased Premises Tenant agrees to maintain the Leased Premises at a minimum temperature of 45 degrees to prevent the freezing of domestic water and sprinkler pipes and no obligation higher than 78 degrees to alterprevent humidity and mildew, remodelprovided that in no event shall Tenant be held responsible for maintaining the temperature in the Sublease Space until the Subleased Space Commencement Date. Tenant shall not store any items outside the Leased Premises, improveunless such storage has been agreed to by Landlord, repair, decorate or paint and shall deliver its garbage and recyclables to the Premises central receiving area on the lot. Tenant shall dispose of all hazardous/medical waste with an approved hauler at its own cost. 7.3 Landlord does not warrant that any services Landlord or any part thereofpublic utilities supply will not be interrupted, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. provided that Landlord shall make every effort to ensure that such services within Landlord's control are not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseinterrupted. 18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Amicus Therapeutics Inc)

Repairs and Maintenance. 18.1Landlord shall be responsible for all structural repairs, including repairs to the roof and load-bearing walls of the Building, for maintaining the parking area and sidewalks, the Common Areas (as hereinafter defined) and any Building systems and equipment in unleased areas in the Building. Landlord shall will repair and maintain replace any glass breakage, provided it is not the structural and exterior portions and Common Area result of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed Tenant’s willful or furnished by Landlord outside the Premises. 18.2negligent act. Except for services of Landlord, if any, required by Section 18.1, The Tenant shall at Tenant’s sole cost be responsible for the maintenance and expense maintain and keep repair of the Premises and every part thereof all fixtures, appliances, light bulbs and equipment therein, including, but not limited to, the heating and air conditioning system(s) (hereinafter “HVAC”) serving the Premises except as set forth herein. Landlord will pay for major HVAC component replacement and all repairs to the Landlord installed HVAC system(s) in excess of Four Hundred Dollars ($400.00) per occurrence per HVAC unit. All major replacements or repairs will be performed by Landlord unless written permission is otherwise given. Landlord hereby represents that the HVAC is in good condition and repairproper working order upon the Commencement Date hereof. Tenant covenants and agrees to obtain a maintenance, damage thereto from ordinary wear repair and tear excepted, service contract on the HVAC; said contract to be on such terms and shall, within ten (10) business days after receipt of written notice from with such company as shall be approved by Landlord. Tenant will notify Landlord if costs for repairs will exceed $400.00 prior to making repairs. Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expensecommercially reasonable judgment, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3. Landlord shall not be liable for any failure to will make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s sole expense. 18.4, provided it is not the result of the Tenant’s willful or negligent act. If any excavation Tenant shall be made upon land adjacent responsible for removal of waste generated by Tenant’s operation and provide its own janitorial and cleaning service within the Premises. This includes waste service fees levied by local jurisdictions. Tenant, at its sole expense, shall keep all Tenant fixtures and equipment in the Premises in safe and sanitary condition and good order and repair, together with related plumbing, electrical or other utility service, whether installed by Tenant or by Landlord on Tenant’s behalf. Subject to or under the Building, or shall be authorized to be madeSection 29, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email shall pay for all damage to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and any fixtures and appurtenances related thereto due to the Project. In malfunction, lack of repair, or improper installation of the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this ArticleTenant’s fixtures and equipment. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Macrogenics Inc)

Repairs and Maintenance. 18.1. Landlord (a) Manager shall repair maintain, or cause to be maintained, the buildings, appurtenances and maintain the structural and exterior portions and Common Area grounds of the Building Property, other than areas which are the responsibility of tenants, in accordance with the standards for first-class apartment properties and in accordance with standards acceptable to Owner. Such maintenance shall include, without limitation, all ordinary and extraordinary repairs, cleaning, painting, decorations and alterations including electrical, plumbing, carpentry, masonry, elevators and such other routine repairs as are necessary or reasonably appropriate in the Projectcourse of maintenance of the Property (subject to the limitations of this Agreement). The expense incurred for such maintenance, including roofing alteration or repair must be (i) an ordinary and covering materials; foundations usual expense provided for in the Approved Budget (excluding any architectural slabsas defined in Section 4.1) and which does not exceed the limitation set forth in the Approved Budget , or (ii) an expense which is incurred under such circumstances as Manager shall reasonably deem to be an emergency. (iii) ordinary and unusual expenses exceeding the Budget, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished approved by Landlord outside the PremisesOwner. 18.2(b) If an emergency occurs, Manager shall make all repairs or take all action immediately necessary to preserve the Property, avoid suspension of any essential services to the Property, and avoid danger to persons or property. Manager promptly, but in no event later than twenty-four (24) hours from the time Manager learns of such emergency, shall notify Owner by telephone of any such emergency. Immediately thereafter, Manager shall send Owner a written notice setting forth the nature of the emergency and any action taken in connection with the emergency. Except as set forth above with regard to emergencies, Manager shall not make extraordinary or unusual expenses without Owner's prior consent. (c) Manager shall use all due diligence to require each tenant to comply with its obligations to maintain its respective leased premises pursuant to its lease. Manager shall pay actual and reasonable expenses for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost materials and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements and the Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion of labor for such work, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment purposes from the PremisesOperating Account. (d) All expenditures to refurbish, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alterrehabilitate, remodel, improve, repair, decorate or paint otherwise prepare areas covered by new leases shall require Owner's prior consent if they exceed $1,000 and shall be paid as Owner may direct from funds provided by Owner or from the Premises or any part thereof, other than pursuant Operating Account subject to the terms and provisions of the Work Letter and as described restriction set forth in Exhibit B. 18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, Landlord is not diligently pursuing such repair(s). Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expenseSection 2.3. 18.4. If any excavation (e) Manager shall be made upon land adjacent to or under the Buildingtake all reasonable precautions against fire, or shall be authorized to be madevandalism, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email burglary and trespass to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this LeaseProperty. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

Appears in 1 contract

Sources: Management and Leasing Agreement (Usf&g Legg Mason Realty Partners Limited Partnership)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project(a) Tenant shall, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (but excluding any supplemental cooling system installed with respect to any server room in the Premises); elevators; and electrical systems installed or furnished by Landlord outside the Premises. 18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and expense, keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant. Tenant shall, upon the expiration or sooner termination of the Termterm hereof, surrender the Premises to Landlord in as good a the same condition as when received, ordinary wear and tear excepted and with damage from causes beyond the reasonable control of Tenant Improvements excepted. (b) Anything contained in the foregoing Article 13 (a) to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, heating, ventilation and air conditioning and electrical systems installed or 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 Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord Work in substantially the same condition as existed on the applicable date(s) of Substantial Completion reasonable cost of such work, ordinary wear maintenance and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused therebyrepairs. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or not be responsible for replacing any part thereof, other than pursuant to the terms and provisions of the Work Letter and as described in Exhibit B. 18.3plate glass. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance and, after such unreasonable time, is given to Landlord is not diligently pursuing such repair(s)by Tenant. Tenant waives its rights under Applicable Laws now or hereafter in effect any right to make repairs at Landlord’s expense. 18.4. If expense under any excavation law, statute or ordinance now or hereafter in effect, and Tenant shall be made responsible for all items of repair, maintenance and improvement or reconstruction as may at any time and from time to time be required to comply with all environmental, remedial and other laws, ordinances, rules, directions, regulations, requirements, guidelines and orders now or hereinafter in effect from time to time of all governmental and public agencies, authorities and bodies having jurisdiction thereover which shall impose any duty upon land adjacent to Landlord or under the Building, or shall be authorized to be made, Tenant shall, upon forty-eight (48) hours’ prior notice (which may be oral or by email with respect to the office manager use, occupation or other Tenant-designated individual at alteration of the Premises; Premises or any part thereof, including but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), afford not limited to the person causing or authorized to cause such excavationOccupational Safety and Health Act, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building Clean Air Act and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this ArticleAmericans with Disabilities Act. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.

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Sources: Office Building Lease (Terra Capital Group)