Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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.
Appears in 3 contracts
Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)
Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are locatedfurnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 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, 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 Landlord’s option, or that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Property) supervisory fee 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Project Property or to any equipment located in the Project Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. 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.
Appears in 3 contracts
Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)
Repairs. Landlord shall maintain in good condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, “Building Structure”) and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)furnishings therein, and the portion of the floor or floors of the Building on which the Premises are is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception; provided that Landlord shall provide janitorial services to the Premises pursuant to Section 6.1.5 above. In addition, 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, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. 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.
Appears in 2 contracts
Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)furnishings therein, and the portion of the floor or floors covering of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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.
Appears in 2 contracts
Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)
Repairs. Tenant shall8.3.1. The Landlord, at Tenant’s its own expense, keep shall promptly repair or replace any and all defects in the PremisesLandlord Improvements and Common Areas and all latent defects in the Additional Tenant Improvements. Landlord shall also maintain, including all improvementsrepair and replace: (a) the structural integrity of the Building (including, fixturesbut not limited to, furnishingsthe foundation, and systems and equipment to the extent located therein exterior walls (including plumbing fixtures and equipment such as dishwashersbut, garbage disposalsexcluding exterior glass), refrigeratorsthe supporting framework, coffee makers and Insta Hot and similar dispensersthe floor slab (exclusive of any floor coverings), and roof and roof membrane); (b) the portion Common Areas, which shall be maintained in accordance with the standards of a Class A office park for the Research Triangle Park, North Carolina area; and (c) any damages resulting from its or its employees, agents, or invitees negligent or willful acts. Repairs required of Landlord shall be made within five (5) business days after Landlord receives written notice from Tenant, or has actual knowledge, of the floor or floors need for the repair (except that if the repair cannot be reasonably cured within that period, Landlord shall not be in default so long as it promptly and diligently pursues completion of the Building on which the Premises are locatedrepair). Except as assigned to Landlord above, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shallTenant, at Tenant’s its own expense, but under the supervision shall maintain and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may(including, but need notnot limited to, make such repairs the repair and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to replacement of the exterior glass, mechanical, plumbing, electrical systems, interior walls, foundation and roof of the Buildingfloors, ceilings, security systems, the structural portions of the floors of the Buildingsprinkler system, and the base building systems monitoring systems) and equipment of the Building, except otherwise make all repairs relating to the extent that such Premises. All repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered be made by Landlord’s insurance, Tenant shall only be obligated made promptly, in a workmanlike manner, paid for by Tenant allowing no liens to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions attach either to the Premises or to the Project Tenant’s leasehold interest, and so as not to unreasonably disturb or to any equipment located inconvenience other tenants in the Project Building. Landlord shall have the right to require Tenant to provide such assurances as Landlord shall desire or deem necessary or as reasonably require (e.g., bonds, escrows, etc.) to protect Landlord may against unpaid work and to require that any work be required performed only by duly licensed contractors and subcontractors approved by Landlord. Landlord shall make available to do Tenant any warranties Landlord has received which are applicable to the repairs to be performed by governmental or quasi-governmental authority or court order or decreeTenant. Tenant hereby waives any shall reimburse Landlord for all costs incurred by Landlord (over and above those amounts reimbursed by insurance carried by Landlord), along with a ten percent (10%) overhead fee, for all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of repairs to the California Civil Code or under any similar law, statuteCommon Areas, or ordinance now Building arising out of Tenant’s or hereafter its employees, agents, or invitees, negligent or willful acts. Continuously throughout the Term, Tenant shall maintain, at its expense, a maintenance contract covering the HVAC system located in effector serving exclusively the Premises with a service contractor acceptable to and approved by Landlord in its reasonable discretion. This contract shall provide for routine maintenance, including, but not limited to, timely changing of all filters (at recommended intervals), adjustment and inspection of air handling mechanisms and control equipment, and performance of necessary lubrication, testing, and other such normal maintenance procedures. Notwithstanding the preceding to the contrary, in the event the Tenant fails to maintain the required HVAC maintenance contract, Landlord reserves the right to arrange for the HVAC system maintenance contract and charge Tenant for the reasonable costs of that contract.
Appears in 2 contracts
Samples: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)
Repairs. Tenant shall, at Tenant’s own expense, keep In the Premises, including all improvements, fixtures, furnishings, and systems and equipment to event of a property loss which may be repaired within one hundred eighty (180) days from the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion date of the floor or floors of the Building on which the Premises are locateddamage, or, in good orderthe alternative, repair and condition at all times during in the event the parties do not elect to terminate this Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision terms of Section 19.1 above, then this Lease shall continue in full force and subject to the prior approval of Landlord, effect and within any reasonable period of time specified by Landlord, 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 Landlord’s option, or if Tenant fails Landlord shall forthwith undertake to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to reconstitute the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, Building and the base building systems and equipment of Leased Premises to as near the Building, except condition as existed prior to the extent that such repairs are required due to the negligence or willful misconduct of Tenantproperty loss as practicable; provided, however, that if the repairs and restoration are not in fact substantially completed within such repairs are due one hundred eighty (180) day period, subject to delays caused by Tenant or its employees, contractors or agents and delays beyond the negligence or willful misconduct reasonable control of TenantLandlord (the “Restoration Period”), Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, then Tenant shall only be obligated also have the right to pay any deductible in connection therewithterminate the Lease by written notice to Landlord within twenty (20) days following the earlier of (a) notice from Landlord that the repairs and restoration will take longer than the Restoration Period, or (b) the expiration of the Restoration Period if the repairs and restoration has not been substantially completed by such expiration. Landlord may, but shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, enter Tenant. Such partial destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Rent following the property loss and until the time the Leased Premises at all are restored and Tenant has had a reasonable times period, not to make such repairsexceed thirty (30) days, alterationsto complete the installation of Tenant’s furniture, improvements or additions fixtures, and equipment and any other work reasonably necessary to ready the Leased Premises for the operation of Tenant’s business and to move into the Leased Premises. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the Premises total square footage of the Leased Premises. If the parties cannot agree within forty-five (45) days of the property loss, the matter shall be submitted to arbitration under the rules of the American Arbitration Association. Upon the resolution of the dispute, the settlement shall be retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the reduced rental from the date of the property loss. Landlord’s obligations to restore shall in no way include any construction originally performed by Tenant or subsequently undertaken by Tenant, but shall include solely that property constructed by Landlord prior to commencement of the Term hereof. Notwithstanding anything to the Project or to any equipment located contrary contained in this Lease, in the Project as event the holder of any indebtedness secured by a mortgage or deed of trust covering the Leased Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall desire or deem necessary or have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage 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 if the date of subsection 1 of Section 1932 and Sections 1941 and 1942 such damage were the date originally fixed in this Lease for the expiration of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectTerm.
Appears in 2 contracts
Samples: Office Lease, Office Lease (Puma Biotechnology, Inc.)
Repairs. During the entire Lease Term, Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, including without limitation the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, “Building Structure”) and the Base Building mechanical, electrical, life safety, building access, plumbing , sprinkler systems and HVAC systems (other than the Tenant Maintained Systems) (collectively, the “Building Systems”) and the Project Common Areas. Without modifying Landlord’s obligations set forth above, pursuant to the terms of Section 1.1.1 of this Lease, Landlord shall promptly cure any latent defects in the Premises brought to Landlord’s attention in writing within one (I ) year following Landlord’s delivery of the Premises to Tenant. In addition, Landlord hereby warrants that the Building Systems (exclusive of Tenant Maintained Systems, but including without limitation all other mechanical, electrical, life safety, building access, plumbing, sprinkler systems and HVAC systems in the Premises and not included within the definition of Building Systems) are, as of the Effective Date, in reasonably good working order and condition for Permitted Use, and that any actual defects thereto (excluding de minimus defects) brought to Landlord’s attention in writing within one (1) year following Landlord’s delivery of the Premises to Tenant, shall be repaired or replaced (to the extent reasonably necessary) by Landlord, at Landlord’s sole cost and expense (i.e., not to be included as an Operating Expense), but only to the extent such defects were not caused or otherwise contributed to by Tenant; provided, however, and except to the extent resulting directly from the particular nature of Tenant’s tissue culture room and rodent vivarium uses, in no event shall Tenant’s use of the Premises for the Permitted Use in the ordinary course of business be deemed to be a cause or contributing factor to any defects. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused by Tenant’s use of the Premises for other than the Permitted Use (but which for purposes of this provision shall not apply to the extent resulting directly from particular nature of Tenant’s tissue culture room and rodent vivarium uses), unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such foregoing obligations will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are locatedfurnishings therein, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, 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, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, appurtenances (but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception) except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or that if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within ten (10) business days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the Landlord’s out-of-pocket cost thereofin direct connection therewith, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof percentage of the Buildingcost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, the structural portions of the floors of the Buildinggeneral conditions, fees and the base building systems and equipment of the Building, except other costs or expenses to the extent that arising from Landlord’s involvement with such repairs are required due and replacements upon receipt of a reasonably detailed invoice for same. Subject to the negligence or willful misconduct of Tenant; providedArticle 27 below, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, or (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to item (ii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 l 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.
Appears in 2 contracts
Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)
Repairs. Tenant Lessee shall, at Tenant’s own its expense, take good care of the premises, which includes, but is not limited to, all electrical, plumbing, heating, air conditioning and other mechanical or machinery installations therein; all doors, as well as all plate glass doors and windows, fixtures and appurtenances therein, and shall make all repairs, alterations, replacements and modifications necessary to keep them in as good working order and condition, using material and labor of a kind and quality equal to the Premisesoriginal work as they were upon commencement of this Lease, including all improvementsstructural repairs when those are necessitated by the act, fixturesomission or negligence of Lessee or its agents, furnishingsemployees or invitees, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the The exterior walls, foundation and roof walls of the Building, the structural windows and the portions of all window xxxxx outside same are not part of the floors premises demised by this Lease, and Lessor hereby reserves all rights to such parts of the Building. For any existing HVAC repair cost greater than Five Hundred ($500.00) Dollars per unit, per occurrence, Lessee shall pay the first Five Hundred ($500.00) Dollars and Landlord shall pay the base building systems balance. Any required existing HVAC unit replacements shall be at the sole expense of Landlord. Lessee shall not abandon or vacate the Demised Premises, shall not permit, license or suffer the occupancy of any other party in the Demised Premises and equipment shall keep the Demised Premises and sidewalks, service-ways and loading areas adjacent to the Demised Premises neat, clean and free from dirt, rubbish, insects and pests at all times and store all trash and garbage within the Demised Premises, arranging for a regular pick up of such garbage and trash at Lessee’s expense. Lessee shall store all trash and garbage within the area designated by Lessor for such trash pick-up and removal and only the receptacles of the Buildingsite, except design and color from time to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered time prescribed by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithLessor. Landlord may, but Lessee shall not be required tooperate an incinerator or burn trash or garbage within the Building Project. Lessee agrees, enter at Lessee’s sole cost and expense (i) to comply promptly and fully with all present and future governmental laws, ordinances, orders, rules and regulations affecting the Premises at all reasonable times and/or Lessee’s use thereof, including without limitation, the Americans with Disabilities Act, 42, U.S.C. Section 12111, et. Seq., as amended, and/or the cleanliness, safely, occupancy and use of the same; and (ii) be and remain authorized to do business in the state in which the Building Project is located. Lessee shall make such repairs, alterations, improvements no alternations or additions to the Premises or erect any exterior signs other than a building standard Lessee sign (if any) provided by Lessor or as may be made with Lessor’s prior written consent which consent shall not be unreasonably withheld. All alterations or additions made with such consent shall be part of the Premises and the property of Lessor, subject to the Project terms of this Lease unless otherwise provided by the instrument of consent. Lessee’s trade fixtures, equipment or to any equipment located in other personal property placed on the Project as Landlord shall desire or deem necessary or as Landlord Premises may be required removed by Lessee at any time during the Rental Term; but if installation of any of same in or on the Premises or the removal therefrom of any thereof could deface structurally alter the Premises, Lessor’s written consent to do installation must first be procured and, upon removal, all damage to the Premises caused thereby shall be fully repaired promptly by governmental Lessee at Lessee’s expense. There shall be no outside storage of any kind whatsoever. Notwithstanding anything to the contrary contained herein, Lessee shall not be responsible for roof 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 structural maintenance except to the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectextent the same may be occasioned by Lessee’s negligence.
Appears in 2 contracts
Samples: Agreement of Lease (Sancilio Pharmaceuticals Company, Inc.), Agreement of Lease (Sancilio Pharmaceuticals Company, Inc.)
Repairs. Tenant shalland its agents shall have been given full opportunity to inspect and examine the Premises prior to occupancy and, at Tenant’s own expenseby entry hereunder, keep Tenant accepts the PremisesPremises in its present "as is" condition, including all improvements, fixtures, furnishingsexcept for latent defects, and systems and equipment without any warranty as to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion condition of the floor Premises or floors the Building; provided, however, Landlord warrants that all tenant improvements constructed by Landlord in the Premises shall be free from material defects for a period of one (1) year from the Building on which date the Premises are located, delivered to Tenant by Landlord. Except as required by Landlord in good order, repair and condition at all times during the Lease Term. In additionnext paragraph below, Tenant shall, at Tenant’s own 's sole cost and expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to keep the Premises and replace or repair all damagedevery part thereof in good condition and repair, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear and damage thereto by fire, earthquake, act of God or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if elements excepted. If Tenant fails to does not make such repairs, Landlord may, but need notafter reasonable notice to Tenant, make such repairs and replacements, and Tenant shall pay Landlord (the cost thereof, including a fifteen percent (15%) supervisory fee forthwith costs thereof and any accrued interest thereon upon being billed therefordemand. Notwithstanding In the foregoing, Landlord shall be responsible for event Tenant makes any repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to Building at the Project or to expense of Landlord as provided by any equipment located in the Project as Landlord shall desire or deem necessary 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, statute or ordinance now or hereafter in effect, Tenant shall do so only after having given reasonable notice to Landlord and Tenant shall only incur reasonable costs in making such repairs and shall make only such repairs as are reasonable, necessary and prudent under the prevailing circumstances. Landlord shall, at Landlord's expense subject to the provisions of Article 5, keep the structural portion including the HVAC, plumbing and electrical systems of the Building in good order, condi- Upon the expiration or sooner termination of the Term hereof, Tenant shall surrender the Premises to Landlord in the same condition as when received, ordinary wear and tear and damage thereto by fire, earthquake, act of God or the elements excepted.
Appears in 2 contracts
Samples: Lease Agreement (Cygnet Financial Corp), Lease Agreement (Cygnet Financial Corp)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are locatedfurnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) business days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost out-of-pocket costs thereof, including plus a fifteen percentage of such out-of-pocket costs (to be uniformly established for the Building and/or the Project, but in no event greater than seven percent (157%) supervisory fee thereof) 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 thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs Subject to the exterior wallsterms of Article 27, foundation and roof of the Buildingbelow, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for emergencies, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises. 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.
Appears in 2 contracts
Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s '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, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) supervisory fee sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. 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.
Appears in 2 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Repairs. Tenant shallwill, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused under the supervision and subject to the approval of the Landlord, and within any reasonable period of time specified by ordinary wear and tear or beyond the reasonable control of Landlord. If the Tenant does not do so after five (5) days written notice to Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building) supervisory fee sufficient to reimburse Landlord for all, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements, forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives Except as otherwise set forth in this Lease, Landlord shall not under any circumstances be required to build any improvements on the Premises, or to make any repairs, replacements, alterations, or renewals of any nature or description to the interior of the Premises or to any of the existing improvements therein, whether interior or exterior, ordinary or extraordinary structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever in connection with this Lease or to inspect or maintain the Premises in any way, except as expressly set forth as follows: (a) the replacement of any roof on a building at the Premises as required, (b) repair and/or replacement of any load-bearing walls and exterior walls on buildings at the Premises as required, (c) any repair/replacement of Building mechanical systems as required, and (d) any repair/replacement of the Building foundation and all rights under and benefits other structural repairs. Landlord shall not be required to make any such repair or replacement where such repair or replacement is necessitated by any action, willful misconduct, omission, non action or gross negligence of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code Tenant or under any similar lawTenant’s agents, statuteemployees, customers, invitees, or ordinance now or hereafter contractors. Landlord shall not be deemed in effectbreach of this Lease unless Landlord fails within a reasonable time to perform an obligation required to be performed by Landlord. For purposes of this Section 7, and except in the case of an emergency, a reasonable time shall in no event be less than ten (10) days after receipt by Landlord of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord’s obligation is such that more than ten (10) days after such notice are reasonably required for its performance, then Landlord shall not be in breach of this Lease if performance is commenced within such ten (10) day period and thereafter diligently pursued to completion. Notwithstanding anything herein to the contrary, in addition to and not in limitation of Tenant’s remedies, if Landlord shall be deemed in breach of this Section 7, then Tenant shall be entitled to Rent abatement until such breach is cured and Tenant shall have no claim against Landlord for any damages suffered by reason of such breach.
Appears in 2 contracts
Samples: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)
Repairs. Tenant shallExcept as otherwise provided in Article VII, at or except as resulting from Tenant’s own expense's negligence, keep overloading or misuse, or by Tenant's failure to perform its obligations under the Lease, except as resulting from settling or sagging within standard engineering tolerance (provided that the settling or sagging does not affect the surface or structural integrity of the Building or in any way materially affect the ordinary and customary use of the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensersor any part thereof by Tenant), or except for damage or deterioration resulting from reasonable wear and the portion of the floor or floors of the Building on which the Premises are locateddamage, Landlord shall keep in good order, repair condition and condition at all times during repair, the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the all gutters and downspouts, foundations, exterior (including exterior painting and finish) and structural portions of the floors Building, all building systems serving the Building, and all plumbing and utility lines serving the Premises, whether located within or outside of the Premises. The Landlord's obligations shall include, without limitation, the obligation to make all necessary repairs, replacements or alterations to the roof, the exterior walls, the foundation, the floor slabs and all other structural elements of the Building, as well as caulking windows and the base building systems precast panels and equipment other portions of the Building exterior, to clean the exterior windows of the building to maintain the Building Parking Area and to maintain in good order and condition the other buildings and improvements located within the Park, including but not limited to the Common Areas of the Park. Landlord shall also maintain, repair and replace the rooftop HVAC equipment (specifically excluding all interior portions of the HVAC system including but not limited to VAV boxes, duct work, circulating pumps control systems, in the Building) in accordance with the requirements of the Landlord's Plans and Tenant's Plans, except and shall assign (to the extent that assignable) all warranties and guarantees with respect thereto to Tenant. Tenant may elect, at its cost and expense and upon the prior consent of Landlord (which such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but consent shall not be required tounreasonably withheld or delayed), enter the Premises at all reasonable times to make such repairs, alterations, improvements bring actions to enforce remedies under said warranties or additions to the Premises or to the Project or to any equipment located guarantees in the Project as Landlord shall desire or deem necessary 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 name of the California Civil Code Landlord or under any similar lawjointly with Landlord, statute, or ordinance now or hereafter in effect.at no expense to Landlord;
Appears in 2 contracts
Samples: Attornment Agreement (Rsa Security Inc/De/), And Attornment Agreement (Rsa Security Inc/De/)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s '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, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) supervisory fee sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 ; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or under any similar law, statuteadditions required by governmental or quasi-governmental authorities or court order or decree, or ordinance now or hereafter (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in effect.a manner so as not to
Appears in 2 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)furnishings therein, and the portion of the floor or floors of the Building on which the Premises are is located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. 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.
Appears in 2 contracts
Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)
Repairs. Tenant shallTenant, at its expense, shall perform all maintenance and repairs (including replacements) to the Premises that are not Landlord’s express responsibility hereunder, and shall keep the Premises in good condition and repair, reasonable wear and tear and damage due to Casualty or Taking excepted. Tenant’s own expense, keep maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including all improvementsany Tenant Improvements, fixtures, furnishingsany Alterations (defined in Section 7.2), and systems any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and equipment to the extent located therein air conditioning units, kitchens (including plumbing fixtures and equipment such as hot water heaters, dishwashers, garbage disposals, refrigeratorsinsta-hot dispensers, coffee makers and Insta Hot plumbing) and similar dispensers)facilities exclusively serving Tenant, whether located inside or outside of the Premises, and the portion of the floor whenever and by whomever installed or floors of the Building on which the Premises are located, paid for; and (c) all Lines (defined in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed thereforSection 23). Notwithstanding the foregoing, if Tenant is in Default or in the case of an emergency, Landlord may, at its option, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall pay Landlord, upon demand, the cost of such work plus a coordination fee equal to 5% of such cost. Landlord shall be responsible for perform all maintenance and repairs to (i) the roof and exterior walls, foundation exterior doors and roof windows of the Building, (ii) the Base Building, and (iii) the Common Areas. As used herein, “Base Building” means the structural portions of the floors Building, together with all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the Building in general, whether located inside or outside of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 effectPremises.
Appears in 2 contracts
Samples: Office Lease (Quinstreet, Inc), Office Lease (Quinstreet, Inc)
Repairs. Landlord shall at Landlord’s cost (and not included in Operating Expenses) repair and maintain the structural portions of the Building (collectively, the “Building Structure”), basic plumbing, sewer, heating, ventilating, air-conditioning, fire suppression/ sprinkler, Building security and electrical systems installed or furnished by Landlord and not located within the Premises (collectively, the “Building Systems”), unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant or the “Tenant Parties.” as defined in Section 10.1, below, in which event Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Except as set forth in the preceding sentence. 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, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are locatedfurnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, . Tenant shall, at Tenant’s own expense, 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, damaged or worn broken fixtures and appurtenances; provided, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building, not to exceed 10% of the cost of repair) supervisory fee 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times (provided that Landlord acts in accordance with Article 27) to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary 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 releases its right to make repairs at Landlord’s expense 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. The Building Structure and Building Systems shall be collectively referred to as the “Base Building.”
Appears in 2 contracts
Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to the extent located therein (including plumbing fixtures Tenant, any systems and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion outside of the floor or floors of Premises but exclusively serving the Building on which the Premises are locatedPremises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, 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 Tenanttear; provided however, that, at Landlord’s option, or that if Tenant fails to make such repairsrepairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen management fee of five percent (155%) supervisory fee forthwith upon being billed thereforof such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the BuildingBuilding and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and 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 Landlord shall desire or deem necessary 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 releases its right to make repairs at Landlord’s expense 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, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 2 contracts
Repairs. Tenant shallSubject to Section 11, Tenant, at Tenant’s own its expense, keep shall perform all non-structural maintenance and repairs (including replacements) to the interior of the Premises, and keep the Premises in as good condition and repair as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, except for damage by casualty (which shall be governed by the terms of Article 11 of this Lease, below), reasonable wear and tear and repairs that are Landlord’s express responsibility hereunder. Tenant’s maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including all improvementsany Tenant Improvements, fixtures, furnishingsany Alterations (defined in Section 7.2), and systems any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and equipment to the extent located therein air conditioning units, kitchens (including plumbing fixtures and equipment such as hot water heaters, dishwashers, garbage disposals, refrigeratorsinsta-hot dispensers, coffee makers and Insta Hot plumbing) and similar dispensers)facilities exclusively serving the Premises, whether located inside or outside of the Premises, and the portion of the floor whenever and by whomever installed or floors of the Building on which the Premises are located, paid for; and (c) all Lines (defined in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed thereforSection 23). Notwithstanding the foregoing, Landlord may, if requested by Tenant, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall be responsible pay Landlord, upon demand, the actual, documented cost to Landlord for such work plus a coordination fee equal to 5% of such cost. Landlord shall perform all maintenance and repairs to (i) the roof and exterior walls, foundation walls and roof windows of the Building, (ii) the Base Building, including all Base Building elements of the Premises, and (iii) the Common Areas. As used herein, “Base Building” means the structural portions of the floors Building (including the foundation and roof), the roof and exterior walls and windows of the Building, and all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the base building Building in general, excluding additions or upgrades to such Building systems made by Tenant, whether located inside or outside of the Premises. Landlord’s shall perform its maintenance and equipment repair obligations in a manner consistent with the landlords of other first class office buildings in the general vicinity of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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.
Appears in 2 contracts
Samples: Office Lease (Responsys Inc), Office Lease (Responsys Inc)
Repairs. Landlord shall maintain in good condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, “Building Structure”) and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems, roof membrane and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Subject to the terms of Article 11, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant’s negligence or willful misconduct, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings and furnishings therein, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, 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, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not in excess of five percent (155%)) supervisory fee 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times in accordance with the terms of Article 27 below to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. 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.
Appears in 2 contracts
Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, landscaping, exterior Project signage (specifically excluding any signage of Tenant provided pursuant to the terms of this Lease), base building stairwells, elevator cabs, plazas, art work, sculptures, men’s and women’s public restrooms, parking areas, Building mechanical, electrical and telephone closets, and all Common Areas and public areas, including base building restrooms and parking areas servicing the Building and/or the Project (collectively, the “Building Structure”) and the base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems excepting any portion thereof located within the Premises which was constructed by or for Tenant and/or which exclusively services the Premises (collectively, the “Building Systems”). Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for all costs to repair the Building Structure and/or Building Systems to the extent required because of Tenant’s use of the Premises for other than normal and customary general office use, or as a result of damage caused by Tenant’s negligence or willful misconduct. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to therein and exclusively servicing the extent located therein Premises (including including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar insta-hot dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or that if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases any and all rights under and benefits it may have at law or in equity to make repairs at the expense 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.Landlord ARTICLE 8
Appears in 2 contracts
Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)
Repairs. Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)furnishings therein, and the portion of the floor or floors of the Building on which the Premises are is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s '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, 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 Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. 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.
Appears in 2 contracts
Samples: Office Lease (Viking Therapeutics, Inc.), Office Lease (Affymetrix Inc)
Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant shallwill, at Tenant’s its own expenseexpense and subject to the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein " (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, defined below in this Article 7) in good order, repair and tenantable condition at all times during the Lease Term. In additionTerm of this Lease, and Tenant shallshall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, at Tenant’s own expensefixtures and appurtences, but under the cited supervision and subject to with the prior approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, promptly and adequately repair all ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to the Premises and replace person 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 Landlord’s option, or if Tenant fails to make such repairsproperty exists), Landlord may, but need not, make such repairs or replacements and replacements, the amount paid by Landlord for such repairs and Tenant shall pay Landlord replacements (including Landlord's overhead and profit and the cost thereof, including a fifteen percent (15%of general conditions at Landlord's then published rates) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation deemed additional rent reserved under this Lease due and roof payable within thirty (30) days after delivery of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered a xxxx therefor by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required toso to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or to the Project Building or to any equipment located in the Project as Building, Landlord shall desire or deem necessary or as Landlord be allowed to take into and upon the Premises all material that may be required to do make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way xxxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by governmental reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or quasi-governmental authority Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or court order or decree. Tenant's ability to conduct its business in the Premises and Tenant hereby waives nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime 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 effectadditional expenses resulting therefrom.
Appears in 2 contracts
Samples: Office Lease (21st Century Telecom Group Inc), 21st Century Telecom Group Inc
Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order and in a manner reasonably commensurate with the maintenance standards of owners of Comparable Buildings, the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the “Building Structure”), and the Base Building mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). In addition, Landlord shall use commercially reasonable efforts, at all times during the Lease Term, to cause the Building Systems to perform in accordance with the design specifications for such equipment as set forth in the “Base Building Plans” as that term is defined in Section 1 of the Work Letter. Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. 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, furnishingsfixtures and furnishings therein, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, Landlord and within any reasonable period the terms of time specified by LandlordArticle 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 Landlord’s option, or that if Tenant fails to commence to make such repairsrepairs within ten (10) business days following notice from Landlord, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs Subject to the exterior wallsprovisions of Section 6.4, foundation and roof of the Buildingabove, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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.
Appears in 2 contracts
Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)
Repairs. Landlord shall maintain in good condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), landscaping, exterior Project signage (specifically excluding any signage of Tenant provided pursuant to the terms of this Lease), base building stairwells, elevator cabs, plazas, art work, sculptures, men’s and women’s public washrooms, parking areas, Building mechanical, 000 XXXXXXXX XXXXXXXXX electrical and telephone closets, and all Common Areas and public areas (collectively, “Building Structure”) and the base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems excepting any portion thereof located within the Premises which was constructed by or for Tenant and/or which exclusively services the Premises (collectively, the “Building Systems). Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for all costs to repair the Building Structure and/or the Building Systems to the extent required because of Tenant’s use of the Premises for other than normal and customary general office use, or as a result of damage caused by Tenant’s negligence or willful misconduct. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar insta-hot dispensers), and the portion of the finished floor or floors of the Building on which the Premises are locatedlocated and any damage to the floors thereunder caused by Tenant or its improvements, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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.
Appears in 2 contracts
Samples: Office Lease (Connecture Inc), Office Lease (Connecture Inc)
Repairs. Tenant shallSubject to Section 11, Tenant, at Tenant’s own its expense, keep shall perform all maintenance and repairs (including replacements) to the Premises, and keep the Premises in as good condition and repair as existed when Tenant took possession and as thereafter improved, except for reasonable wear and tear and repairs that are Landlord’s express responsibility hereunder. Tenant’s maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including all improvementsany Tenant Improvements, fixtures, furnishingsany Alterations (defined in Section 7.2), and systems any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and equipment to the extent located therein air conditioning units, kitchens (including plumbing fixtures and equipment such as hot water heaters, dishwashers, garbage disposals, refrigeratorsinsta-hot dispensers, coffee makers and Insta Hot plumbing) and similar dispensers)facilities exclusively serving the Premises, whether located inside or outside of the Premises, and the portion of the floor whenever and by whomever installed or floors of the Building on which the Premises are located, paid for; and (c) all Lines (defined in good order, repair Section 23) and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefortrade fixtures. Notwithstanding the foregoing, Landlord may, at its option, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall be responsible for pay Landlord, upon demand, the cost of such work plus a coordination fee equal to 5% of such cost. Landlord shall perform all maintenance and repairs to to, and keep in good condition and repair, (i) the roof and exterior walls, foundation walls and roof windows of the Building, (ii) the Base Building, and (iii) the Common Areas. As used herein, “Base Building” means the structural portions of the floors Building, together with all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the Building in general, whether located inside or outside of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 effectPremises.
Appears in 2 contracts
Samples: Office Lease (Apigee Corp), Office Lease (Apigee Corp)
Repairs. Tenant Lessee shall, at Tenant’s own its expense, take good care of the premises, which includes, but is not limited to, all electrical, plumbing, heating, air conditioning and other mechanical or machinery installations therein; all doors, as well as all plate glass doors and windows, fixtures and appurtenances therein, and shall make all repairs, alterations, replacements and modifications necessary to keep them in as good working order and condition, using material and labor of a kind and quality equal to the Premisesoriginal work, as they were upon commencement of this Lease, including all improvementsstructural repairs when those are necessitated by the act, fixturesomission or negligence of Lessee or its agents, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor employees or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Terminvitees. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the The exterior walls, foundation and roof walls of the Building, the structural windows and the portions of all window xxxxx outside same are not part of the floors premises demised by this Lease, and Lessor hereby reserves all rights to such parts of the Building. Tenant shall not abandon or vacate the Demised Premises, shall not permit, license or suffer the occupancy of any other party in the Demised Premises and shall keep the base building systems Demised Premises and equipment of the Buildingsidewalks, except service-ways and loading areas adjacent to the extent that Demised Premises neat, clean and free from dirt, rubbish, insects and pests at all times and store all trash and garbage within the Demised Premises, arranging for a regular pick up of such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs garbage and trash at Tenant’s expense. Tenant shall store all trash and garbage within the area designated by Landlord for such trash pick up and removal and only the receptacles of the size, or, if covered design and color from time to time prescribed by Landlord’s insurance, . Tenant shall only be obligated not operate an incinerator or burn trash or garbage within the Center. Tenant agrees, at Tenant’s sole cost and expense (i) to pay any deductible in connection therewith. Landlord maycomply promptly and fully with all present and future governmental laws, but shall not be required toordinances, enter orders, rules and regulations affecting the Premises at all reasonable times and/or Tenant’s use thereof, including without limitation, the Americans with Disabilities Act, 42, U.S.C. Section 12111, et. Seq., as amended, and/or the cleanliness, safety, occupancy and use of the same; and (ii) be and remain authorized to do business in the state in which the Center is located. Tenant shall make such repairs, alterations, improvements no alternations or additions to the Premises or erect any exterior signs other than a building standard Tenant sign (if any) provided by Landlord or as may be made with Landlord’s prior written consent which consent shall not be unreasonably withheld. All alterations or additions made with such consent shall be part of the Premises and the property of Landlord, subject to the Project terms of this Lease unless otherwise provided by the instrument of consent. Tenant’s trade fixtures, equipment or to any equipment located in other personal property placed on the Project as Landlord shall desire or deem necessary or as Landlord Premises may be required removed by Tenant at any time during the Rental Term; but if installation of any of same in or on the Premises or the removal therefrom of any thereof could deface structurally alter the Premises, Landlord’s written consent to do installation must first be procured and, upon removal, all any damage to the Premises caused thereby shall be fully repaired promptly by governmental Tenant at Tenant’s expense. There shall be no outside storage of any kind whatsoever. Notwithstanding anything to the contrary contained herein, Tenant shall not be responsible for roof 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 structural maintenance except to the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectextent the same may be occasioned by Tenant’s negligence.
Appears in 2 contracts
Samples: Lease Agreement (Sancilio Pharmaceuticals Company, Inc.), Lease Agreement (Sancilio Pharmaceuticals Company, Inc.)
Repairs. (a) Landlord’s obligation with respect to repair as part of Basic Services shall be limited to (i) the structural portions of the Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systems [except for any lavatory, shower, toilet, wash basin and kitchen facilities in the Premises that serve Tenant shallexclusively and any supplemental heating and air conditioning systems serving Tenant exclusively (including all plumbing connected to said facilities or systems)], at Tenant’s own expense, keep (v) the Building standard exhaust and ventilation systems in the lavatory facilities located in the Premises, including all improvementsand (vi) Common Areas. Landlord shall not be deemed to have breached any obligation with respect to the condition of any part of the Project unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a reasonable time following the receipt by Landlord of such notice. The foregoing notwithstanding, fixtures, furnishings, and systems and equipment (i) Landlord shall not be required to repair damage to any of the foregoing to the extent located therein (including plumbing fixtures and equipment such as dishwasherscaused by the acts or omissions of Tenant or it agents, garbage disposalsemployees or contractors, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to Paragraph 8(e); and (ii) the prior approval obligations of Landlord, and within Landlord pertaining to damage or destruction by casualty shall be governed by the provisions of Paragraph 9. All costs incurred by Landlord in performing any reasonable period such repair for the account of time specified by Landlord, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay be repaid by Tenant to Landlord the cost thereofupon demand, including a together with an administration fee equal to fifteen percent (15%) supervisory fee forthwith upon being billed thereforof such costs. Notwithstanding EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH 7(E) OF THIS LEASE, THERE SHALL BE NO ABATEMENT OF RENT AND NO LIABILITY OF LANDLORD BY REASON OF ANY INJURY TO OR INTERFERENCE WITH TENANT’S BUSINESS ARISING FROM THE MAKING OF ANY REPAIRS, ALTERATIONS OR IMPROVEMENTS IN OR TO ANY PORTION OF THE PREMISES, THE BUILDING OR THE PROJECT. Subject to Tenant’s rights under Paragraph 7(e) of this Lease, Tenant waives the foregoing, Landlord shall be responsible for repairs right to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 expense under any similar law, statute, statute or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Office Lease (SecureWorks Corp), Office Lease (SecureWorks Holding Corp)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition 7.1 Landlord shall at all times during the Lease Term. In addition, Tenant shall, at Term (with the exception of Tenant’s own expense, but under the supervision and subject rights with respect to the prior approval HVAC set forth in Section 6.9 above) maintain in good condition and operating order and in a manner reasonably commensurate with the maintenance standards of Landlordowners of Comparable Buildings, and within any reasonable period the structural portions of time specified by Landlordthe Building, promptly and adequately repair including, without limitation, all damage to the Premises and replace or repair all damagedBase Building, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and foundation, roof of the Building, the structural portions of the floors of the Building, stairs, stairwells, escalators, elevators, parking areas, exterior landscaping and all Common Areas (collectively, the “Building Structure”), and the base building Building’s mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems (and equipment of all associated equipment, boilers, connections and/or facilities related to such HVAC systems) (collectively, the Building, “Building Systems”) except to the extent that such repairs are required due to the gross negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the gross negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times (upon not less than forty-eight (48) hours advance written notice, except in the case of emergencies in which case no such notice shall be required and such entry may be at any time) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem reasonable necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use reasonable efforts to minimize interruption of Tenant’s operations in the Premises during any entry into the Premises pursuant to this Article 7. Tenant hereby waives any shall at all times, except in the case of emergencies, have the right to escort Landlord or its agents, representatives, contractors or guests while the same are in the Premises, provided such escort does not materially and all adversely affect Landlord’s access 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 effecthereunder.
Appears in 2 contracts
Samples: Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)
Repairs. Tenant shallTenant, at its expense, shall perform all maintenance and repairs (including replacements) to the Premises that are not Landlord’s express responsibility hereunder, and shall keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s own expense, keep maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including all improvementsany Tenant Improvements, fixtures, furnishingsany Alterations (defined in Section 7.2), and systems any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and equipment to the extent located therein air conditioning units, kitchens (including plumbing fixtures and equipment such as hot water heaters, dishwashers, garbage disposals, refrigeratorsinsta-hot dispensers, coffee makers and Insta Hot plumbing) and similar dispensers)facilities exclusively serving Tenant, whether located inside or outside of the Premises, and the portion of the floor whenever and by whomever installed or floors of the Building on which the Premises are located, paid for; and (c) all Lines (defined in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed thereforSection 23). Notwithstanding the foregoing, if Tenant is in Default of its repair and/or maintenance obligations hereunder (or in the case of any emergency), Landlord may, at its option, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall pay Landlord, upon demand, the cost of such work plus a coordination fee equal to 10% of such cost. Landlord shall be responsible for perform all maintenance and repairs to (i) the roof and exterior walls, foundation walls and roof windows of the Building, (ii) the Base Building, and (iii) the Common Areas. As used herein, “Base Building” means the structural portions of the floors Building, together with all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the Building in general, whether located inside or outside of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 effectPremises.
Appears in 2 contracts
Samples: Office Lease (Cardiodx Inc), Office Lease (Cardiodx Inc)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar insta-hot dispensers), or elsewhere exclusively serving the Premises, and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent 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, which percentage shall not exceed 15%) supervisory fee % of the cost, with such repairs and replacements forthwith upon being billed thereforfor same. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems and utility services serving the Premises from the Building connection point to the Premises (to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the BuildingBuilding and Common Areas (to the extent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and 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 Landlord shall desire or deem necessary 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.
Appears in 2 contracts
Samples: Lease (Jounce Therapeutics, Inc.), Lease (Jounce Therapeutics, Inc.)
Repairs. Owner shall maintain and repair the public portions of the building, both exterior and interior, except that if Owner allows Tenant to erect on the outside of the building a sign or signs, or a hoist, lift or sidewalk elevator for the exclusive use of Tenant, Tenant shall maintain such exterior installations in good appearance and shall cause the same to be operated in a good and workmanlike manner and shall make all repairs thereto necessary to keep same in good order and condition, at Tenant's own cost and expense, and shall cause the same to be covered by the insurance provided for hereafter in Article 8. Tenant shall, at Tenant’s own expensethroughout the term of this lease, keep take good care of the Premises, including all improvements, fixtures, furnishings, demised premises and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)appurtenances therein, and the sidewalks adjacent thereto, and at its sole cost and expense, make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. If the demised premises be or become infested with vermin, Tenant shall at Tenant's expense, cause the same to be exterminated from time to time to the satisfaction of Owner. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to the Tenant for the diminuation of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner, Tenant or others making or failing to make any repairs, alterations additions or improvements in or to any portion of the floor building including the erection or floors operation of the Building on which the Premises are locatedany xxxxx, in good order, repair and condition at all times during the Lease Term. In addition, 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, promptly and adequately repair all damage to the Premises and replace xxxxxxx or repair all damaged, brokensidewalk shed, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project demised premises or the fixtures, appurtenances or equipment thereof. The provisions of this article 4 with respect to any equipment located the making of repairs shall not apply in the Project as Landlord shall desire case of fire or deem necessary 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 other casualty which are dealt with in effectarticle 9 hereof.
Appears in 2 contracts
Samples: Agreement of Lease (Blue Fish Clothing Inc), Agreement of Lease (Blue Fish Clothing Inc)
Repairs. Supplementing the provisions of Article 4 of this lease: ------- Owner shall maintain and repair the public portions of the Building, both exterior and interior (excluding the exterior and interior of all windows, plate glass, showcases, doors, door frames and bucks). Tenant, throughout the term of this lease, shall take good care of the demised premises, the fixtures and appurtenances therein (including, without limitation, the sprinkler system and any other equipment installed y Tenant shall, at Tenant’s own expense, keep in accordance with the Premises, including all improvements, fixtures, furnishingsprovisions of Article 29 hereof, and systems and equipment all installations required for the furnishing to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensersdemised premises of the services enumerated in Article 51 hereof), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair store front and condition at all times during the Lease Term. In addition, Tenant shallentrance doors thereto and, at Tenant’s own 's sole cost and expense, but under shall clean the supervision sidewalks and subject curbs adjacent to the prior approval of Landlord, demised premises and within any reasonable period of time specified by Landlord, promptly make all non- structural repairs thereto and adequately repair all damage to the Premises demised premises (including the exterior and replace or repair interior of all damagedwindows, brokenplate glass, or worn fixtures showcases, doors, door frames and appurtenances, except for damage caused by ordinary wear bucks) as and tear or beyond when needed to preserve the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs same in good working order and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed thereforcondition. Notwithstanding the foregoing, Landlord shall be responsible for repairs all damage or injury to the exterior walls, foundation and roof demised premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, or to the sidewalks or curbs adjacent to the demised premises, whether requiring structural portions or non-structural repairs, caused by or resulting from (i) the moving of the floors of the BuildingTenant's fixtures, and the base building systems furniture and equipment of the Buildingor (ii) any act, except to the extent that such repairs are required due to the negligence omission, neglect or willful misconduct of Tenant; providedimproper conduct of, howeveror alterations made by, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord Tenant's servants, employees, invitees or licensees, shall nevertheless make such repairs be repaired promptly, either by Owner at Tenant’s 's sole cost and expense, or, at Owner's option, by Tenant at Tenant's sole cost and expense, to the satisfaction of Owner. All the aforesaid repairs shall be of a quality or class equal to the original work or construction and shall be made in accordance with the provisions of Articles 3 and 49 hereof. If Tenant, within 20 days following written notice by Owner, fails to commence the performance of any repairs required to be made by Tenant hereunder or if covered Tenant thereafter fails to diligently prosecute the performance of such repairs to full completion, the same may be made by Landlord’s insuranceowner, and the expenses thereby incurred by Owner shall be collectible as Additional Charges. Tenant shall only be obligated give Owner prompt notice f any defective condition in any mechanical, electric, sanitary, plumbing, utility or other service system (or any part thereof) located in, servicing or passing through the demised premises and Owner shall thereafter repair such condition, subject, however, to pay any deductible in connection therewiththe further provisions of this lease. Landlord may, but The water and wash closets and other plumbing fixtures shall not be required toused for any purposes other than those for which they were designed or constructed, enter the Premises at all reasonable times to make such repairsand no sweepings, alterationsrubbish, improvements rags, acids or additions to the Premises or to the Project or to any equipment located in the Project as Landlord other substances shall desire or deem necessary 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 effectdeposited therein.
Appears in 2 contracts
Samples: Agreement (Reading Entertainment Inc), Agreement (Craig Corp)
Repairs. Tenant shall(a) Landlord shall maintain (including repairs and replacements), at Tenant’s own expensein a timely manner, keep in good order and condition and incompliance with all Law and in accordance with the standards of Class A office buildings in the CBD as reasonably determined by Landlord, all of the following: (a) Common Areas and other public portions of the Building and Parking Structure, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, (b) the windows and exterior walls, roofs, foundations and structure itself of the Building, (c) the fire and life safety systems, mechanical, HVAC, plumbing, gas, sewer, drainage, electrical and other utility lines and equipment servicing the Premises, including all improvements, fixtures, furnishingsBuilding and/or the Common Areas, and systems and equipment (d) all other portions of the Development (other than leased space expressly required to be maintained by a particular tenant pursuant to the extent located therein terms of its lease). The cost of the foregoing shall be included in Expenses (including plumbing fixtures and equipment such except as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensersotherwise prohibited by this Lease), except for the repairs due to fire and other casualties and for the portion repair of damages occasioned by the negligent acts or omissions of Tenant, which Tenant shall pay to Landlord in full (unless the liability for such has been waived by Section 21). Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building (to be included in Expenses); provided, however, Tenant shall be responsible to reimburse Landlord for the cost of the floor or floors of the Building on which the Premises are locatedlighting ballasts, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlordlight bulbs, and within fluorescent tubes replaced in the Premises. Landlord shall promptly complete all required repairs and repair any reasonable period of time specified by Landlord, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make which may result from such repairs and replacementsmaintenance. Landlord shall, and Tenant shall pay Landlord the cost thereofat its sole cost, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for also make all repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to Premises necessitated by the negligence or willful misconduct of Tenant; providedLandlord, howeverLandlord’s managers, that if such contractors, employees or agents. Landlord shall make all repairs are due required to be made by it under this Lease within a reasonable time. Except in the negligence or willful misconduct event of Tenantan Emergency, Landlord shall nevertheless also make all such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, such times and in such a manner as to reasonably minimize inconvenience to Tenant shall only be obligated to pay any deductible in connection therewiththe conduct of its business. Landlord may, but shall not be required to, enter the Premises at all for the purpose of making such repairs if the same can be made on a reasonable times basis without entry of the Premises. If said repairs can be made outside of Tenant’s business hours without substantial additional cost to make such repairsLandlord, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may do so, unless Tenant requests that they 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 effectmade during business hours.
Appears in 2 contracts
Samples: Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.)
Repairs. Tenant shallTenant, at its expense, shall perform all maintenance and repairs (including replacements) to the Premises that are not Landlord’s express responsibility hereunder, and shall keep the Premises in good condition and repair, and reasonable wear and tear and damage from a Casualty or Taking excepted. Tenant’s own expense, keep maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including all improvementsany Tenant Improvements, fixtures, furnishingsany Alterations (defined in Section 7.2), and systems any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and equipment to the extent located therein air conditioning units, kitchens (including plumbing fixtures and equipment such as hot water heaters, dishwashers, garbage disposals, refrigeratorsinsta-hot dispensers, coffee makers and Insta Hot plumbing) and similar dispensers)facilities exclusively serving Tenant, whether located inside or outside of the Premises, and the portion of the floor whenever and by whomever installed or floors of the Building on which the Premises are located, paid for; and (c) all Lines (defined in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed thereforSection 23). Notwithstanding the foregoing, Landlord may, at its option, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall be responsible for pay Landlord, within 15 days after Tenant receives a demand and reasonable evidence of the cost, the cost of such work plus a coordination fee equal to 5% of such cost. Landlord shall perform all maintenance and repairs to (i) the roof and exterior walls, foundation walls and roof windows of the Building, (ii) the Base Building, and (iii) the Common Areas. As used herein, “Base Building” means the structural portions of the floors Building (including the foundation), together with all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the Building in general, whether located inside or outside of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 effectPremises.
Appears in 2 contracts
Samples: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)
Repairs. Tenant shallwill, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused under the supervision and subject to the approval of the Landlord, and within any reasonable period of time specified by ordinary wear and tear or beyond the reasonable control of Landlord. If the Tenant does not do so after five (5) days written notice to Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building) supervisory fee sufficient to reimburse Landlord for all, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements, forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives Except as otherwise set forth in this Lease, Landlord shall not under any circumstances be required to build any improvements on the Premises, or to make any repairs, replacements, alterations, or renewals of any nature or description to the interior of the Premises or to any of the existing improvements therein, whether interior or exterior, ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever in connection with this Lease or to inspect or maintain the Premises in any way, except as expressly set forth as follows: (a) the replacement of any roof on a building at the Premises as required, (b) repair and/or replacement of any load-bearing walls and exterior walls on buildings at the Premises as required, (c) any repair/replacement of Building mechanical systems as required, and (d) any repair/replacement of the Building foundation and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code other structural repairs. Landlord shall not be required to make any such repair or under replacement where such repair or replacement is necessitated by any similar lawaction, statutewillful misconduct, omission, non-action, or ordinance now negligence of Tenant or hereafter Tenant’s agents, employees, customers, invitees, or contractors or caused by unlawful breaking and entering. Landlord shall not be deemed in effectbreach of this Lease unless Landlord fails within a reasonable time to perform an obligation required to be performed by Landlord. For purposes of this Section 7, and except in the case of an emergency, a reasonable time shall in no event be less than ten (10) days after receipt by Landlord of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord’s obligation is such that more than ten (10) days after such notice are reasonably required for its performance, then Landlord shall not be in breach of this Lease if performance is commenced within such ten (10) day period and thereafter diligently pursued to completion. Notwithstanding anything herein to the contrary, in addition to and not in limitation of Tenant’s remedies, if Landlord shall be deemed in breach of this Section 7, then Tenant shall be entitled to Rent abatement until such breach is cured and Tenant shall have no claim against Landlord for any damages suffered by reason of such breach.
Appears in 2 contracts
Samples: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)
Repairs. Tenant 7.01. Landlord, at its sole cost and expense, shall maintain and repair, as necessary, the Life Safety System, roof, roof membrane and any interior ceiling damage due to roof leaks, the Building mechanical systems, the electrical system serving and/or in the Demised Premises, the structural components of the Building including the structural components in the Demised Premises, the common areas, the parking lot, the landscaping as well as all HVAC servicing and/or in the Demised Premises (with the exception of the supplemental HVAC units servicing and/or in Tenant's computer room [approximately 2,000 rsf] and the Tenant's 24 hour call center area] in the Demised Premises (the "Supplemental Units"), which Supplemental Units shall, after the first Lease Year, be maintained at Tenant's sole cost and expense, the electric, the plumbing and any sprinkler system (if the same is installed in the Demised Premises) in and servicing the Demised Premises and the Building (collectively, the "Building Systems"). Notwithstanding the foregoing, Landlord shall, at Tenant’s own its sole cost and expense, keep (i) for a period of one (1) year from the Premisesapplicable Commencement Date, including repair the Original Premises and the Expansion Space, including, without limitation the Supplemental Units (which shall, at all improvementstimes, fixtures, furnishings, and systems and equipment to be maintained by Tenant but shall be repaired by Landlord for the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensersfirst year of the Lease term), and the portion bathroom and plumbing fixtures and appurtenances in the Demised Premises; and (ii) at all times throughout the term of this Lease repair the floor or floors supplemental air conditioning and ventilation units and the electric baseboard heating installed in the President's office and the CEO's office, as indicated on the Plan. Subsequent to the one year period, with the exception of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In additionSystems, Tenant shall, at Tenant’s own its sole cost and expense, but under take good care of the supervision Demised Premises and subject the fixtures and appurtenances therein) and make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, notwithstanding whether the repair in question is ordinary or extraordinary, foreseen or unforeseen. All damage or injury to the prior approval Building, the Property and/or the Demised Premises and to any Structural or Non-Structural portions of the Building, the fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building, or by the installation or removal of furniture, fixtures or other property, or from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct or other cause on the part of Tenant, its servants, employees, agents, visitors, invitees or licensees, shall be repaired, restored or replaced promptly at Tenant's sole cost and expense to the reasonable satisfaction of Landlord. All such repairs, restorations and within any reasonable period of time specified replacements made by Landlord, promptly Tenant shall be in quality and adequately repair all damage class equal to the Premises and replace original work or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused installations that were damaged by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if . If Tenant fails to make such repairs, Landlord mayrestoration or replacements within a commercially reasonable time period, but need notin no event more than ten (10) days, make upon written notice to Tenant, the same may be made by Landlord at the sole cost and expense of Tenant and such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord expenses shall be responsible for repairs to the exterior walls, foundation collectible as additional rent and roof shall be paid by Tenant within thirty (30) days after rendition by Landlord of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 effecta xxxx therefor.
Appears in 2 contracts
Samples: Agreement (1 800 Flowers Com Inc), 1 800 Flowers Com Inc
Repairs. 11.a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant’s own 's sole cost and expense, keep the Premises, including all improvements, fixtures, furnishings, Premises and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, every part thereof in good ordercondition and repair, repair and condition at all times during the Lease Term. In addition, 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, 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 thereto from causes beyond the reasonable control of Tenant; Tenant and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided howeverin an addendum, thatif any, at Landlord’s option, or if Tenant fails to make such repairsthis Lease, Landlord mayshall have no obligation whatsoever to alter, but need notremodel, make such repairs improve, repair, decorate or paint the Premises or any part thereof and replacements, and the parties hereto affirm that landlord has made no representation to Tenant shall pay Landlord respecting the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed thereforcondition of the Premises or the Building except as specifically herein set forth. 11.b. Notwithstanding the foregoingprovisions of Article 11.a. hereinabove, Landlord shall be responsible for repairs to the exterior walls, foundation repair and roof of the Building, maintain the structural portions of the floors of the Building, including the basic plumbing, air conditioning, heating, and the base building systems electrical systems, installed or furnished by Landlord, unless such maintenance and equipment of the Building, except to the extent that such repairs are required due to caused in part or in whole by the negligence act, neglect, fault or willful misconduct omission of Tenant; provided, however, that if such repairs are due to any duty by the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expenseits agents, orservants, if covered by Landlord’s insuranceemployees or invites, in which case Tenant shall only be obligated pay to pay any deductible in connection therewithLandlord the reasonable cost of such maintenance and repairs. Landlord may, but shall not be required to, enter the Premises at all reasonable times liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability by Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations, alterations or improvements in or additions to any portion of the Building or the Premises or to the Project in or to any fixtures, appurtenances and equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreetherein. 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 right to make repairs at Landlord's expense under any similar law, statute, statute or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Quokka Sports Inc, Quokka Sports Inc
Repairs. 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, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are locatedfurnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to commence repair within five (5) days thereafter and to diligently pursue the same to completion (except in the event of an emergency, when no notice shall be required) but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 within thirty (30) days after being billed thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors floor of the Building on which the Premises is located, the systems and equipment of the Building, and the base building systems and equipment of the BuildingCommon Areas, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs repairs, but at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs to the Premises, or repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem reasonably necessary 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.
Appears in 2 contracts
Samples: Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, Inc.)
Repairs. Tenant shallSubject to the provisions of Paragraph 5(b) (relating to Landlord's repairs during Landlord's Warranty Period), at Tenant’s own expenseParagraph 6(e) (relating to compliance with ADA), keep Paragraph 11 (relating to Landlord's repair obligations), Paragraph 18 (relating to the partial or total destruction of the Premises, including all improvements, fixtures, furnishings, ) and systems and equipment Paragraph 19 (relating to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the condemnation of all or a portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In additionPremises), Tenant shall, at Tenant’s own 's sole cost and expense, but under the supervision keep and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to maintain the Premises and replace every part thereof, as well as all equipment serving only the Premises, in good order, condition, and repair, (whether or repair all damaged, broken, or worn fixtures and appurtenances, except not the need for damage caused by ordinary wear and tear or beyond the reasonable control any such repairs occurs as a result of Tenant; provided however's use, thatany prior use, at Landlord’s option, the elements or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacementsthe age of the Premises), and Tenant shall pay Landlord keep and maintain the cost thereofPremises in full compliance with all applicable laws, including a fifteen percent (15%) supervisory fee forthwith upon being billed thereforrules, regulations, ordinances, and directives of all local, regional, state, and federal governmental authorities. Notwithstanding Tenant's repair obligations as set forth herein shall include, without limiting the generality of the foregoing, Landlord shall be responsible for repairs to all equipment within or serving only the exterior Premises such as plumbing, heating, air conditioning, and ventilating equipment, electrical lighting facilities, fire sprinklers, alarm systems, interior walls, foundation and interior ceilings, floors, windows, doors, plate glass, roof of the Building, the structural portions of the floors of the Buildingmembranes, and skylights. Tenant's obligations hereunder shall include restorations, replacements, or renewals, if necessary, in order to keep and maintain the base building systems Premises in good order, condition, and equipment state of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenantrepair; provided, however, that if such repairs are due Tenant's obligations to repair and to maintain plumbing, heating, air conditioning, and ventilating equipment, electrical lighting facilities, roofing membrane, fire sprinklers, and alarm systems shall extend only to the negligence routine repair and maintenance thereof. In addition to Tenant's obligation to maintain the Premises, all damage or willful misconduct injury to any other portion of the Project, including both the Common Area and other lease spaces, caused by omission, neglect, or improper conduct of Tenant, its employees, agents, subtenants, assignees or invitees shall be repaired promptly by Tenant at its sole cost and expense, to the reasonable satisfaction of Landlord. In connection with Tenant's performance of its obligations under this Paragraph, Landlord shall nevertheless make such repairs at available to Tenant’s expense, orand if necessary, if covered shall assign to Tenant, any warranties held by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to on any equipment located in on the Project as Landlord shall desire or deem necessary 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 effectPremises.
Appears in 1 contract
Samples: Commercial Lease (Finisar Corp)
Repairs. Tenant shallLandlord, at Tenant’s own expenseduring the Term of this Lease and any extension thereof, keep shall make all repairs and replacements to all structural portions of the Premises, including, but not limited to, the exterior walls (including all improvementsdoors), fixturesroof and foundations, furnishingspipes and conduits, and systems utility installations, adjoining sidewalks, driveways, service areas and equipment to curbs (irrespective of any duty on the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion part of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails governmental agency to make such repairs, Landlord may, but need not, make or order such repairs and replacements), and Tenant shall pay Landlord all repairs and replacements necessary to put and maintain the cost thereofexterior of the Premises and parking area (including, but not limited to, filling holes and resealing as necessary, but subject to normal wear and tear), including all improvements now or hereafter thereon, and all appurtenances thereto (including sewer and sewer connections, water and gas pipes and connections, electrical wires and connections) in a fifteen percent (15%) supervisory fee forthwith upon being billed thereforsafe and tenantable condition and in good order and repair as expected for a comparable single story office flex building in the Northern Suburbs of Chicago, Illinois, except for those repairs made necessary by the negligent acts of the Tenant or its employees to the extent those repairs are not covered by Landlord’s insurance. Notwithstanding the foregoing, Landlord shall be responsible for make all repairs to the exterior walls, foundation and roof interior of the BuildingPremises which may be of a structural nature or which are caused by structural failures or movement, repairs to the structural portions interior of the floors Premises made necessary by leakage of the Buildingroof, and the base building systems and equipment or by leakage of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenantany utility installation; provided, however, that if Landlord shall not be obligated to make repairs for any structural damage caused by Tenant, its employees, invitees or agents. Lawns, landscaping and shrubbery care and snow removal shall be the responsibility of Landlord and shall be a common area maintenance cost of which Tenant shall pay its proportionate share. Tenant, during the Term of this Lease and any extension thereof, agrees to keep in good order and repair all interior portions of the Premises (including overhead doors, docks contained within the Premises and the electric operators thereof,), except such repairs as under this Lease Landlord is required to make and except repairs which are due to made necessary because of faulty construction and except repairs which are the negligence obligation of Landlord under Paragraph 16 of this Lease. Tenant shall also provide ordinary maintenance for the plumbing and light fixtures (within the Premises) and shall replace any interior glass (not part of the outside walls) which may be damaged or willful misconduct broken with glass of the same quality. Tenant, Landlord shall nevertheless make such repairs at Tenant’s expensecost, orwill be responsible for trash removal, if covered by Landlord’s insurancejanitorial and security for the Premises. In addition, Tenant shall only be obligated to pay any deductible (at Tenant’s cost and expense) maintain and insure the items listed in connection therewith. Landlord may, but shall not be required to, enter Exhibit D as the Premises at all reasonable times to make such repairs, alterations, improvements or additions to Landlord’s Equipment Inventory that are being utilized by Tenant during the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 Term 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 effectthis Lease.
Appears in 1 contract
Samples: Lease (Nanosphere Inc)
Repairs. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition, and repair. Tenant shall, at Tenant’s own 's sole cost and expense, keep the Premises, including all improvements, fixtures, furnishings, Premises and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, every part thereof in good ordercondition and repair, repair and condition at all times during the Lease Term. In addition, 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, 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 thereto from causes beyond the reasonable control of Tenant; Tenant and from ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided howeverin an addendum, thatif any, at Landlord’s optionto this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate, or if paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord respecting the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed thereforcondition of the Premises or the Building except as specifically herein set forth. Notwithstanding the foregoingprovisions of Article 13(a), Landlord shall be responsible for repairs to the exterior walls, foundation repair and roof of the Building, maintain the structural portions of the floors of the Building, including the basic plumbing, air conditioning, heating, and electrical systems, installed or furnished by Landlord, unless the base building systems need for such maintenance and equipment of the Building, except to the extent that such repairs are required due to caused, in part or in whole, by the negligence act, neglect, fault, or willful misconduct omission of Tenant; provided, however, that if such repairs are due to any duty by the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expenseits agents, orservants, if covered by Landlord’s insuranceemployees, or invitees, in which case Tenant shall only be obligated pay to pay any deductible in connection therewithLandlord the reasonable cost of such maintenance and repairs. Landlord may, but shall not be required to, enter the Premises at all reasonable times liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 24, 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 additions to any portion of the Building or the Premises or to the Project in or to any fixtures, appurtenances, and equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreetherein. 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 right to make repairs at Landlord's expense under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Letter Agreement (Synon Corp)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment (a) Subject to the extent located therein (including plumbing fixtures provisions of Paragraphs 9 and equipment such as dishwashers58 of this Lease, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval full term of Landlord, and within any reasonable period of time specified by Landlord, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoingthis lease, Landlord shall be responsible for make all structural repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the BuildingDemised Premises, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to those which shall have been occasioned by the negligence or willful misconduct of Tenant, its agents, contractors, employees or invitees, which repairs Landlord shall nevertheless make such at Tenant?s sole cost and expense. Structural repairs are hereby defined to be repairs to the roof (but subject to the terms of Paragraph 47 hereof), the roof supports, the bearing walls, foundation, the structural steel and the exterior of the Building (except for windows, doors and plate glass). Except for Landlord's obligations specifically set forth in this Paragraph 48, Tenant shall, at Tenant’s its own cost and expense, orkeep the Demised Premises in good condition, if covered repair and appearance at all times throughout the term of this lease including, without limitation, (i) maintenance, repair and replacement of the electrical, plumbing, sprinkler (but only to the extent that such sprinkler system is in the Demised Premises or exclusively services the Demised Premises), heating, air conditioning, ventilation, life safety and all other mechanical systems (but only to the extent that such life safety and other mechanical systems are in the Demised Premises or exclusively service the Demised Premises) servicing the Demised Premises; (ii) regularly- scheduled cleaning and maintenance of the interior of the Demised Premises; and (iii) the maintenance, repair and replacement of all windows, doors and plate glass. Notwithstanding anything to the contrary contained herein, upon the expiration or sooner termination of this lease, the Building systems shall be delivered to Landlord in working order. Tenant shall at all times obtain and keep in full force and effect for the benefit of Landlord and Tenant with a responsible company doing business in Suffolk County reasonably approved by Landlord’s insuranceLandlord a service, repair and maintenance contract with respect to the heating, ventilating and air conditioning systems servicing the Demised Premises. A copy of such contract and renewals thereof shall, upon issuance and thereafter not later than ten (10) days prior to expiration, be furnished to Landlord together with evidence of payment. Notwithstanding anything to the contrary contained herein, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements any repairs (whether structural or additions non-structural) to the Premises extent same are necessitated by the gross negligence or to the Project willful misconduct of Landlord or to any equipment located in the Project as Landlord shall desire its agents, employees or deem necessary 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 effectcontractors.
Appears in 1 contract
Samples: Scientific Industries Inc
Repairs. 12.01 Tenant shallshall take good care of the Demised Premises and Tenant’s Roof Top Space (and RTS Property therein) and the fixtures and appurtenances therein or outside the Premises as permitted hereunder, including any Supplemental HVAC System and the Private Shuttle Elevator (subject to Section 2.03E and Section 5.10 hereof), in each case, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, sole cost and systems and equipment to the extent located therein expense (including plumbing fixtures and equipment such unless required as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion a result of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Landlord or any Landlord Party, in which case the same shall, subject to the provisions of Section 14.01B hereof, be performed by Tenant at Landlord’s sole cost and expense), make all repairs thereto as and when needed in Tenant’s reasonable discretion to preserve them in good working order and condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible for pursuant to the provisions of Articles 17 and 18 hereof; providedit being agreed, however, that if Tenant shall have no obligation to make structural repairs unless the need for such repair was necessitated by reason of (a) any cause or condition arising out of any Tenant Changes, any Supplemental RTS Work or other alterations or installations in the Demised Premises, the Private Shuttle Elevator or, after Substantial Completion of the RTS -Build-out Work therein, Tenant’s Roof Top Space (whether made by Tenant or by Landlord on behalf of Tenant) or as hereinafter provided in this Section 12.01, or (b) Tenant’s particular manner of use or occupancy (as opposed to mere office use), or (c) any breach of any of Tenant’s covenants or agreements under this Lease, or (d) any negligence or willful misconduct by Tenant, any Tenant Party, any Related Entity or any contractor, subcontractor, licensee or invitee thereof, or (e) Tenant’s use or manner of use or occupancy of the Premises or Tenant’s Roof Top Space as a “place of public accommodation” within the meaning of the ADA. Tenant acknowledges that such obligation applies to, without limitation: (i) all distributions within the Demised Premises of the Base Systems serving the Demised Premises (from the point of connection within the Demised Premises) and (ii) any such Base System located outside of the Demised Premises to the extent it exclusively serves the Demised Premises or Tenant’s Roof Top Space but in such event Landlord shall perform such repairs are at Tenant’s sole but reasonable cost and expense. All damage or injury to the Demised Premises or Tenant’s Roof Top Space, in each case, whether structural or non-structural, and to its fixtures, glass, appurtenances and equipment or to the Building, or to its fixtures, glass, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, or from any other cause of any other kind or nature whatsoever due to the negligence or willful misconduct of Tenant, Landlord its employees, agents, visitors or licensees or any other Tenant Party or Related Entity, shall nevertheless make such repairs be repaired, restored or replaced promptly by Tenant at its sole but reasonable cost and expense to the reasonable satisfaction of Landlord. All aforesaid repairs, maintenance, restorations and replacements shall be in quality and class equal to the original work or installations and shall be done in a good and workerlike manner. At all times during the Term of this Lease, as required under the Unit Ground Lease, Tenant shall (A) not cause any waste to or upon the Building, the Unit, the Demised Premises, the Roof Top Garden Space or the Common Elements or any part thereof, nor permit or suffer any waste to or upon the Building, the Unit, the Demised Premises, the Roof Top Garden Space or the Common Elements; (B) not cause physical damage (other than as part of any Tenant Change permitted hereunder or as caused by a casualty or taking) to the Building, the Unit, the Demised Premises, the Roof Top Garden Space or the Common Elements or any part thereof; (C) maintain, repair, keep, use and occupy the Demised Premises and Tenant’s Roof Top Space in compliance with the DUO; and (D) keep the Demised Premises and Tenant’s Roof Top Space free of graffiti. Tenant shall promptly make, at Tenant’s sole cost and expense, orall repairs in and to the Demised Premises and Tenant’s Roof Top Space for which Tenant is responsible, if covered using only the contractor for the trade or trades in question approved by Landlord’s insurance, Tenant which approval shall only be obligated to pay any deductible granted or withheld in connection therewithaccordance with the provisions of Article 13 hereof. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises Any other repairs in or to the Project Building, the Unit and/or the Common Elements, or any portion thereof, or the facilities and systems thereof for which Tenant 105 is responsible shall be performed by Landlord at Tenant’s sole cost and expense. Landlord and Tenant agree that for the purposes of this Section 12.01, (a) core lavatories on any full floor of the Premises and any bathroom(s) located within the 51st Floor Space and (b) Tenant’s Roof Top Space, in each case, are not Building common areas, FC Limited Common Elements nor Common Elements and Tenant shall maintain, repair and/or make replacements thereto, as appropriate, at Tenant’s sole cost and expense, subject to any equipment located in the Project as terms of this Lease. Landlord shall desire have no obligation to clean, repair, replace or deem necessary maintain any “private” plumbing fixtures or as Landlord may facilities (i.e., plumbing fixtures and facilities other than those that would be required the common toilets in a multi-tenant floor) or the rooms in which they are located but the foregoing shall not vitiate Landlord’s obligation to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits maintain the plumbing therefor that is part the Base Systems to the point of subsection 1 of Section 1932 and Sections 1941 and 1942 of connection to the California Civil Code or under any similar law, statute, or ordinance now or hereafter applicable Office Space Portion in effectaccordance with the terms hereof.
Appears in 1 contract
Samples: Datadog, Inc.
Repairs. Tenant shall, at Tenant’s own expense, (a) Landlord shall make all necessary repairs to keep the Premisesroof, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof structural frame of the Building, the structural portions common Building systems, fixtures and equipment (such as elevators, common Building heating, ventilating and air-conditioning systems, windows, and common Building telecommunications, electrical and plumbing systems, provided, however, that Landlord shall have no responsibility for any such equipment owned or maintained by tenants or other third parties or any damage to such systems caused by tenants or other third parties) and the Common Area in good order and repair, excluding, however, all repairs which Tenant is obligated to make or pay for pursuant to this Section 8.1 and all repairs which any other tenant of the floors of the Building, and the base building systems and equipment of the Building, except Building is required to make pursuant to the extent that terms of such tenant’s lease. Tenant shall give Landlord prompt notice of any defective condition in any ventilating, air-conditioning, plumbing, heating system, electrical lines or windows located in, servicing or passing through the Demised Premises and following such notice, Landlord shall use commercially reasonable efforts where practicable to initiate all repairs promptly and to remedy the condition with due diligence, subject to unavoidable delay, but at the expense of Tenant if repairs are required due necessitated by any act attributable to the negligence Tenant, Tenant’s servants, agents, employees, invitees or willful misconduct of Tenantlicensees; provided, however, that if such repairs are due no liability of Landlord to Tenant shall accrue hereunder unless and until Tenant has given notice to Landlord of the negligence or willful misconduct of Tenant, Landlord specific repair to be made. Tenant shall nevertheless make such repairs have the right from time to time at its election to test the air quality in the Demised Premises. Such tests shall be at Tenant’s expense, or, if covered by Landlord’s insurance, sole cost and expense except that Landlord shall reimburse Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all actual and reasonable times to make cost of such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located test in the Project as Landlord shall desire or deem necessary or as Landlord may be required event the test results show an unacceptable air quality condition according 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 effectindustry standards reasonably determined.
Appears in 1 contract
Samples: Metropolitan Life (KMG America CORP)
Repairs. Tenant Except to the extent Landlord is expressly obligated under this Lease, and subject to Paragraphs 16(g) and 21, Tenant, shall, at Tenant’s own expensethroughout the Term of this Lease, keep the interior, non-structural portions of the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are locatedfurnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shallwhich repair obligations shall include, at Tenant’s own expensewithout limitation, but under the supervision and subject obligation to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the interior, non-structural portions of the Premises and replace or repair all damageddamaged or broken fixtures, brokentogether with all portions of the HVAC, electrical, plumbing, and lab systems solely serving the Premises from the point that such systems solely serve the Premises and all portions of all fume hoods and other exhaust systems located within the Premises (all such systems collectively being referred to as the “Premises Systems”), in good condition and repair. Tenant’s obligations shall include restorations, replacements or worn fixtures and appurtenancesrenewals, except including capital expenditures for damage caused by ordinary wear and tear restorations, replacements or renewals which will have an expected life beyond the reasonable control Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in good order, condition and repair and in compliance with all applicable laws. Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for industry standard maintenance contracts for the HVAC system installed by Tenant that solely serves the ground floor portion of the Premises (“Tenant; provided however’s Dedicated HVAC”) in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, thatreasonably satisfactory to Landlord. Tenant shall be solely responsible for the cost of all improvements or alterations to the Premises that are required by Tenant’s specific use of the Premises and/or triggered by reason of alterations or improvements to the Premises made by Tenant or the Premises Systems. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairsrepairs and the same constitutes a Tenant’s Default under Paragraph 25(c), Landlord may, but need not, make such repairs and replacementsrepairs, and Tenant shall pay Landlord the cost actual, documented out-of-pocket costs thereof. Subject to Paragraphs 16(g) and 21, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building) supervisory fee 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 thereforfor same. Notwithstanding Tenant shall also repair all damage to the foregoingBuilding and the Premises caused by the moving of Tenant’s fixtures, furniture and equipment. Subject to Paragraphs 16(g) and 21, Landlord shall be responsible for repairs to maintain in good working order, condition and repair the exterior walls, foundation and roof of the Building, the structural portions of the floors Building (including all foundations, floor and ceiling slabs, load bearing walls, roof and roof membrane), including the structural portions of the Premises, and the public portions (i.e., common areas) of the Building interior and the Land, the parking facilities serving the Building, and the base building Building plumbing, sewer, electrical, heating, air conditioning and ventilating systems and equipment serving the Premises. If Tenant acquires actual knowledge of any condition in the Building, except Premises which Tenant believes this Paragraph obligates Landlord to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurancerepair, Tenant will promptly give Landlord notice thereof. Except as otherwise provided in Paragraph 12, there shall only be obligated no allowance to pay any deductible in connection therewith. Tenant for diminution of rental value and no liability on the part of Landlord mayby reason of inconvenience, but shall not be required to, enter the Premises at all reasonable times annoyance or injury to make such business arising from Landlord making repairs, alterations, additions or improvements (collectively, the “Work”) in or additions to any portion of the Building or the Premises or in and to the Project fixtures, appurtenances or equipment thereof. It is specifically agreed that, except as specifically set forth in Paragraph 12 hereof, Tenant shall not be entitled to any equipment located in setoff or reduction of Rent by reason of any failure of Landlord to comply with the Project as Landlord shall desire covenants of this or deem necessary 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 other article 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 effectthis Lease.
Appears in 1 contract
Repairs. Landlord shall maintain in good condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (including the roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Project Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than the Permitted Use, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)furnishings therein, and the portion of the floor or floors of the Building on which the Premises are is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s '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, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenancesappurtenances (but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception), except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair (or commence to make the repair) within five (5) business days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15to be uniformly established for the Building and/or the Project, but not to exceed five (5%) supervisory fee percent) 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall 692500.09/WLA371593-00023/6-13-12/ao/ao -00- XXX XXXXXX[Xxxxxx Realty, L.P.][Concur Technologies, Inc.] be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives and releases any and all rights under and benefits it may have at law or in equity to make repairs at the expense 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 effectLandlord.
Appears in 1 contract
Repairs. From and after the commencement of and during the Term, the Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment except to the extent located therein (including plumbing fixtures it is Landlord's responsibility or caused by the negligence of the Landlord, at its own cost and equipment such expense, make all interior nonstructural repairs, replacements and renewals necessary to keep the Premises in as dishwashersgood condition, garbage disposalsorder and repair as the same are at the commencement of the Term reasonable wear and use and damage by fire and other casualty, refrigerators, coffee makers and Insta Hot and similar dispensers)taking by eminent domain only excepted, and the portion keep and maintain all portions of the floor or floors Premises in a clean and orderly condition, free of accumulation of dirt, rubbish, and other debris, it being understood that the Building on which foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Premises are located, in good order, repair and condition at all times condition. From and after the commencement of and during the Lease Term, the Landlord shall make all necessary repairs, replacement and renewals, interior and exterior, structural and nonstructural as Common Expenses as in Paragraph 6 defined, to: keep the Building and all its electrical, mechanical, heating, ventilating and air conditioning, plumbing and other building systems and the parking areas, sprinklers and other improvements on the Property in good condition, order and repair as the same are at the commencement of the Term or thereafter may be put, damage by fire or other casualty only excepted; keep all driveways, walkways, parking areas and other improvements on the Property free of snow and sanded; keep all lawns and landscaped areas of the Property watered, fertilized and neatly trimmed; provide cleaning services and utilities to the common areas of the Building at a quality level similar to first class office buildings in suburban Boston. In additionNotwithstanding, Tenant the Landlord shall, at Tenant’s its own cost and expense, but under and not as a Common Expense make all repairs necessary to keep the supervision structural support elements of the Building in structurally good condition, order and subject repair, damage resulting from any act (not consented to in writing by the prior approval Landlord) and any omissions of Landlordthe Tenant or its agents, contractors and within any employees, from reasonable period of time specified by Landlord, 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 use and from fire or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall other casualty only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 effectexcepted.
Appears in 1 contract
Samples: Navisite Inc
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such 7.01. Except as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, set forth in good order, repair and condition at all times during the Lease Term. In additionSection 7.05, Tenant shall, at Tenant’s own its sole cost and expense, but under the supervision and subject make all repairs to the prior approval demised premises and the fixtures and appurtenances therein, including but not limited to the HVAC system serving the demised premises, including those necessitated by the use, act, omission, occupancy or negligence of LandlordTenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including demised premises, and within any reasonable period to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of time specified the Building or by Landlordinstallation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and adequately repair all damage expense, which repairs, restorations and replacements shall be in quality and class substantially equal to the Premises and replace original work or repair all damaged, broken, installations prior to such damage 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 Landlord’s option, or if injury. If Tenant fails to make such repairs, restoration or replacements within thirty (30) days after written notice thereof from Landlord, same may be made by Landlord may, but need not, make at the expense of Tenant and such repairs expense shall be collectible as additional rent and replacements, and shall be paid by Tenant shall pay Landlord the cost thereof, including within thirty days after rendition of a fifteen percent (15%) supervisory fee forthwith upon being billed xxxx therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the The exterior walls, foundation and roof walls of the Building, the structural portions of any window xxxxx outside the floors windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, and but the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but foregoing shall not be required torelieve Tenant of any obligation to restore, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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, statuterepair, or ordinance now or hereafter replace same in effectaccordance with the immediately preceding paragraph.
Appears in 1 contract
Samples: Lease Agreement (Viant Corp)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease TermSection 9.01. In addition, 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, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except Except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; and except as otherwise provided however, that, at Landlord’s option, or if Tenant fails to make such repairsin Section 9.02, Landlord may, but need not, shall perform all maintenance and make such all repairs and replacements, replacements to the Premises (including the Leasehold Improvements) and the Building to keep same in good working order and condition. Tenant shall pay to Landlord the actual cost thereoffor (a) all maintenance, repairs and replacements within the Premises (including a fifteen percent the Leasehold Improvements), other than (15%i) supervisory fee forthwith upon being billed therefor. Notwithstanding repairs and replacements necessitated by the foregoingwillful misconduct or negligence of Landlord or its agents, Landlord shall be responsible for repairs to the exterior wallsemployees, foundation and roof of the Buildingcontractors, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except invitees or licensees to the extent that the cost thereof is not collectible under Tenant's insurance, or, if Tenant is not carrying all of the insurance described in Section 14.01A, to the extent such cost would not be covered by the insurance described in Section 14.01A if the same were in effect, and (ii) maintenance, repairs are required due and replacements to the Central Building Systems located within the Premises, and (b) all repairs and replacements necessitated by damage to the Project (including the Building structure and the Central Building Systems within the Premises) caused by the negligence or willful misconduct of Tenant; providedTenant or its agents, howevercontractors, that if such repairs are due invitees and licensees but only to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expenseextent the cost thereof is not collectible under Landlord's insurance, or, if Landlord is not carrying all of the insurance described in Section 14.02, to the extent that such cost would not be covered by the insurance described in Section 14.02 if the same were in effect. Amounts payable by Tenant pursuant to this Section 9.01 shall be payable on demand after receipt of an invoice therefor from Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord mayhas no obligation and has made no promise to maintain, but shall not be required toalter, enter the Premises at all reasonable times to make such repairsremodel, alterationsimprove, improvements repair, decorate, or additions to paint the Premises or any part thereof, except as specifically set forth in this Lease. In no event shall Landlord have any obligation to the Project maintain, repair or to replace any equipment located in the Project as Landlord shall desire furniture, furnishings, fixtures or deem necessary 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 personal property 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 effectTenant.
Appears in 1 contract
Samples: Office Lease Agreement (Management Network Group Inc)
Repairs. Landlord shall maintain in good condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Project Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)furnishings therein, and the portion of the floor or floors of the Building on which the Premises are is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of LandlordLandlord for any repairs reasonably expected to cost more than $5,000 or reasonably expected to impact the Building Structure or Building Systems, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not in excess of ten percent (1510%) supervisory fee per annum) 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times (in accordance with the terms of Article 27 below) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. 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. For the avoidance of doubt, if a particular Building System is beyond its useful life such that it is inoperative or otherwise requires ongoing repairs materially in excess of normal and customary maintenance, Landlord shall replace such Building System (regardless of whether such Building System is shared or exclusively serves the Premises and regardless of whether such Building System was modified as part of the Improvements), and the cost of such replacement shall be included in Operating Expenses (to the extent allowed by Article 4 of this Lease) and amortized pursuant to Section 4.2.4(xiii) of this Lease, subject to the BS/BS Exception.
Appears in 1 contract
Samples: Office Lease (Retrophin, Inc.)
Repairs. (a) By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant’s own 's sole cost and expense, keep the Premises, including all improvements, fixtures, furnishings, Premises and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, every part thereof in good ordercondition and repair, repair and condition at all times during the Lease Term. In addition, 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, 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 thereto from causes beyond the reasonable control of Tenant; Tenant and ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of this Lease hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Except as specifically provided howeverin an addendum, thatif any, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoingthis Lease, Landlord shall be responsible for repairs have no obligation whatsoever to alter, remodel, improve, repair, decorate, or paint the exterior walls, foundation Premises or any part thereof and roof the parties hereto affirm that Landlord has made no representations to Tenant respecting this condition of the BuildingPremises or the Building except as specifically herein set forth. (b) Notwithstanding the provision of Article 13(a) hereinabove, the Landlord shall repair and maintain structural portions of the floors Building including the basic plumbing, air conditioning, heating, 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 the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Except as provide in Article 24 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project in or to any fixtures, appurtenances and equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreetherein. 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 right to make repairs at Landlord's expense under any similar law, statute, statute or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Lease Agreement (Sycamore Park Convalescent Hospital)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which within the Premises are locatedor elsewhere exclusively serving the Premises, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, 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 Tenanttear; provided however, that, at Landlord’s option, or that if Tenant fails to make such repairsrepairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent management fee of 5% of such costs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (15%) supervisory fee forthwith upon being billed thereforto the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the BuildingBuilding and Common Areas (to the extent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27 below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and 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 Landlord shall desire or deem necessary 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 releases its right to make repairs at Landlord’s expense 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, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Samples: Sova Science District (Conatus Pharmaceuticals Inc.)
Repairs. Tenant shall, at Tenant(a) Landlord’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment obligation with respect to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent maintenance (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord which shall be responsible for repairs conducted in a first class manner and otherwise comparable to the exterior wallsother first class office buildings similar in size and tenant mix in Washington, foundation and roof D.C.) as part of the Building, Basic Services shall be limited to (i) the structural portions of the floors Building, including the parking garage, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the base building systems roof, (iv) mechanical, electrical, plumbing, HVAC, utility, life safety and equipment security systems, pipes, risers and conduits (except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant exclusively and are not part of the Buildingcore on each floor, and any supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems), (v) all Building standard lavatories, and (vi) Common Areas. Landlord shall not be deemed to have breached any obligation with respect to the condition of any part of the Project unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a reasonable time (but in any event Landlord shall initiate repairs within seven (7) days of the earlier of Landlord’s receipt of such notice or Landlord obtaining actual knowledge of the need for such repair) following the receipt by Landlord of such notice. The foregoing notwithstanding: (i) Landlord shall not be required to repair damage to any of the foregoing to the extent caused by the acts or omissions of Tenant or it agents, employees or contractors, except to the extent that such repairs are required covered by insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be governed by the provisions of Paragraph 9. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Project except to the extent all or a portion of Tenant’s office is inaccessible or unusable or there is an interruption of services for greater than three (3) consecutive business days after the Landlord has knowledge of the interruption of services, and Tenant is unable to conduct its business in the affected portion of the Premises due to the negligence or willful misconduct interruption of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 effectservices.
Appears in 1 contract
Samples: Office Lease (Carlyle Group L.P.)
Repairs. Tenant shallExcept as otherwise provided in Article VII, at except as resulting from Tenant’s own expensenegligence or misuse (to the extent insurance proceeds are not available), keep except as resulting from settling or sagging within standard engineering tolerance (provided that the settling or sagging does not affect the surface or structural integrity of the Building or in any way materially affect the ordinary and customary use of the Premises, or any part thereof by Tenant), or except for damage or deterioration resulting from reasonable wear and damage, Landlord shall maintain the structural integrity of the Building, including all improvementsbut not limited to the roof, fixtures, furnishingsexterior walls, and systems windows and equipment skylights and all Landlord’s Work pursuant to the extent located therein Landlord’s Work Guaranty. Landlord shall also be responsible for (i) all exterior maintenance, repairs and replacements necessary to keep in good condition and working order all Common Areas of the Building and the Park, and the trees, shrubs, plants, landscaping, parking areas (including plumbing the Building Parking Area), driveways and walkways on the Lot or elsewhere in the Park, including but not limited to, all lighting and other fixtures and equipment serving such as dishwashersparking areas, garbage disposalsdriveways and walkways, refrigerators, coffee makers (ii) providing the services and Insta Hot performing the maintenance work set forth in Section 4.2 and similar dispensers)Article VII hereof, and (iii) performing necessary repairs and replacements to maintain the portion watertight integrity of the floor or floors of Building, including but not limited to the Building on which the Premises are locatedroof, in good orderexterior wall, windows and skylights. Landlord shall also maintain, repair and replace all equipment, appliances and utility systems in the Building as of the Term Commencement Date and as the same may be replaced, including, without limitation, the HVAC equipment in the Building, such that it shall be in good operating condition at all times during throughout the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval Landlord shall make all of Landlord, and within any reasonable period of time specified by Landlord, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacementsreplacements necessary to maintain the foregoing in good condition and working order and in compliance with all laws and all costs and expenses under this Section 5.1.3 shall be incurred pursuant to the provisions of Section 4.2, other than if such repairs and/or replacements are necessary due to a breach of Landlord’s Work Guaranty, the costs of which shall be Landlord’s sole responsibility. All other repairs and Tenant maintenance within the Premises, except as specifically otherwise provided for herein, shall pay Landlord be the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed thereforresponsibility of Tenant. Notwithstanding the foregoing, Landlord shall be responsible have no responsibility to install, repair, maintain or replace any security system, the parties expressly agreeing that Landlord shall have no responsibility whatsoever for repairs providing any security to the exterior wallsPremises, foundation and roof Building or Lot. In the event that Tenant gives notice to Landlord of a condition which Tenant believes requires Landlord’s repairs or a condition which, if left uncorrected, will necessitate Landlord’s repair, then, in accordance with the Buildingterms of this Section 5.1.3, the structural portions of the floors of the BuildingLandlord shall respond promptly to investigate such condition, and the base building systems and equipment of the Buildingand, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of TenantLandlord’s obligation hereunder, Landlord shall nevertheless make such repairs at Tenant’s expensecommence promptly to repair same and to diligently complete said repair. Tenant agrees during the Term to provide Landlord notice as soon as reasonably possible of any condition known to Tenant which might require, or, or if covered by left uncorrected will necessitate Landlord’s insurance, repair pursuant to this Section 5.1.3. Tenant shall only be obligated have the right to pay any deductible in connection therewith. require, at reasonable times and with reasonable notice, a representative of Landlord may, but shall not be required to, enter to inspect the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord for repairs which 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 the responsibility 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.Landlord;
Appears in 1 contract
Samples: Non Disturbance and Attornment Agreement (Aspen Technology Inc /De/)
Repairs. Tenant shallwill, at Tenant’s its own expenseexpense and subject to the provisions of Article 8 of this Lease, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and tenantable condition at all times during the Lease Term. In additionTerm of this Lease, and Tenant shallshall promptly and adequately repair all damaged or broken glass (including any glass demising walls and signs thereon), at Tenant’s own expensefixtures and appurtenances, but under the direct supervision and subject to with the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken. If Tenant does not do so, 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 Landlord’s option, or if Tenant fails to make such repairs's election, Landlord may, but not need not, make such repairs or replacements and replacements, the amount paid by Landlord for such repairs and Tenant shall pay Landlord replacements (including Landlord's overhead and profit and the cost thereof, including a fifteen percent (15%of general conditions) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation deemed additional rent reserved under this Lease due and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithpayable forthwith. Landlord may, but shall not be required toso to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for aid conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority. In the event Landlord or its agents or contractors shall elect or be required to make repairs, alterations, improvements or additions to the Premises or to the Project Building or to any equipment located in the Project as Building, Landlord shall desire or deem necessary or as Landlord be allowed to take into and upon the Premises all material that may be required to do make such repairs, alterations, improvements or additions and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages to Tenant's property, business or person, and the rent reserved herein shall in no way abatx xxxle said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any set-off or counterclaim for damages of any kind against Landlord by governmental or quasi-governmental authority or court order or decreereason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, but if Tenant hereby waives desires to have the same done during any other hours Tenant shall pay for all overtime 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 effectadditional expenses resulting therefrom.
Appears in 1 contract
Samples: Winston Furniture Co of Alabama Inc
Repairs. 38. Tenant shall, at Tenant’s own expenseits sole cost, keep and maintain (including replacements if necessary) the PremisesPremises and every part thereof (excepting the exterior structural walls as to load bearing integrity, which Landlord will maintain, and the roof, including but not limited to flashings, rain leaders and downspouts, which Landlord will maintain subject to reimbursement from Tenant pursuant to Paragraph 7(b) hereof) and all improvementsappurtenances including glazing, fixturesvestibules, furnishings, and systems and equipment to the extent located therein any store front (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensersbulkheads), and the portion interior of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of LandlordPremises, and within any reasonable period all equipment and trade fixtures therein (regardless of time specified whether installed or paid for by Landlord, promptly as part of Landlord’s Work or otherwise, and adequately repair further regardless of whether the same shall constitute Landlord’s property pursuant to Paragraph 12 above), including replacements of such equipment and trade fixtures if necessary, in clean, good and sanitary order, condition and repair, and Tenant expressly waives any and all damage rights it might otherwise have under the law to make repairs or replacements at the expense of Landlord. Tenant shall keep its sewers and drains (and use the same only for designated purposes) open and clear and shall keep the sidewalks and Common Areas adjacent to the Premises clean and replace or repair free of all damageddebris. Tenant agrees that it will paint, brokenvarnish, wallpaper, or worn otherwise redecorate or renovate the interior and storefront of the Premises and Tenant’s trade fixtures when necessary to maintain the Premises in a first-class condition. By taking possession of the Premises, Tenant accepts them as being in good and appurtenancessanitary order, except for condition and repair and agrees, on the last day of the Term, or at any sooner termination of this Lease, to surrender the Premises to Landlord with such appurtenances in the same condition as at the Rent Commencement Date, but with reasonable use, wear and tear, or damage by fire, act of God or by the elements excepted; and Tenant also agrees to remove all of its signs and trade fixtures from the Premises, restoring any damage caused by ordinary wear such removal. During the Term of this Lease, Tenant shall keep in force a preventative maintenance contract with a qualified mechanical contractor covering any heating and tear air conditioning equipment which serves the Premises exclusively and shall provide to Landlord, not later than thirty (30) days following the Rent Commencement Date, a copy of such contract. At the expiration or beyond earlier termination of the reasonable control Lease Term Landlord will cause an inspection of the heating and air conditioning equipment in the Premises by Tenant; provided however, that, at Landlord’s optionmechanical contractor, or if Tenant fails does not have a service contract in force, by a contractor of Landlord’s selection, and obtain a cost estimate to make bring such repairsequipment to good working order if defects are noted, and Tenant agrees to pay to Landlord on demand an amount equal to 75% of such total cost estimate, which share shall be deemed to be Tenant’s deferred repair obligation after excepting fair wear and tear. Landlord may, but need notat its election, make such obtain directly the aforesaid preventative maintenance contract and include the cost thereof in Tenant’s share of Common Area Charges, except that the cost of any repairs and replacementsmade pursuant to said contract shall be reimbursed by Tenant to Landlord within thirty (30) days after Landlord’s written demand. Notwithstanding anything to the contrary contained in this Paragraph 38, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall not be responsible for repairs to the exterior walls, foundation and roof performance or cost of maintenance or repair necessitated by the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the gross negligence or willful misconduct of Tenant; providedLandlord or its agents, however, that if such repairs are due to the negligence employees or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 effectcontractors.
Appears in 1 contract
Samples: Retail Lease (Circle Bancorp)
Repairs. Landlord shall maintain in good operating order and keep in good repair and condition the structural portions of the Building, including, without limitation, the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking areas, landscaping, fountains, water falls, exterior Project signage, stairwells, elevator cabs, plazas, art work, sculptures, men’s and women’s washrooms, building mechanical, electrical and telephone closets, and all common and public areas (collectively, “Building Structure”) and the mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors, are not located in the Premises, and/or do not exclusively service the Premises (collectively, the “Building Systems”). Notwithstanding any provision in this Lease to the contrary, Tenant shall be required to pay Landlord directly for the cost of any repair to the Building Structure and/or the Building Systems to the extent required because of Tenant’s use of the Premises for other than the normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). 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, fixturesfixtures and furnishings therein, furnishings, and all systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)therein, and the portion of the floor or floors of the Building on which the Premises are locatedlocated (collectively, the “Maintenance Items”), in good order, repair and condition at all times during the Lease TermTerm (but such obligation shall not extend to the Building Structure and the Building System except pursuant to the BS/BS Exception). Tenant agrees to repair any damage to the Premises, Building or Project caused by or in connection with Tenant’s use thereof, or the use of Tenant’s agents or employees, or the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, furniture, movable partitions or permanent improvements or additions, including repairing the floor and patching and painting the walls where required by Landlord to Landlord’s reasonable satisfaction, all at the Tenant’s sole cost and expense. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any a commercially 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 appurtenancesappurtenances and/or Maintenance Items (but such obligation shall not extend to the Building Structure and the Building System except pursuant to the BS/BS Exception), except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant. In addition, Tenant covenants and agrees that Tenant shall, at Tenant’s sole cost, maintain all Maintenance Items in accordance with specifications set forth in their respective then currently updated operating manuals and shall, upon request from Landlord, provide certifications or other documentation acceptable to Landlord that the such Maintenance Items have been and are being maintained to such operating manual specifications; provided however, that, at Landlord’s option, or if Tenant fails to make such repairsrepairs and/or maintain any Maintenance Items as required herein, Landlord may, but need not, make such repairs and replacementsreplacements or perform such maintenance and/or contract with a service provider to perform such maintenance on a regular basis, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee percentage of the cost thereof 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 or maintenance forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable notice to Tenant to perform maintenance on and make repairs to the Premises as described in the preceding sentence, or to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives the right to make repairs at Landlord’s expense under the provisions of any laws permitting by a tenant at the expense of Landlord to the extent allowed by law, in that Landlord and Tenant have by this Lease made specific provision for such repairs and have defined their respective obligations relating thereto and Tenant expressly 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.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar insta-hot dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. Except as expressly set forth in this Article 7 below, Tenant shall not be required to maintain or repair Building utility systems located in the core areas of the Building, or in other areas of the Building (including, without limitation, the Premises), to the extent such systems are a part of the general Building utility systems and not a part of the improvements in the Premises. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified in writing by Landlord, 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 795344.01/WLA 377082-00004//ejs/ejs -22- 000 X. Xxxxxxxx Xxxxxxxxx [Arrowhead Pharmaceuticals, Inc.] however, that, at Landlord’s option, or that if Tenant fails to make such repairsrepairs within a reasonable period of time following Landlord’s written notice that such repairs are required, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the reasonable and actual cost thereof, including a fifteen percentage of such cost (to be uniformly established for the Building and/or the Project and not to exceed five percent (155%)) supervisory fee forthwith upon being billed thereforsufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements within thirty (30) days following receipt of an itemized invoice for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times upon reasonable prior written notice (except in the case of an emergency, to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree, and Landlord shall use all commercially reasonable efforts during any such entry to minimize any interference with Tenant’s operations in the Premises. Tenant hereby waives and releases 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.
Appears in 1 contract
Repairs. Except for ordinary wear and as otherwise provided in this Lease, Tenant shallshall at all times during the Term hereof, at Tenant’s own its sole expense, keep the Premises, including all improvements, fixtures, furnishings, Leased Premises and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, every part thereof in good order, repair and condition at all times during the Lease Term. In additioncondition, and Tenant shall, shall arrange with Landlord at Tenant’s own expense's sole expense for the prompt repair of all damages to the Leased Premises and the replacement or repair of all damaged or broken glass (including signs thereon), but fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Leased Premises), with materials equal in quality and class to the original materials damaged or broken, all repairs and replacements to be made under the supervision and subject to with the prior written approval of Landlord, and within any reasonable period of time specified using contractors or persons designated by Landlord, . If Tenant does not 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 Landlord’s option, or if Tenant fails to make such repairsarrangements, Landlord may, but need not, make such repairs and replacements, replacements and Tenant shall pay the amount paid by Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord for such repairs and replacements shall be responsible for repairs to the exterior walls, foundation deemed Additional Rent reserved under this Lease due and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithpayable forthwith. Landlord and its designees may, but shall not be required to, enter the Leased Premises at all reasonable times to make such any repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project additions, including, but not limited to, ducts and all other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Property, or as Landlord may be required to do by governmental or quasi-any governmental authority or court order or decree. The cost of all repairs to the Property made necessary as a result of misuse or neglect by 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 lawTenant's employees, statute, invitees or ordinance now or hereafter in effect.agents including a percentage
Appears in 1 contract
Samples: SPR Inc
Repairs. Tenant shallwill, at Tenant’s its own expenseexpense and subject to the provisions of Article 8 of this Lease, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and tenantable condition at all times during the Lease Term. In additionTerm of this Lease, and Tenant shallshall promptly and adequately repair all damages to the Premises (except for reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damaged or broken glass (including any glass demising walls and signs thereon), at Tenant’s own expensefixtures and appurtenances, but under the direct supervision and subject to with the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken. If Tenant does not do so, 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 Landlord’s option, or if Tenant fails to make such repairs's election, Landlord may, but need not, make such repairs or replacements and replacements, the amount paid by Landlord for such repairs and Tenant shall pay Landlord replacements (including landlord's overhead and profit and the cost thereof, including a fifteen percent (15%of general conditions which amount shall not exceed ______) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation deemed additional rent reserved under this Lease due and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithpayable forthwith. Landlord may, but shall not be required toso to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority. In the event Landlord or its agents or contractors shall elect or be required to make repairs, alterations, improvements or additions to the Premises or to the Project Building or to any equipment located in the Project as Building, Landlord shall desire or deem necessary or as Landlord be allowed to take into and upon the Premises all material that may be required to do make such repairs, alterations, improvements or additions and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages to Tenant's property, business or person, and the rent reserved herein shall in no way abatx xxxle said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any set-off or counterclaim for damages of any kind against Landlord by governmental or quasi-governmental authority or court order or decreereason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, but if Tenant hereby waives desires to have the same done during any other hours Tenant shall pay for all overtime 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 effectadditional expenses resulting therefrom.
Appears in 1 contract
Samples: Quaker Fabric Corp /De/
Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the “Building Structure”), and the Base Building mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at TenantXxxxxx’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, furnishings therein in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at TenantXxxxxx’s own expense, but under the supervision and subject to the prior approval of LandlordLandlord (which shall not be unreasonably withheld, conditioned or delayed), and within any reasonable period of time specified by Landlord, 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, Landlord shall have the exclusive right, at LandlordXxxxxxxx’s option, or if Tenant fails but not the obligation, to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay to Landlord the cost thereof, including a fifteen percent (15%) supervisory Landlord’s standard fee forthwith for its involvement with such repairs and replacements, promptly upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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.. FOUR EMBARCADERO CENTER 607152.05/WLA [Nighthawk Radiology Services, LLC] E2621-081/1-8-07/kt/kt -17- [AMLGMN]
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, Except as otherwise provided in Article 11 of this Lease and systems and equipment subject to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion provisions of the floor or floors Article 9 of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In additionthis Lease, Tenant shall, at Tenant’s own its sole cost and expense, but under keep the supervision Premises in good repair and subject tenantable condition during the Term, and Tenant shall promptly arrange with Landlord at Tenant's sole cost and expense for the repair of all damages to the prior approval Premises and for the replacement or repair of Landlordall damaged or broken glass, fixtures, and appurtenances within any reasonable period of time specified by Landlord, promptly and adequately provided, however, that Tenant shall not be required to repair all damage to the Premises and or replace broken or damaged exterior window glass, unless such replacement or repair all damagedis necessitated by the act, brokenfailure to act, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control neglect of Tenant; provided however, thatits servants, at Landlord’s optionemployees, agents, invitees, or if guests. If Tenant fails to does not promptly make such repairsarrangements, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay the costs paid or incurred by Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord for such repairs and replacements shall be responsible for repairs to the exterior walls, foundation deemed additional rent reserved under this Lease due and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithpayable forthwith. Landlord may, but shall not be required toso to do, enter the Premises at all reasonable times to make such any repairs, alterations, improvements improvements, or additions to the Premises or to the Project or to any equipment located in the Project additions, including, but not limited to, ducts and all other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Building, or as Landlord may be required to do by governmental or quasi-any governmental authority or court by the order or decreedecree of any court or by any other proper authority. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of In the California Civil Code event Landlord or under any similar lawits agents or contractors shall elect or be required to make repairs, statutealterations, improvements, or ordinance now additions to the Premises or hereafter the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements, or additions and, during the continuance of any of said work, to temporarily close doors, entryways, public space, and corridors in effectthe Building and to interrupt or temporarily suspend any services and facilities without being deemed or held guilty of an eviction of Tenant or liable for damages to Tenant's property, business, or person, and the rent reserved herein shall in no way abate while said repairs, alteratixxx, improvements, or additions are being made, and Tenant shall not be entitled to maintain any setoff or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, at its option, make all such repairs, alterations, improvements, or additions in and about the Building and the Premises during ordinary business hours, but if Tenant desires to have the same done at any other time, Tenant shall pay for all overtime and additional expenses resulting therefrom.
Appears in 1 contract
Samples: Office Lease (Charys Holding Co Inc)
Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order the structural portions of the Building (including, the structural portions of the Third Floor Balconies), including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the “Building Structure”), and the base building mechanical, electrical, life safety, plumbing, sprinkler and HVAC facilities installed or furnished by Landlord (but specifically excluding therefrom any HVAC facilities which exclusively serve the Premises which shall be the sole responsibility of Tenant) (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of (i) Tenant’s use of the Premises in violation of this Lease, (ii) any Alterations constructed by or for Tenant’s benefit or (iii) subject to Article 11, due to damage caused by Tenant. 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, fixturesfixtures and furnishings therein, furnishings, and all systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on any HVAC facilities which exclusively serve the Premises are located(collectively, the “Maintenance Items”), in good order, repair and condition at all times during the Lease Term. Tenant shall be permitted access to the roof of the Building in order to repair and maintain the existing HVAC facilities exclusively serving the Premises, provided that Tenant shall be solely responsible for any damage caused to the roof in connection therewith. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval and satisfaction 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 Premises, Building or Project caused by or in connection with Tenant’s use thereof, the use of Tenant’s agents or employees, or the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, furniture, movable partitions or permanent improvements or additions, including repairing the floor and patching and painting the walls where required by Landlord to Landlord’s reasonable satisfaction and to replace or repair all damaged, broken, or worn fixtures and appurtenancesappurtenances and/or Maintenance Items, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant or damage resulting from casualty, which shall be governed by Article 11 of this Lease. In addition, Tenant covenants and agrees that Tenant shall, at Tenant’s sole cost, maintain all Maintenance Items in accordance with specifications set forth in their respective then currently updated operating manuals and shall, upon request from Landlord, provide certifications or other documentation acceptable to Landlord that the such Maintenance Items have been and are being maintained to such operating manual specifications; provided however, that, at Landlord’s option, or if Tenant fails to make such repairsrepairs and/or maintain any Maintenance Items as required herein, beyond the expiration of any applicable notice and cure periods expressly set forth in this Lease, Landlord maymay (subject to Article 27), but need not, make such repairs and replacementsexercise its rights in accordance with Article 26, below, and Tenant shall pay Landlord a percentage of the cost thereofthereof sufficient to reimburse Landlord for all overhead, including general conditions, fees and other costs or expenses in connection therewith (in addition to Tenant’s reimbursement obligation under Section 26.1). Tenant hereby waives the right to make repairs at Landlord’s expense under the provisions of any laws permitting repairs by a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding tenant at the foregoing, expense of Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent allowed by law, in that Landlord and Tenant have by this Lease made specific provision for such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, and have defined their respective obligations relating thereto and Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby expressly 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.
Appears in 1 contract
Samples: Office Lease (TrueCar, Inc.)
Repairs. Subject to the terms of Section 11 hereof, Tenant shallwill, at Tenant’s Xxxxxx's own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused under the supervision and subject to the approval of the Landlord, and within any reasonable period of time specified by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if . If Tenant fails to make such repairsdoes not do so, Landlord may, upon prior reasonable notice (except no notice shall be necessary in an emergency) but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage (15not to exceed 10%) supervisory fee of the costs thereof 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing Tenant's supplemental HVAC system within the Premises. The maintenance contractor and the contract shall be approved by Landlord, which approval shall not unreasonably be withheld. The service contract must include services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of the Area A Commencement Date. Landlord shall, at Landlord's expense (subject to inclusion of such expenses in Operating Expenses to the extent permitted by Section 3 hereof), keep in good order, repair and condition consistent with a Class "A" office building in downtown Chicago and maintain in compliance with all applicable laws at all times during the Term, all structural elements of the Building, including floor and ceiling slabs, the exterior walls and windows, the roof, common Building mechanical, plumbing, electrical and HVAC systems, the elevators, the washrooms, the lobby of the Building and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 other common areas of the California Civil Code Building to the extent such systems or under any similar law, statute, common areas service or ordinance now or hereafter in effectare of benefit to the Premises.
Appears in 1 contract
Samples: Lease (Tenfold Corp /Ut)
Repairs. Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including Article 8 hereof, keep the Premises, including and all improvements, fixtures, furnishings, equipment and systems and equipment to the extent located furnishings therein (including plumbing fixtures the heating, ventilation and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers air conditioning facilities and Insta Hot and similar dispensersequipment), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. Tenant hereby acknowledges that Landlord shall not provide janitorial services to the Premises and that Tenant shall, at its sole cost and expense, cause janitorial services to be supplied to the Premises at all times during the Lease Term in order that the Premises shall be maintained in a clean, neat and orderly condition reasonably satisfactory to Landlord. In addition, Tenant shall, at Tenant’s 's own expense, 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 Article 8 hereof, promptly and adequately repair all damage to the Premises and arid replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at al Landlord’s 's option, or if Tenant fails falls to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Project) supervisory fee 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, . but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary 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 releases its right to make repairs at Landlord's expense under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code Code, or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Place Lease (Mossimo Inc)
Repairs. Tenant shallSubject to Section 11, Tenant, at Tenant’s own its expense, keep shall perform all maintenance and repairs (including replacements) to the Premises, and keep the Premises in as good condition and repair as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, except for reasonable wear and tear and repairs that are Landlord’s express responsibility hereunder. Tenant’s maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including all improvementsany Tenant Improvements, fixtures, furnishingsany Alterations (defined in Section 7.2), and systems any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and equipment to the extent located therein air conditioning units, kitchens (including plumbing fixtures and equipment such as hot water heaters, dishwashers, garbage disposals, refrigeratorsinsta-hot dispensers, coffee makers and Insta Hot plumbing) and similar dispensers)facilities exclusively serving Tenant, whether located inside or outside of the Premises, and the portion of the floor whenever and by whomever installed or floors of the Building on which the Premises are located, paid for; and (c) all Lines (defined in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed thereforSection 23). Notwithstanding the foregoing, Landlord may, at its option, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall be responsible for pay Landlord, upon demand, the cost of such work plus a coordination fee equal to five percent (5%) of such cost. Landlord shall perform all maintenance and repairs to (i) the roof and exterior walls, foundation walls and roof windows of the Building, (ii) the Base Building, and (iii) the Common Areas. As used herein, “Base Building” means the structural portions of the floors Building, together with all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the Building in general, whether located inside or outside of the Premises. In addition to the foregoing, Landlord shall at all times maintain the Building in a manner consistent with Comparable Buildings and in compliance with applicable Laws. Landlord shall perform its maintenance and repair obligations in a manner that is reasonably designed to minimize disruption of the operation of the businesses of Tenant and the other tenants of the Building, and ; provided that the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but foregoing shall not be required to, enter the Premises at all reasonable times construed to make such repairs, alterations, improvements require Landlord to perform work before or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 after normal business hours unless that nature of the California Civil Code work is such that commonly accepted practice in Comparable Buildings would be to perform such work before or under any similar law, statute, or ordinance now or hereafter in effectafter normal business hours.
Appears in 1 contract
Repairs. 11.1 Tenant shall, at Tenant’s own expense, shall have the responsibility to keep and maintain the Premises, including all improvements, fixtures, furnishings, Leased Premises in a good and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion complete state of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during except for ordinary wear and tear resulting from Tenant's use and occupancy and except as otherwise provided in this Lease. Notwithstanding the Lease Termforegoing sentence to the contrary, Landlord shall be responsible at its sole cost and expense (unless such maintenance and/or repair is caused by Tenant's negligent acts) for maintenance and repair of the structural portions including without limitation footings, foundations, floor slab, structural walls, columns and beams and all roof areas of the Building including without limitation the roof membrane. Landlord shall also keep in good working order and repair the Building's systems including without limitation electrical system and plumbing systems to the point that they enter the Leased Premises, and common areas including access ways, drive ways, parking areas located on the Property. Except as otherwise provided herein, Tenant shall maintain the Leased Premises and be responsible for all repairs and replacements of every kind and character, to any plumbing fixtures, lamps and ballasts, and any hardware items necessary to preserve and maintain the Leased Premises and its appurtenances (excluding those areas for which Landlord is responsible as provided herein). In addition, Tenant shallshall replace in the Leased Premises all glass, at including plate glass, damaged or destroyed by any actions of Tenant over the Term of this Lease. All the foregoing repairs and replacements whether performed by Landlord or Tenant’s own expense, including Landlord's Work, shall (a) be performed in a good and workmanlike manner, (b) the of first-class quality, (c) not diminish the overall value of the Leased Premises, and (d) be subject to Landlord's prior written approval (except in cases of emergency), such approval not to be unreasonably delayed, conditioned, or withheld. All repairs and replacements and other property attached to or used in connection with the Leased Premises by or on behalf of Tenant (other than removable trade fixtures, furniture and equipment and those items listed on Exhibit F attached; hereto and made a part hereof (collectively, "Tenant's Personal Property.") shall become the property of Landlord without payment on the termination of this Lease. Landlord represents and warrants that all non-structural elements and the interior of the Premises, together with all electrical, plumbing and other mechanical installations therein, including, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required limited to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any heating and air conditioning equipment located are in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court good 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 effectrepair.
Appears in 1 contract
Samples: Lease Agreement (Suntek Corp)
Repairs. Tenant shallExcept as otherwise provided in Article 7, at Tenant’s own expenseLandlord shall maintain, repair and replace the structural elements of the Building, including, without limitation, the roof, structural walls (if any), ceiling slabs (if any), floors, footings and foundation (collectively, the “Structural Elements”) as necessary to keep such elements in good condition and repair. Landlord shall also be responsible for (or shall cause such appropriate party in connection with Park areas beyond the PremisesLot to be responsible for) (i) all exterior maintenance, repairs and replacements necessary to keep in good condition and working order all common areas of the Park, and the trees, shrubs, plants, landscaping, parking areas, driveways and walkways on the Lot or elsewhere in the Park, including but not limited to, all improvementslighting and other fixtures and equipment serving such parking areas, fixturesdriveways and walkways, furnishings(ii) providing the services and performing the maintenance work set forth in Section 4.2 and Article 7 hereof, and systems in Exhibit “D” attached hereto, and (iii) performing necessary repairs and replacements to maintain the watertight integrity of the Building, including but not limited to the roof, exterior wall, windows and skylights. Landlord shall also maintain, repair and replace the HVAC, life/safety, plumbing, electrical and mechanical equipment in the Building, such that it shall be in good operating condition throughout the Term. Landlord shall make all of such repairs and replacements necessary to maintain the foregoing in good working order comparable other first class buildings in the Boston northwest suburban area and in compliance with all laws and this Lease and all costs and expenses under this Section 5.1.3 shall constitute Landlord’s Operating Costs to the extent located included therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject pursuant to the prior approval provisions of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenancesSection 4.2, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, that Landlord shall be responsible for repairs at its sole cost and expense without pass-through to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, Tenant (except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to caused by the negligence or willful misconduct of Tenant, Landlord in which case the same shall nevertheless make such repairs be at Tenant’s cost and expense, orsubject to Section 10.13), to repair, maintain and replace throughout the Term the Structural Elements (other than the roof membrane, for which the costs of repair, maintenance and replacement may be included in Landlord’s Operating Costs to the extent permitted under Section 4.2). All other routine and ordinary repairs and maintenance reasonably required within the Premises, except as specifically otherwise provided for herein, shall be the responsibility of Tenant. In the event that Tenant gives notice to Landlord of a condition which Tenant believes requires Landlord’s repairs or a condition which, if covered by left uncorrected, will necessitate Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but repair (provided that Landlord’s repair and maintenance obligations shall not be required tosubject to receipt of notice from Tenant thereof), enter then, in accordance with the terms of this Section 5.1.3, Landlord shall respond promptly to investigate such condition, and, if such repairs are Landlord’s obligation hereunder, Landlord shall commence promptly to repair same and to diligently complete said repair. Tenant agrees during the Term to provide Landlord notice as soon as reasonably possible of any condition within the Premises, of which Tenant has actual knowledge, which might require, or if left uncorrected will necessitate, Landlord’s repair pursuant to this Section 5.1.3. Tenant shall have the right to require, at reasonable times and with reasonable advance notice, a representative of Landlord to inspect the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord for repairs which 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 the responsibility 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 effectLandlord.
Appears in 1 contract
Repairs. Landlord shall maintain in good condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems, roof membrane and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Project Common Areas. Subject to the terms of Article 11, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's negligence or willful misconduct, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)furnishings therein, and the portion of the floor or floors of the Building on which the Premises are is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s '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, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not in excess of five percent (155%)) supervisory fee 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times in accordance with the terms of Article 27 below to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by xxxx governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. 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.
Appears in 1 contract
Samples: Agreement for Assignment and Assumption of Lease (Halozyme Therapeutics, Inc.)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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, Landlord shall have the exclusive right, at Landlord’s option, or if Tenant fails but not the obligation, to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay to Landlord the cost thereof, including a fifteen percent (15%) supervisory Landlord’s standard fee forthwith for its involvement with such repairs and replacements, promptly upon being billed thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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.
Appears in 1 contract
Samples: Office Lease (Tercica Inc)
Repairs. 7.1 Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, window coverings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are locatedfurnishings therein, in good order, repair and condition at all times during the Lease Term. Tenant shall, at its own expense, provide janitorial services for the Premises. In addition, Tenant shall, at Tenant’s own expense, expense but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building) supervisory fee 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 thereforfor same. Notwithstanding Once Tenant is leasing the foregoingentire Premises and is the sole Tenant in the Building, Tenant shall pay, at Tenant’s sole cost and expense, the entire cost of maintaining and repairing the HVAC system serving the Premises. Tenant shall continuously maintain, at Tenant’s sole cost and expense, maintenance contracts for such HVAC system, using maintenance contract forms and with companies reasonably approved by Landlord. Tenant shall provide copies of such contracts when they are entered into, and within fifteen (15) days after such contracts are modified or renewed, and at other times upon Landlord’s request. Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the BuildingBuilding (including without limitation, the HVAC system, except for Tenant’s HVAC obligations as set forth above), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary 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 ; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or under any similar law, statuteadditions required by governmental or quasi-governmental authorities or court order or decree, or ordinance now (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or hereafter in effectaccess to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises.
Appears in 1 contract
Samples: Lease (Athira Pharma, Inc.)
Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the "Building Structure"), and the Base Building mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the "Building Systems"). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant's use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)furnishings therein, and the portion of the floor or floors of the Building on which the Premises are is located, in good order, repair and condition at all times during the Lease Term; provided that if Landlord fails to deliver possession of the Phase 1 Premises to Tenant on the Lease Commencement Date, Tenant shall have no repair or maintenance obligations with respect to the Phase 1 Premises until such delivery occurs. In addition, Tenant shall, at Tenant’s '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, 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 Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within ten (10) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to keeping in good condition the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times times, following reasonable advance 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 Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. 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.
Appears in 1 contract
Repairs. Tenant shall, at TenantTxxxxx’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are locatedfurnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at TenantTxxxxx’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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to commence repair within five (5) days thereafter and to diligently pursue the same to completion (except in the event of an emergency, when no notice shall be required) but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 within thirty (30) days after being billed thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, CHINA BASIN LANDING foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, and the Common Areas, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs repairs, but at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs to the Premises or repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem reasonably necessary 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.
Appears in 1 contract
Samples: Office Lease (LoopNet, Inc.)
Repairs. Tenant shall, at Tenant9. At Landlord’s own sole cost and expense, keep the PremisesLandlord agrees to make all necessary repairs or replacements, including all improvementsas necessary, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures roof, foundation and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the all structural portions of the floors elements of the Building, and all other repairs and replacements relating to the base items that are specifically excluded from Operating Costs under Section 5(a) hereof (specifically excluding repairs or replacements of the HVAC units that where installed to provide additional cooling, specifically, for Tenant’s servers and related hardware, which shall be Tenant’s responsibility). Notwithstanding anything herein to the contrary, in the event that the HVAC units servicing the building generally (which are the obligation of Tenant to repair and maintain) fail to function properly, Tenant shall engage a licensed, reputable HVAC contractor to determine the reason the for such failure, and to undertake the repair of the HVAC unit(s) as determined by such contractor. If such contractor provides Tenant with a written opinion that such HVAC unit(s) is not repairable and must be replaced, Tenant shall provide Landlord with a copy of such opinion including the recommendation that such HVAC unit(s) be replaced. Within ten (10) business days of Landlord’s receipt of such written opinion, Landlord shall have the right to engage a reputable HVAC contractor to inspect such HVAC unit(s); if Landlord’s contractor believes that the HVAC unit(s) can be repaired, then Landlord will approve such repairs and have the invoice for such repairs sent to Tenant and Tenant shall, at its sole cost and expense, pay such invoice directly to the contractor. If Landlord’s contractor agrees that such HVAC unit(s) must be replaced, Landlord shall purchase and install, or arrange for installation of, a replacement unit as determined in Landlord’s sole discretion. Tenant agrees that it will make, at its own cost and expense, all repairs, maintenance, and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior and exterior doors, door frames, windows, plate glass, plumbing, electrical, mechanical, security and alarm systems servicing the Premises, heating and/or air conditioning systems and equipment units servicing the Premises generally (excluding the replacement thereof), and the HVAC units that where installed by Tenant or at its direction to provide additional cooling, specifically, for Tenant’s servers and related hardware. Tenant agrees to do all redecorating, remodeling, alterations, and painting required by it during the term of the BuildingLease at its own cost and expense, except to pay for any repairs to the extent that such repairs are required due to Real Estate, Premises or the Building made necessary by any negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall nevertheless make such be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord mayTenant, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions other tenants to the Premises or to Building. At the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord sole discretion of Landlord, Tenant may be required to do by governmental or quasi-governmental authority or court order or decreeinstall a meter to measure such water consumption. 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.CONDITION OF PREMISES
Appears in 1 contract
Repairs. Tenant shallSubject to Section 11, Tenant, at Tenant’s own its expense, keep shall perform all maintenance and repairs (including replacements) to the Premises, and keep the Premises in as good condition and repair as existed when Tenant took possession and as thereafter improved by Landlord and/or Tenant, except for reasonable wear and tear and repairs that are Landlord’s express responsibility hereunder. Tenant’s maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including all improvementsany Tenant Improvements, fixtures, furnishingsany Alterations (defined in Section 7.2), and systems any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and equipment to the extent located therein air conditioning units, kitchens (including plumbing fixtures and equipment such as hot water heaters, dishwashers, garbage disposals, refrigeratorsinsta-hot dispensers, coffee makers and Insta Hot plumbing) and similar dispensers)facilities exclusively serving the Premises, whether located inside or outside of the Premises, and the portion of the floor whenever and by whomever installed or floors of the Building on which the Premises are located, paid for; and (c) all Lines (defined in good order, repair Section 23) and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefortrade fixtures. Notwithstanding the foregoing, Landlord may, at its option, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall be responsible for pay Landlord, upon demand, the cost of such work plus a coordination fee equal to 10% of such cost. Landlord shall perform all maintenance and repairs to (i) the roof and exterior walls, foundation walls and roof windows of the Building, (ii) the Base Building, and (iii) the Common Areas. As used herein, “Base Building” means the structural portions of the floors Building, together with all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the Building in general, whether located inside or outside of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 effectPremises.
Appears in 1 contract
Samples: Confidential Treatment (Navidea Biopharmaceuticals, Inc.)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, “Building Structure”) and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, 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, 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 provided, however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) business days thereafter, but need not, make such any repairs and replacements, and Tenant shall pay Landlord the cost out-of-pocket costs thereof, including a fifteen plus ten percent (1510%) supervisory fee of such out-of-pocket costs thereof 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 thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs Subject to the exterior wallsterms of Article 27 below, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be allowed to do under this Lease or required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for emergencies, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises. 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.. ARTICLE 8
Appears in 1 contract
Samples: Office Lease (Okta, Inc.)
Repairs. 7.01. Tenant shall, at Tenant’s own its sole cost and expense, keep make such repairs to the demised premises and the fixtures and appurtenances therein as are necessitated by the use, act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the Building or Premises, including all improvementsdemised premises, and to its fixtures, furnishings, and systems appurtenances and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor caused by Tenant moving property in or floors out of the Building on which the Premises are locatedor by installation or removal by Tenant of furniture, in good orderfixtures or other property, repair shall be repaired, restored or replaced promptly by Tenant at its sole cost and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision which repairs, restorations and subject replacements shall be in quality and class equal to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace original work 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 Landlord’s option, or if installations. If Tenant fails to make such repairs, Landlord may, but need not, make such repairs and restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant shall pay Landlord the cost thereof, including within ten days after rendition of a fifteen percent (15%) supervisory fee forthwith upon being billed xxxx therefor. Notwithstanding the foregoingSubject to Tenant's obligations set forth above, Landlord shall be responsible for repairs to maintain and repair the exterior wallsof the Building and public portions of the Building, foundation all structural elements of the Building, air-conditioning cooling towers on the roof, and roof all building systems serving the demised premises, including pipes, lines and the like located outside of the demised premises. Landlord shall have no obligation with respect to any items included in Tenant's Extra Work, or constructed or installed in the demised premises by Tenant, or located in the demised premises, or exclusively serving the demised premises. The exterior walls of the Building, the structural portions of any window xxxxx outside the floors windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building, and but the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but foregoing shall not be required torelieve Tenant of any obligation to restore, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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, statuterepair, or ordinance now or hereafter replace same in effectaccordance with the immediately preceding paragraph.
Appears in 1 contract
Samples: Sublease Agreement (Idealab)
Repairs. Landlord shall maintain and repair the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking garage, stairwells, elevator cabs, plazas, art work, sculptures, washrooms, and all common and public areas (the "BUILDING STRUCTURES"), and the mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which are not part of Tenant's improvements or were not originally constructed by or for the benefit of Tenant or another tenant (the "BUILDING SYSTEMS"). Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s '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, 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 Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the reasonable cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times and following reasonable 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 Landlord shall desire or deem necessary 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. Any repair work by Landlord pursuant to the terms of this Article 7 shall be conducted in a commercially reasonable manner so as to minimize disruption to the business of Tenant in the Premises.
Appears in 1 contract
Samples: Office Lease (Gadzoox Networks Inc)
Repairs. a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair (subject to Tenant's rights set forth in Section 32(d)). Tenant shall, at Tenant’s own 's sole cost and expense, keep the interior of Premises and every part thereof in good condition and repair, except for: (i) any structural maintenance, repair or replacement; (ii) any portion of any system (eg. HVAC) serving any premises in addition to or other than the Premises, including all improvements, fixtures, furnishings, and systems and equipment ; (iii) any portion of any system located within exterior walls or slabs (except to the extent located therein that such systems were installed by Tenant); (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, promptly and adequately repair all iv) 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 thereto from causes beyond the reasonable control of Tenant; (v) damages from any casualty which Landlord is required to insure against or which Landlord does insure against; (vi) ordinary wear and tear; and (vii) any janitorial or pest control services which Landlord is obligated to provide. Tenant shall, upon the expiration or sooner termination of this Lease hereof, surrender the Premises which Tenant is obligated to maintain and repair, to the Landlord in good condition, except for: (i) any janitorial or pest control services which Landlord is obligated to provide; (ii) ordinary wear and tear; (iii) damage from causes beyond the reasonable control of Tenant; and (iv) damages from any casualty which Landlord is required to insure against or which Landlord does insure against excepted. Except as specifically provided howeverin an addendum, thatif any, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoingthis Lease, Landlord shall be responsible for repairs have no obligation whatsoever to alter, remodel, improve, decorate or paint the exterior walls, foundation and roof of the Building, the structural portions of the floors of the BuildingPremises or any part thereof, and the base building systems and equipment parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project Building except as Landlord shall desire or deem necessary 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 effectspecifically herein set forth.
Appears in 1 contract
Samples: New Frontier Media Inc
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which within the Premises are locatedor elsewhere exclusively serving the Premises, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlordtime, 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 Tenanttear; provided however, that, at Landlord’s option, or that if Tenant fails to make such repairsrepairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent management fee of 5% of such costs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (15%) supervisory fee forthwith upon being billed thereforto the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the BuildingBuilding and Common Areas (to the extent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and 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 Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall comply with all reasonable and nondiscriminatory requirements of Tenant when accessing the Premises provided such requirements are intended, in good faith, for the purpose of protecting Tenant’s work, proprietary information and any other sensitive matter pertaining to Tenant’s Permitted Use. Tenant hereby waives any and all rights releases its right to make repairs at Landlord’s expense 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, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling exclusively serving the Premises from the Building’s network cabling.
Appears in 1 contract
Samples: Lease (Organovo Holdings, Inc.)
Repairs. Tenant shall(a) Except as otherwise expressly provided in this Lease, at Tenant’s own expenseLandlord shall have no obligation to alter, keep remodel, improve, repair, renovate, redecorate or paint all or any part of the Premises. Landlord shall repair, including all improvementsmaintain and replace as necessary, fixtures, furnishings, and systems and equipment as part of Operating Expenses to the extent located therein provided in Section 7 hereof, (including plumbing fixtures i) the foundation and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors structural elements of the Building on which (including structural load bearing walls and roof structure), (ii) the Premises are locatedBuilding’s and Project’s Common Areas, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject (iii) to the prior approval of Landlord, and within any reasonable period of time specified extent installed by Landlord, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems Building mechanical, utility lines, connections and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenantmeters (but expressly excluding any tenant sub-meters); provided, however, that if such repairs are due to the negligence extent such maintenance, repairs or willful misconduct replacements are required as a result of any act, neglect, fault or omission of Tenant or any of Tenant’s agents, Landlord shall nevertheless make such repairs at contractors, employees, invitees, licensees, tenants or assigns (the “Tenant’s expense, or, if covered by LandlordParties”) or because of Tenant’s insurancespecific use of or Alterations to the Premises, Tenant shall only be obligated pay to pay any deductible in connection therewithLandlord, as Additional Rental, the costs of such maintenance, repairs and replacements. Landlord mayshall not be liable for any failure to make any such repairs, but or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. 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 Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein. Landlord shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, any repairs or improvements or additions to the Premises or to the Project or to any equipment located in the Project other than as Landlord shall desire or deem necessary or as Landlord may be expressly 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 effectthis Lease.
Appears in 1 contract
Samples: Lease (Lifelock, Inc.)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, exterior walls, roof structure (as opposed to the roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, underground utilities, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, the “Building Structure”) and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent any damage thereto is caused due to Tenant’s use of the Premises for other than a normal and customary implementation of its Permitted Use, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of LandlordLandlord (which approval shall not be unreasonably withheld or conditioned), and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except for damage caused by ordinary wear and tear or beyond pursuant to the reasonable control of TenantBS/BS Exception; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter (unless more than five (5) days is required to effectuate such repair, in which case Tenant shall have the time reasonably required to complete the repair, so long as Tenant commences the repair during the five (5) day period and diligently completes such repair), but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percentage of the cost thereof (to be uniformly established for the Building and/or the Project, but not to exceed five percent (155%) supervisory fee of the cost of such work) 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 thereforfor same. Notwithstanding that pursuant to the foregoingBS/BS Exception, Landlord shall Tenant may be responsible for certain repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of TenantBase Building and/or Building Systems, Landlord shall nevertheless make such repairs at Tenant’s expense; provided, orhowever, if to the extent the same are covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. 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.
Appears in 1 contract
Samples: Office Lease (SERVICE-NOW.COM)
Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order and in a manner reasonably commensurate with the maintenance standards of owners of Comparable Buildings, the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the “Building Structure”), and the Base Building mechanical, electrical, life safety, plumbing and sprinkler systems installed or furnished by Landlord (collectively, the “Building Systems”). If such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Subject to Landlord’s obligations set forth above, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar insta-hot dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, so long as the same is required of all other building occupants (including, without limitation, Zynga Inc.), Tenant shall, at Tenant’s own expense, but under the supervision and subject to the reasonable prior approval of Landlord, and within any reasonable period of time specified by Landlord, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee forthwith upon being billed thereforsufficient to reimburse Landlord for all reasonable overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements within thirty (30) days following Landlord’s delivery of an invoice for such cost. Notwithstanding the foregoing, Landlord shall be responsible for repairs Subject to the exterior wallsprovisions of Section 19.5.2 and Article 27, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. To the extent reasonably practical, Landlord shall use commercially reasonable efforts to complete any repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives and releases 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.
Appears in 1 contract
Samples: Office Lease (Airbnb, Inc.)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. 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, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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 Landlord's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay 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 to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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.
Appears in 1 contract
Repairs. 13.01 Tenant shall, at Tenant’s own expenseits sole cost, keep and maintain the Leased Premises and appurtenances and every part thereof (excepting foundations, exterior walls, exterior glass and frames (to extent installed by Landlord) and structural elements including roofs which Landlord agrees to repair) including by way of illustration and not by way of limitation all windows, doors, any store front and the interior of the Leased Premises, including all improvementsplumbing, fixturesheating, furnishingsair conditioning, sewer, electrical systems and all fixtures and all other similar equipment serving the Leased Premises in good and sanitary order, condition, and systems repair, reasonable wear and equipment tear and fire and casualty excepted. Tenant shall be responsible for all pest control within the Leased Premises, including, but not limited to the extent located therein (including plumbing eradication of any ants or termites should infestation be observed during the term of the Lease. Tenant shall, at its sole cost, keep and maintain all utilities, fixtures and mechanical equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, used by Tenant in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlordcondition, and within any repair, reasonable period of time specified by Landlord, 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 and fire and casualty excepted. All windows shall be washed and cleaned as often as necessary to keep them clean and free from smudges and stains. In the reasonable control of Tenant; provided however, that, at Landlord’s option, or if event Tenant fails to make maintain the Leased Premises as required herein or fails to commence repairs (requested by Landlord in writing) within thirty (30) days after such request, or fails diligently to proceed thereafter to complete such repairs, Landlord mayshall have the right in order to preserve the Leased Premises or portion thereof, but need notand/or the appearance thereof, to make such repairs or have a contractor make such repairs and replacements, and charge Tenant shall pay Landlord for the cost thereofthereof as additional rent, including a fifteen together with interest at the rate of twelve percent (1512%) supervisory fee forthwith upon being billed therefor. Notwithstanding per annum from the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof date of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that making such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 effectpayments.
Appears in 1 contract
Repairs. Landlord shall maintain in good condition and operating order and keep in good repair and condition, in a manner commensurate with the Comparable Buildings and in a clean, safe and neat condition, the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Project Common Areas. The term “Building Systems”, for the avoidance of doubt, shall expressly exclude any heat pumps and variable air volume (“VAV”) boxes on any floor of the Premises (including, without limitation, any heat pumps and VAV boxes existing on any floor of the Premises as of the Effective Date). Notwithstanding anything in this Lease to the contrary, Tenant shall be liable for the reasonable, actual, out-of-pocket costs and expenses incurred by Landlord to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)furnishings therein, and the portion of the floor or floors of the Building on which the Premises are is located, in good order, repair and condition a manner consistent with first class office standards in the market in which the Project is located at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject such obligation shall not extend to the prior approval of Landlord, Building Structure and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage the Building Systems except pursuant 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 BS/BS Exception as applicable to the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Premises. If Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within ten (10) business days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the reasonable and actual cost thereof, including thereof (plus a fifteen five percent (155%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof administrative fee) within thirty (30) days after Tenant's receipt of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithan invoice therefor together with reasonable supporting evidence. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall enter the Premises pursuant to Article 27 of this Lease and shall otherwise use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. 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 effectLaw.
Appears in 1 contract
Samples: Office Lease (Okta, Inc.)
Repairs. 7.01 Tenant shall, shall take good care of the demised premises and the fixtures and appurtenances therein and at its sole cost and expense make all repairs thereto as and when needed to preserve the same in good working order and condition. With respect to the Building systems serving the demised premises Tenant shall be responsible for (i) repair and maintenance of Tenant’s own expenseinternal air-distribution system to the point at which the same connects to the main distribution duct for the demised premises, keep (ii) repair and maintenance of the Premises, including all improvements, fixtures, furnishingsinternal electrical system to the panel box serving the demised premises, and systems (iii) repair and equipment to the extent located therein (including maintenance of all plumbing fixtures and equipment lines in and serving the demised premises to the point at which the same join the main vertical risers of the Building. All such as dishwashers, garbage disposals, refrigerators, coffee makers repairs and Insta Hot maintenance with respect to such Building system shall be performed by Landlord or by a contractor selected and similar dispensers), approved by Landlord and the portion cost shall be payable by Tenant as additional rent within twenty (20) days after rendition by Landlord of any xxxx(s) pertaining thereto. Notwithstanding the floor or floors foregoing to the contrary, Tenant shall not be obligated to make any repairs to the structural elements of the Building on which including the Premises are locateddemised premises unless the need for same shall have arisen from any act or omission of (including without limitation any alteration by or for) Tenant or its agents, contractors, employees or representatives. Except as otherwise provided in good orderSection 9.05 hereof, repair all damage or injury to the demised premises and condition to its fixtures, appurtenances and equipment shall be repaired, restored or replaced promptly by Tenant at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own its sole cost and expense, but under the supervision which repairs, restorations and subject replacements shall be in quality and class equal to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace original work 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 Landlord’s option, or if installations. If Tenant fails to make such repairs, Landlord may, but need not, make such repairs and restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant shall pay Landlord the cost thereof, including within 15 days after rendition of a fifteen percent (15%) supervisory fee forthwith upon being billed xxxx therefor. Notwithstanding Except to the foregoingextent the same are the responsibility of Tenant under this Article 7 or any other provision of this Lease, Landlord shall be responsible keep, repair and maintain in working order and condition (in accordance with the standards for repairs first class office buildings in the same general area of Manhattan) the following items to the exterior wallsextent that such items affect Tenant’s use and enjoyment of the demised premises or the public areas of the Building: (a) the structural and public portions of the Building (including the structural elements within the demised premises), foundation and (b) the roof of the Building, (c) the structural portions systems of the floors of Building serving the Buildingdemised premises (including, without limitation, electrical, heating, air-conditioning and the base building systems and equipment of the Buildingplumbing systems), except to the extent that such repairs the same shall be the obligation of Tenant pursuant to Sections 7.0 1(i), (ii) or (iii) above), and (d) the elevators serving the floor on which the demised premises are required due to the negligence or willful misconduct of Tenantlocated; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required toliable for any defects or deficiencies of any of the foregoing which shall be caused by Tenant’s equipment, enter alterations or installations. The exterior walls of the Premises at all reasonable times to make such repairsBuilding, alterationsthe portions of any window xxxxx outside the windows, improvements or additions to and the Premises or to windows are not part of the Project or to any equipment located in the Project as premises demised by this Lease and Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and reserves all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 to such parts of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectBuilding.
Appears in 1 contract
Repairs. Tenant shall10.01 (a) In compliance with the other provisions of this Lease, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval terms of LandlordSection 10.02 herein, Tenant shall throughout the Term, at its sole cost and within any reasonable period expense, take good care of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair shall make all damagedrepairs and replacements to the interior and exterior of the Premises, broken, or worn fixtures as and appurtenances, except for damage caused by ordinary wear when Landlord reasonably deems necessary and/or in order to preserve the Premises in good working order and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make condition and such repairs, Landlord mayobligation includes, but need notis not limited to, make maintaining and repairing (a) the fire protection sprinkler system, plumbing, air-conditioning, electrical and heating systems and equipment in and/or exclusively servicing the Premises (collectively, the “Systems”)(which obligation shall be satisfied by keeping in force a standard maintenance agreement with contractors on all such repairs equipment and replacementsSystems, and Tenant shall furnish a copy thereof to Landlord (each, a “Maintenance Contract”), and (b) Tenant shall keep the plate glass, ceilings, floors, walls, and store front, all doors leading into and out of the Premises and all hardware appurtenant thereto, light bulbs, door frames, windows and (c) all windows, sidewalks, sidewalk hoists, loading docks, railings, gutters, alleys and curbs in front of or adjacent to or abutting the Premises and will put, keep and maintain the same in good and safe order and condition, and any other portion of the exterior of the Premises and free and clean from snow, ice, dirt, damage, garbage and other debris, and make all repairs therein and thereon. Landlord shall have no liability or obligation whatsoever regarding the maintenance, repair, service and replacement of the foregoing. Tenant shall pay Landlord any and all fines, as Additional Rent, issued as a result of Tenant’s failure to perform all the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed thereforrequirements set forth in this paragraph. Notwithstanding the foregoingdefined term “Systems” above, Landlord shall be responsible for repairs as exclusively servicing the Premises, to the exterior walls, foundation and roof extent any of the delineated systems service other tenants in the Building, and/or the structural portions of the floors Common Areas of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required repair of said systems is required, which repair is not due to the gross negligence or willful misconduct of Tenant; providedTenant or its employees, howevercontractors, that if such repairs are due to the negligence subcontractors, agents or willful misconduct of Tenantrepresentatives, then Landlord shall nevertheless make undertake such repairs at Tenant’s expenserepair, or, if covered by Landlord’s insurance, and Tenant shall only be obligated remit to pay any deductible in connection therewith. Landlord mayLandlord, but shall not be required toas additional rent, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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 it’s Proportionate Share 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 effectsaid costs.
Appears in 1 contract
Repairs. Except to the extent that Landlord has the obligation to rebuild pursuant to Paragraph 12 hereof, Tenant shallwill, subject to Paragraph l1.A., at Tenant’s own expense, perform any maintenance, repairs and replacements of the Premises that are (i) caused by the neglect or misuse of Tenant, its employees, contractors, agents, invitees or licensees, or (ii) required to keep the Premisesfloors, including all improvementsceilings, fixtureswalls, furnishingspartitions, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion other interior portions of the floor or floors Premises which are not a part of the Building on which the Premises are located, Building’s shared systems in good order, repair and condition at all times during the Lease Term. In additiontenantable condition, 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, 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 excepted. If the Tenant does not commence any such required maintenance, repair or beyond replacement within ten (10) days of the reasonable control request of Tenant; provided however, that, at Landlord’s optionLandlord to do so, or if after such commencement, Tenant fails does not thereafter diligently pursue same to make such repairscompletion, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof. Landlord, including a fifteen percent as an Operating Expense (15%) supervisory fee forthwith upon being billed thereforexcept as otherwise provided in Paragraph 5), shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Building and the Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease. Notwithstanding Without limiting the generality of the foregoing, Landlord shall be responsible for repairs to the repair and maintain, and if necessary, replace (1) building structure, foundation, roof, gutters, exterior wallswails, foundation window coverings, windows, and roof all other exterior and structural parts of the Building, the structural portions of the floors (ii) hails, stairways and entry ways, elevators and common passageways and all other common areas of the Building, (iii) elevator lobbies and restrooms on each floor of the base building systems Premises (provided Tenant has not hired its own janitorial contractor to perform such repair and equipment maintenance), and (iv) all elements of the plumbing system, the sprinkler system, the light fixtures and electrical distribution system, the heating, ventilating and air conditioning system and any other of the Building’s shared systems located within the Premises. Nothing contained in this Paragraph 8 shall require Landlord to paint or decorate the Premises. If the Landlord does not commence any required maintenance, except repair or replacement within thirty (30) days of the request of Tenant to the extent that do so (or in cases of emergency within twenty-four (24) hours after notice), or if after such commencement, Landlord does not thereafter diligently pursue same to completion, Tenant may, but need not, make such repairs are required due and replacements, and Landlord shall pay Tenant the cost thereof within ten (10) days after notice given from Tenant to the negligence or willful misconduct of Tenant; provided, however, that if Landlord specifying such repairs are due to the negligence or willful misconduct of Tenantcosts. Except as expressly otherwise provided in this Lease, Landlord shall nevertheless have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Building or the Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Premises, provided that Landlord shall use due diligence with respect thereto. In case of repairs or changes which are made within the Premises, unless such repairs at repairs, renewals or improvements can be made during business hours without material interference with Tenant’s expensebusiness operations, or, if covered by Landlord’s insurance, Tenant Landlord shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located replacements during non-business hours, except in the Project as Landlord shall desire or deem necessary 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 event 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 effectan emergency.
Appears in 1 contract
Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms the exterior walls and windows of the Premises and all Common Areas (collectively, the "Building Structure"), and the Base Building mechanical, electrical, life safety, plumbing, gas, sprinkler and HVAC systems installed or furnished by Landlord and any other service systems of the Building (collectively, the "Building Systems"). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant's use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s '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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times in accordance with Article 27 of this Lease to make such repairsrepairs or perform required maintenance on those matters for which Landlord is liable under this Lease, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Excluding Tenant's self-help rights expressly set forth in this Lease, 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. Landlord shall exercise reasonable efforts to perform any of Landlord’s repair and maintenance obligations within the Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s business in the Premises.
Appears in 1 contract
Samples: Office Lease (Atlassian Corp PLC)
Repairs. (a) From and after the commencement of and during the Term, and except as set forth in this Lease, Tenant shall, at Tenant’s its own cost and expense: (i) make interior non-structural repairs, replacements and renewals necessary to keep the PremisesPremises in as good condition, including all improvements, fixtures, furnishings, order and systems and equipment to repair as the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and same are at the portion commencement of the floor Term or floors of thereafter may be put, reasonable wear and use and damage by fire or other casualty only excepted (it being understood, however, that the Building on which foregoing exception for reasonable wear and use shall not relieve Tenant from the obligation to keep the Premises are located, in good order, repair and condition at condition), (ii) perform routine maintenance, repair and replacement (except for replacement to be performed by Landlord as described below) of the heating, ventilating and air conditioning units exclusively servicing the Premises (the “HVAC Units”) and shall maintain a service contract for the HVAC Units with a reputable HVAC service provider; (iii) perform routine maintenance and repair; of all times during other utilities within the Lease Term. In additionPremises, Tenant shallincluding, at Tenant’s own expensewithout limitation, those required to plumbing, mechanical and electrical systems exclusively serving the Premises up to and including the tie-in or point of connection to the Building systems, but under the supervision excluding fire safety systems such as sprinklers, smoke detectors and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair fire alarm systems; (iv) make 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 Landlord’s option, or if Tenant fails to make such other repairs, Landlord may, but need not, make such repairs replacements and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs renewals which are required due to the negligence or willful misconduct of Tenant; provided, however(v) keep and maintain all portions of the Premises in a clean and orderly condition, free of accumulation of dirt, rubbish, and other debris, and (vi) maintain, repair and replace electronic, phone and data cabling and related equipment (collectively, “Cable”) that if such is installed by or for the exclusive benefit of Tenant and located in the Premises and other portions of the Building. If Tenant fails to make any repairs are due to the negligence Premises for more than fifteen (15) days after notice from Landlord, or willful misconduct such other reasonable time given the nature and urgency of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but the repair (although notice shall not be required toif there is an emergency), enter Landlord may make the Premises at all reasonable times to make such repairs, alterationsand Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice. Notwithstanding that Tenant is responsible for HVAC Units as set forth in Section 10(a)(ii) above, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as perform said responsibilities on behalf of Tenant and shall directly charge Tenant for the costs thereof, which charge shall be in addition to all other items of Rent payable by Tenant under this Lease. Such charge shall be estimated by Landlord may be required on an annual basis and Tenant shall pay to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any Landlord 1/12 of such estimate on a monthly basis with other items of Rent, with the amounts paid and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 the amount of the California Civil Code or under any similar law, statute, or ordinance now or hereafter cost reconciled in effectaccordance with the procedure set forth in Section 5(a)(iii).
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, CHECK ONLY ONE OF THE FOLLOWING OPTIONS. IF NO BOXES ARE CHECKED THIS CONTRACT WILL BE AN AS-IS CONTRACT IN REGARDS TO REPAIRS. IF MULTIPLE BOXES ARE CHECKED THEN THE FIRST PARAGRAPH WITH A CHECKED BOX WILL DETERMINE REPAIRS. ◻ REPAIR PROCEDURE: All Repair Procedure Inspections and systems Requests shall be completed and equipment delivered to the extent located therein Seller by 6 P.M. on , (including date). Any and all requests necessary to place the heating systems, air conditioning systems, electrical systems,plumbing fixtures systems, water supply systems, water waste systems to be conveyed in operative condition, to make the roof free of leaks, to address environmental concerns and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and to make the portion of improvements structurally sound (Repair Requests) should be delivered by the floor or floors of deadline above. If the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant Buyer fails to make such repairsnotify the Seller within this timeframe, Landlord may, but need not, make such repairs and replacements, and Tenant Buyer shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives have waived any and all rights under terms of this section. If Lender's commitment requires any additional inspections or certifications, these are to be provided by the Buyer. Buyer at Buyer's expense shall have the privilege and benefits responsibility of subsection 1 of Section 1932 and Sections 1941 and 1942 inspecting the structure, square footage, environmental concerns including but not limited to mold, radon gas, lead based hazards including lead based paints, wetlands study, appurtenant buildings, heating systems, air conditioning systems, electrical systems, plumbing systems, water supply systems, water waste systems, as well as, appurtenant equipment or appliances. Upon Seller’s request the Buyer will provide the Seller with a copy of the California Civil Code Inspection Report. No later than 6 P.M on (date), Seller shall Deliver Notice agreeingor not agreeing to make repairs in the Buyer's Repair Requests. The costs of all repairs to heating systems, air conditioning systems, electrical systems, plumbing systems, water supply systems, water waste systems making these systems operable, make roof free of leaks, address environmental concerns, and to make the improvements structurally sound to be paid by Seller ("Seller Paid Repairs"). Seller Paid Repairs DO NOT include the following items: home maintenance ,flooring, fogged windows, grandfathered code issues, landscaping, preventive maintenance, cosmetics, home improvement, and energy efficiency. If the Seller contractually agrees to make all the requested Seller Paid Repairs, the Parties agree to proceed under Contract. The repairs to any other items are the sole responsibility of the Buyer. If the Seller does not timely respond per above or under does not agree to make all the Seller Paid Repairs, the Buyer shall within 2 Calendar Days choose any similar lawof the following options: (1) accept the Property in its present condition, statute(2) negotiate a new/amended contract with the Seller for the payment of these repairs/price or (3) terminate this Contract by Delivered Notice. IF BUYER FAILS TO ACCEPT, RENEGOTIATE A NEW/AMENDED CONTRACT, OR TERMINATE CONTRACT BY DELIVERED NOTICE WITHIN 2 CALENDAR DAYS: The Buyer agrees to buy and Seller agrees to sell the Property AS IS. Parties agree "As Is" means Buyer buys the Property for the Purchase Price while Seller maintains the Property from the Effective Date through Closing subject to normal wear otherwise without repair or ordinance now or hereafter replacement and sells the Property for the Purchase Price unless otherwise agreed upon in effectwriting by the Parties in this Contract. The obligations of the Seller for repairs terminate upon Closing.
Appears in 1 contract
Samples: Agreement
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment Subject to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion provisions of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In additionSection 11, Tenant shall, at Tenant’s own its sole cost and expense, but under the supervision and subject to the prior approval of Landlordmake all needed maintenance, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage repairs to the Premises in a prompt, good and workmanlike manner, including but not limited to (i) the heating, ventilating, and air conditioning systems serving the Premises (unless Landlord, in its reasonable discretion, has notified Tenant of Landlord's desire to maintain, repair and replace such systems, in which case the cost and expense of such services shall be payable by Tenant to Landlord upon demand); (ii) the exterior and interior portion of all doors, windows, window frames, plate glass, door closures and other hardware, door frames and store fronts; (iii) all plumbing and sewage facilities within or repair serving the Premises, up to the connection to the main water or sewer line; (iv) all damaged, broken, or worn fixtures and appurtenancesequipment within or serving the Premises; (v) all electrical and gas systems within the Premises up to the connection with the main service; (vi) all sprinkler and central station reporting systems within the Premises; (vii) all interior walls, floors, ceilings and coverings thereof; (viii) any of Tenant's improvements; (ix) all repairs, replacements or alterations required by any governmental authority; (x) interior plastering, painting and water-proofing; (xi) wall and ceiling treatment; (xii) replacement of broken glass and plate glass; and (xiii) all necessary repairs and replacements of Tenant's trade fixtures required for the proper conduct and operation of Tenant's business. If Tenant shall fail to make any maintenance, repairs or replacements in and to the Premises as required in this Lease, Landlord shall have the right, but not the obligation, to enter the Premises and to make the same for and on behalf of Tenant, and all sums so expended by Landlord shall be deemed to be additional rent hereunder and payable to Landlord upon demand. This Lease does not grant any rights to light or air over property, except for damage caused over public streets kept open by public authority and signage maintained by Tenant on the exterior of the Building, which signage shall be subject to and maintained by Tenant in accordance with all governmental codes and regulations. At the termination of this Lease by lapse of time or otherwise, Tenant shall return the Premises and all fixtures and equipment therein in as good condition as when Tenant took possession, ordinary wear and tear or beyond excepted, failing which Landlord may restore the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails Premises to make such repairs, Landlord may, but need not, make such repairs and replacements, condition and Tenant shall pay Landlord the cost thereof. Any and all fixtures and leasehold improvements installed in the Premises by or on behalf of Tenant and all personal property, including a fifteen percent (15%) supervisory fee forthwith fixtures and leasehold improvements owned by Tenant shall be removed from the Premises upon being billed thereforthe termination of the Term or Tenant's right to possession. Notwithstanding the foregoing, Landlord shall be responsible for repairs to keep the foundation and the structural soundness of the exterior walls, foundation walls and roof of the Building, Premises in good repair except that Landlord shall not be required to make any repairs occasioned by the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence act or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct neglect of Tenant, Landlord shall nevertheless make its assignees, sublessees, servants, agents, employees, invitees, licensees, customers or concessionaires, or any damage caused by or as a result of Tenant's occupancy of the Premises, or any damage caused by break-in, burglary, or other similar acts in or to the Premises. In the event that maintenance, repairs or replacements to any part of the Building (including exterior walls and roof of Building) are necessitated in whole or in part by the act, neglect, fault or omission of any duty by Tenant, its agents, servants, employees, invitees, concessionaires or customers, and such repairs at Tenant’s expensemaintenance, or, if covered repair or replacements are not reimbursed by Landlord’s insurance, Tenant shall only be obligated pay to pay any deductible in connection therewithLandlord the cost of such maintenance, repairs and replacements. Landlord may, but shall not be required to, enter If the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located should become in the Project as Landlord shall desire or deem necessary or as Landlord may be need of repairs required to do be made by governmental or quasi-governmental authority or court order or decree. Landlord hereunder, 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 effectshall give immediate written notice thereof to Landlord.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors (or portion thereof) of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s '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, 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 Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereofof any repairs or replacements actually made, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee forthwith 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 actually made upon being billed thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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.
Appears in 1 contract
Samples: Office Lease (Wageworks, Inc.)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, including without limitation the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking areas, landscaping, exterior Project signage, stairwells, and all common and public areas (collectively, “Building Structure”) and the base first-sprinkler systems which were not constructed by Tenant Parties and the Common Areas; provided, however, that to the extent such fire-sprinkler system (as existing as of the date of this Lease) is altered by Tenant, Tenant shall thereafter be responsible therefor (at which time any warranties relating to such system shall be transferred to Tenant); provided further, however, that until such time as Tenant becomes responsible for the base fire-sprinkler systems pursuant to the foregoing clause, all references to Building Structure shall be deemed to include such base fire-sprinkler system. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure to the extent caused due to Tenant’s use of the Premises for other than normal and customary implementation of the business operations contemplated under Tenant’s Permitted Use (as expressly in Sections 6(i)-(iii) of the Summary), unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS Exception”). Tenant shall, at Tenant’s own expense, pursuant to the TCCs of this Lease (including, without limitation, Article 8 hereof) keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashersfurnishings therein, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)the roof membrane, and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease TermTerm (but such obligation shall not extend to the Building Structure, except pursuant to the BS Exception). In addition, 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, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenancesappurtenances (but such obligation shall not extend to the Building Structure, except pursuant to the BS Exception), except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. 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.
Appears in 1 contract
Samples: Work Letter Agreement (Dexcom Inc)
Repairs. Landlord shall maintain in good condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems"), the Building Common Areas and the Project Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant’s 's own expense, keep the non-structural elements of the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)furnishings therein, and the portion of the floor or floors of the Building on which the Premises are is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s '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, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) business days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 within thirty (30) days of being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewithsame. Landlord may, but shall not be required to, enter the Premises at all reasonable times subject to the entry requirements set forth in Section 27.1 below to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder of which Tenant has failed to complete such repairs following receipt of written notice and the lapse of any applicable cure period, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. 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.
Appears in 1 contract
Samples: Office Lease (Nektar Therapeutics)
Repairs. 4. Owner shall maintain and repair the public portions of the building, both exterior and interior, except that if Owner allows Tenant to erect on the outside of the building a sign or signs, or a hoist, lift or sidewalk elevator for the exclusive use of Tenant, Tenant shall maintain such exterior installations in good appearance and shall cause the same to be operated in a good and workmanlike manner and shall make all repairs thereto necessary to keep same in good order and condition, at Tenant's own cost and expense, and shall cause the same to be covered by the insurance provided for hereafter in Article 8. Tenant shall, at Tenant’s own expensethroughout the term of this lease, keep take good care of the Premises, including all improvements, fixtures, furnishings, demised premises and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers)appurtenances therein, and the portion of the floor or floors of the Building on which the Premises are locatedsidewalks adjacent thereto, and at its sole cost and expense, make all non-structural repairs thereto as and when needed to preserve them in good orderworking order and condition, repair and condition at all times during the Lease Term. In addition, 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, 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 tear, obsolescence and damage from the elements, fire or beyond other casualty, excepted. If the reasonable control of Tenant; provided however, that, at Landlord’s option, demised premises be or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurancebecome infested with vermin, Tenant shall only at Tenant's expense, cause the same to be obligated exterminated from time to pay any deductible time to the satisfaction of Owner. Except as specifically provided in connection therewith. Landlord mayArticle 9 or elsewhere in this lease, but there shall not be required tono allowance to the Tenant for the diminution of rental value and no liability on the part of Owner by reason of inconvenience, enter the Premises at all reasonable times annoyance or injury to business arising from Owner, Tenant or other making or failing to make such any repairs, alterations, additions or improvements in or additions to any portion of the Premises building including the erection or operation of any xxxxx, xxxxxxx or sidewalk shed, or in or to the Project demised premises or the fixtures, appurtenances or equipment thereof. The provisions of this article 4 with respect to any equipment located the making of repairs shall not apply in the Project as Landlord shall desire case of fire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreeother casualty which are dealt with in article 9 hereof. 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.Window Cleaning:
Appears in 1 contract
Samples: Western Beef Inc /De/
Repairs. Subject to the RL Act: except for fair wear and tear, the Tenant shall, must keep any improvements constructed on the Premises in good order and repair and in the same condition as they were in at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsstart of this Lease or in the same condition as they were upon completion of their construction during the term of the Lease, and systems properly repaired and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), maintained; and the portion of the floor or floors of the Building on which the Premises are located, in good order, Tenant must promptly repair and condition at all times during the Lease Term. In addition, 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, 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 Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that it has been caused or contributed to by the Tenant. This clause 15.1(b) applies and clause 15.1(c) is inoperative if Item 10 states that clause 15.1(b) applies. The Tenant is not responsible for structural or capital repairs to the Premises, except where such repairs are required required: to improvements constructed on the Premises by the Tenant; or due to the negligence negligent or willful misconduct unlawful act or omission of the Tenant or the Tenant; provided’s breach of this Lease. This clause 15.1(c) applies and clause 15.1(b) is inoperative if Item 10 states that clause 15.1(c) applies. If the RL Act applies to this Lease, however, that if such repairs are due to the negligence or willful misconduct extent permitted by the RL Act and as an incident of the Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated 's obligation to pay Outgoings under clause 7 above, the Tenant must reimburse the Landlord on demand for any deductible Costs incurred by the Landlord in connection therewith. Landlord may, but shall not be required to, enter maintaining the structure of the Premises at in accordance with section 52 of the Act. The Landlord is responsible for all other repairs. The Tenant must: where the RL Act does not apply to this Lease, repair and maintain the Landlord's fixtures, including air conditioning and heating equipment exclusively serving the Premises (but excluding expenses of a capital nature) in accordance with the Landlord's reasonable times to make such repairsrequirements; and comply with the Landlord's reasonable requirements concerning the use of the Landlord's fixtures, alterations, improvements or additions including air conditioning and heating equipment. The Tenant must immediately give Notice to the Premises Landlord of any: damage however caused, accident to or to the Project or to any equipment located defects in the Project as Landlord shall desire Premises; circumstances likely to cause any damage or deem necessary injury occurring within the Premises of which the Tenant has actual or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives constructive notice; Notice from 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 effectGovernment Agency.
Appears in 1 contract
Samples: www2.health.vic.gov.au
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, 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, 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 damage caused by casualty (except to the extent the same is Tenant’s obligation to repair pursuant to Article 11 below), condemnation or other causes beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairsrepairs within ten (10) days after written notice from Landlord to Tenant (except that no such notice shall be required in an emergency), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent percentage of the cost thereof (15%to be uniformly established for the Building and/or the Project) supervisory fee 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 thereforfor same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, orsubject to the provisions of Section 10.5 below. Upon reasonable prior notice to Tenant (except that no such notice shall be required in the event of emergency), if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary 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.
Appears in 1 contract
Samples: Office Lease (Cotherix Inc)
