Common use of Repairs Clause in Contracts

Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.

Appears in 5 contracts

Samples: Sub Lease/Rental Contract, Sub Lease, Sub Lease/Rental Contract

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Repairs. The Landlord warrants that all mechanical, electrical and HVAC systems in the Premises are in good working order, subject to normal wear and tear, as of the Effective Date. Landlord shall make all necessary repairs and replacements to the building in which the demised premises are located, and to the common areas and electrical systems located therein, and Landlord shall also make all repairs to the demised premises which are structural in nature or required due to fire, casualty or other act of God; provided, however that Tenant shall make all repairs and replacements arising from its act, neglect or default. Tenant shall keep the demised premises in good repair, and Tenant shall upon the expiration of the term of this Lease, yield and deliver up the demised premises in like condition as when taken, reasonable use and wear thereof and repairs required to be made by Landlord excepted. In the event of a breakdown that the Landlord shall deem it necessary or be required by any governmental authority to alter, repair, remove, reconstruct or improve any part of the electrical demised premises or mechanical systemsof the building in which the demised premises are located (unless the same result from Tenant’s act, LANDLORD neglect, default or mode of operation in which event Tenant shall make all such repairs, alterations and improvements), then the same shall be made by the Landlord with reasonable dispatch, however, such obligation of Tenant shall not be liable for damages extend to maintenance, repairs or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligencereplacements necessitated by the intentional wrongdoing or gross negligence of Landlord. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises all or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants part of the Premises are unfit for occupancy by reason of: 1) damage or persons who are permitted destruction for which the Tenant is not responsible hereunder; or 2) repairs, alterations, or improvements commenced by Landlord if it deems necessary in the residential complex its sole discretion or if required by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S faultgovernmental authority, the charge Base Rent from the date the Premises are unfit for occupancy until the plumber Premises are fit for occupancy will be abated in proportion to the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate ratio that the Premises, without LANDLORD’s prior written approval and shall, upon termination portion of tenancy, remove any alterations and decorating and restore the Premises that is unfit for occupancy bears to that portion of the Premises that is fit for occupancy. If repairs, improvements, alterations, reconstruction, etc. to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall Premises cannot be completed within ninety (90) days, the subject of any legal proceeding Tenant may, at its option, terminate this Lease and the Landlord shall immediately refund to Tenant all unearned rent and other charges paid in advance by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice Tenant to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesLandlord.

Appears in 3 contracts

Samples: Commercial Lease Agreement (Amesite Operating Co), Commercial Lease Agreement (Amesite Inc.), Commercial Lease Agreement (Amesite Inc.)

Repairs. In the event of a breakdown LANDLORD shall be responsible for all structural components, including roof, building envelope, and foundation, and all common areas of the electrical or mechanical systemsBuilding, and shall perform such maintenance and make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LANDLORD shall not be liable responsible for damages repairs upon implements or articles which are the personal discomfort; howeverproperty of TENANT. LANDLORD will be responsible to repair and maintain the Leased Premises, including interior walls, ceilings, windows and doors. Janitorial Service: LANDLORD shall provide janitorial services and supplies to the Leased Premises and common areas of the Building. Snow Removal: LANDLORD shall keep the public sidewalks adjacent to the Building and any sidewalks or stairways leading from the public sidewalks to the Building free from snow, ice and debris, including the parking lot. Snow plowing, snow shoveling and ice removal must be completed by 6:30 a.m., unless snow or wind conditions make this impractical. If the snow and ice removal is not completed by 6:30 a.m., LANDLORD will make every effort to complete the snow removal as soon as possible. DELIVERY OF LEASED PREMISES: LANDLORD covenants that it will deliver the Leased Premises to TENANT in a clean and sanitary condition with all systems, services, appurtenances, and leasehold improvements (if applicable) included within the scope of this Lease Agreement in effect and in good running order and that are in compliance with all applicable laws, ordinances, and regulations of any governmental authority having jurisdiction, including, without limitation, the Americans with Disabilities Act. EXPANSION SPACE In the event TENANT leases any additional space elsewhere in the Building, the rent for said space shall carry out repairs with reasonable diligencebe calculated at the finished office space rate per square foot per year that is in effect under this Lease Agreement at that time, or at the publicly advertised rate per square foot per year for similarly finished office space in the Building at that time, whichever is lower. LANDLORD shall provide improvements to the expansion space comparable to the improvements provided to the space leased under this Lease Agreement. An amendment to this Lease Agreement shall be executed setting forth the amount of such expansion space, the effective date of TENANT’s right of occupancy, and the amount of additional rent that shall be due and payable to LANDLORD. NET USABLE SPACE MEASUREMENTS The LANDLORD represents that it has based the Leased Premises space calculation on an area measurement by an architect or professional qualified to measure interior building areas based on the following standard of measurement. For purposes of this Lease Agreement, the area of the Leased Premises shall match the following standard, which shall be based on measuring to the inside finished surface of exterior walls, to the inside finished surface of building corridor and other permanent walls or to the centerline partition of walls separating the Leased Premises from other tenant space or common area space. If SUBTENANT hires a service person without the consent more than 50% of LANDLORDan exterior wall is glass, the xxxx of service will be dimension is taken from the responsibility of SUBTENANTinterior glass line; otherwise, to the interior finished surface. CARE OF RENTED PREMISES SUBTENANT agrees to keep Vertical shafts, elevators, stairwells, flues, pipe shafts, dock areas, mechanical rooms, and utility and janitor rooms that serve more than the Rented Leased Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the Rented Premises general public or residential complex caused by used in common with other tenants are also excluded. No deductions are made for columns, pilasters or other projections to the willful or negligent conduct of SUBTENANTbuilding if each is less than four (4) square feet. Prior to the Commencement Date, other occupants the TENANT shall have the right at its own expense to hire an architect to determine the actual measurement of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in area based on the date above standard. If TENANT’s architect determines that the area of commencement of this Tenancy Agreementthe Leased Premises is less than what LANDLORD has calculated, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or Rent due under this AgreementLease shall be adjusted accordingly. In that case, SUBTENANT, except LANDLORD and TENANT shall enter into an amendment to this Lease setting forth the newly calculated Rent amount and adjustments as set forth in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.Section 4 a.

Appears in 3 contracts

Samples: Instructions for Lease Agreement, Lease Agreement, Instructions for Lease Agreement

Repairs. In the event of a breakdown property loss which may be repaired within one hundred eighty (180) days from the date of the electrical or mechanical systemsdamage, LANDLORD or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Leased Premises to as near the condition as existed prior to the property loss as practicable. Landlord shall not be liable for damages required to repair or personal discomfort; howeverreplace any damage or loss by or from fire or other cause to any panelings, LANDLORD decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall carry out repairs with reasonable diligencein no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Minimum Monthly Rent and Additional Rent following the property loss and until the time the Leased Premises are restored. Such reduction shall be based on the degree of impairment of Tenant’s ability to conduct business at the Leased Premises in the same manner as it conducted its business before the casualty. So long as Tenant conducts its business in the Leased Premises, there shall be no abatement until the parties agree on the amount thereof. If SUBTENANT hires a service person without the consent parties cannot agree within forty-five (45) days of LANDLORDthe property loss, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and matter shall be liable for submitted to arbitration under the costs rules of repair the American Arbitration Association. Upon the resolution of damage 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 Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANTcontrary contained in this Lease, other occupants of the Premises or persons who are permitted in the residential complex event the holder of any indebtedness secured by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging a mortgage or deed of toilets. Should a plumber be required to unclog trust covering the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Leased Premises, without LANDLORD’s prior Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written approval and shallnotice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in whereupon this Lease shall end on the date of commencement such damage as if the date of such damage were the date originally fixed in this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges Lease for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance expiration of the PremisesTerm.

Appears in 3 contracts

Samples: Office Lease (Atara Biotherapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.)

Repairs. In the event of a breakdown Section 6.1. Tenant covenants to use due care in its use and occupancy of the electrical or mechanical systemsPremises and not to commit waste. Except as otherwise provided in this Section 6.1, LANDLORD Tenant shall not be liable for damages or personal discomfort; obligated to repair any Building Systems. Tenant shall, however, LANDLORD at its own cost and expense, maintain and repair and, to the extent deemed appropriate by Tenant, monitor the Security System. Notwithstanding any provision contained in this Lease to the contrary, all damage or injury to the Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenances (including Building Systems), whether requiring structural or nonstructural repairs, caused by the moving of Tenant's Property or caused by or resulting from any act or omission of, or Alterations made by, Tenant or Persons Within Tenant's Control, shall carry out be repaired by Tenant, at Tenant's sole cost and expense, to the reasonable satisfaction of Landlord (if the required repairs with reasonable diligenceare non-structural in nature and do not affect any Building Systems), or by Landlord at Tenant's sole cost and expense (if the required repairs are structural in nature or affect any Building Systems). If SUBTENANT hires a service person without All of the consent of LANDLORD, the xxxx of service will aforesaid repairs shall be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises performed in a reasonable state manner and with materials and design of cleanliness first class and quality consistent with first-class office buildings in Memphis and shall be liable for made in accordance with the costs provisions of repair of damage to the Rented Premises Article 5. If Tenant shall fail, after five (5) days notice (or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber such shorter period as may be required because of an emergency), to unclog the toilet(s) and it is found proceed with due diligence to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done made by LANDLORDTenant, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord, with interest thereon at the Applicable Rate, shall be paid to Landlord, as Additional Rent, within ten (10) days after rendition of a xxxx or statement therefor. It is agreed that any request for maintenance or repairs not made via e-mail Tenant shall not be the subject give Landlord prompt notice of any legal proceeding by SUBTENANT against ORIGINAL TENANT defective condition in any Building Systems located in, servicing or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of passing through the Premises.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Harrahs Entertainment Inc), Agreement of Lease (Harrahs Entertainment Inc), Agreement (Harrahs Entertainment Inc)

Repairs. In the event of a breakdown The Tenant shall take good care of the Demised Premises and shall make all necessary non-structural repairs to the interior thereof except for repairs of damage resulting from causes outside of the Demised Premises, e.g. leaks or overflows in neighboring space. Landlord shall maintain, repair or replace all HVAC, plumbing and electrical fixtures and circuitry (other than fixtures installed by the Tenant) and shall promptly repair all roof leaks. Landlord shall maintain and repair the common areas of the building including hallways, entry, vestibule, bathrooms, and the exterior of the building including the parking lot and landscaping at the Landlord's expense. Upon the expiration or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without at the consent termination of LANDLORDthis lease, the xxxx of service will be Tenant shall surrender the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Demised Premises to the same Landlord in as good condition as it was in on at the date of commencement of this Tenancy Agreementthe term, reasonable ordinary wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges Tenant is prohibited from making any structural improvements, alterations or additions to the Demised Premises without first obtaining the written approval therefore from the Landlord, and all such improvements, alterations or additions made by the Tenant shall be the property of the Landlord, at no expense to the Landlord, and shall remain upon and be surrendered with the Demised Premises, as part thereof, at the expiration or termination of this lease. In the event that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, any mechanics' lien is filed against the Demised Premises as a result of any repairs repairs, improvements, alterations or maintenance required to be done additions made by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed thatTenant, upon the Landlord, at its option, after ten (10) days written notice to LANDLORD the Tenant, may terminate this lease and/or may pay the said lien, without inquiring into the validity thereof, and the Tenant shall forthwith reimburse the total expense incurred by the Landlord in discharging the said lien as additional rent hereunder on the first day of the next month following such payment by Landlord. Landlord shall have the right to install and maintain in the Demised Premises all utility lines and electric wiring and all other appliances necessary for the operation of the balance of the building of which the Demised Premises form a part, and shall have access to the Demised Premises at all reasonable times after prior reasonable notice to Tenant, and in cases of emergency at any time without prior notice, for the purpose of examining same or of making such repairs or maintenance that LANDLORD is required changes as the Landlord may deem necessary. No claim shall be made by, or compensation paid to undertake the Tenant by law the Landlord by reason of inconvenience, annoyance, loss or under this Agreementdamage arising from the necessity of making such repairs, SUBTENANThowever the necessity may occur, except nor shall there be any abatement in the case rent during such period of an emergency, time. Landlord shall not call on any person not employed by LANDLORD take reasonable steps to affect any repair perform its rights and obligations hereunder without unnecessary or maintenance of the Premisesunreasonable interference to Tenant's business.

Appears in 2 contracts

Samples: Month Lease Agreement, Month Lease Agreement

Repairs. Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures, equipment, window coverings, and furnishings 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 event 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 or broken fixtures and appurtenances; 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 breakdown percentage of the electrical cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or mechanical systemsexpenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, LANDLORD 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 systems and equipment of the Building (collectively, the "Base 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 liable for damages or personal discomfort; howeverrequired to, LANDLORD shall carry out repairs with enter the Premises at all reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDtimes to make such repairs, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees alterations, improvements and additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Building or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Building as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog 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 toilet(sobligation 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 it is found (iii) above, Landlord shall use commercially reasonable efforts to be SUBTENANT’S faultnot materially interfere with Tenant's use of, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations or access to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.

Appears in 2 contracts

Samples: Office Lease (Global Clean Energy Holdings, Inc.), Office Lease (Global Clean Energy Holdings, Inc.)

Repairs. In Sublessor shall deliver the event of a breakdown of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Subleased Premises to Sublessee in vacant (other than the same Furniture, defined below), working order and broom clean condition (“Delivery Condition”). To the extent the applicable Subleased Premises is not delivered to Sublessee in Delivery Condition, as it was in on its sole recourse, Sublessee may notify Sublessor of such deficiency within thirty (30) days following the date of commencement actual delivery of the applicable Subleased Premises to Sublessee, and Sublessor shall either, at its sole cost, remedy such deficiency as soon as reasonably practicable thereafter (if such maintenance is Sublessor’s obligation under the Master Lease) or request that Master Lessor perform the same. The parties acknowledge and agree that Sublessee is otherwise subleasing the Subleased Premises on an “as is” basis, and that Sublessor has made no representations or warranties with respect to the condition of the Subleased Premises except as set forth in this Tenancy Agreementparagraph. Except for any costs to be incurred to place the Subleased Premises in the Delivery Condition, reasonable wear and tear exceptedSublessor shall have no obligation whatsoever to make or pay the cost of any alterations, improvements or repairs to the Subleased Premises, including, without limitation, any improvement or repair required to comply with any law in order to put the same in Delivery Condition. See Schedule 2 - Damage/Other Charges Master Lessor shall be solely responsible for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, performance of any repairs or maintenance required to be done performed by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be Master Lessor under the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance terms of the PremisesMaster Lease. To Sublessor’s knowledge, Sublessor has not received any notice from any governmental agency that the Subleased Premises do not comply with applicable laws.

Appears in 2 contracts

Samples: Sublease (Guidewire Software, Inc.), Sublease (Guidewire Software, Inc.)

Repairs. In 4. Owner shall maintain and repair the event exterior of and the public portions of the building. Tenant shall, throughout the term of this lease, take good care of the demised premises including the bathrooms and lavatory facilities (if the demised premises encompass the entire floor of the building), the windows and window frames, and the fixtures and appurtenances therein, and at Tenant’s sole cost and expense promptly make all repairs thereto and to the building, whether structural or non-structural in nature, caused by, or resulting from, the carelessness, omission, neglect or improper conduct of Tenant, Tenant’s servants, employees, invitees, or licensees, and whether or not arising from Tenant’s conduct or omission, when required by other provisions of this lease, including article 6. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant’s fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails, after ten (10) days notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Owner at the expense of Tenant, and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a breakdown xxxx or statement therefore. If the demised premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the demised premises and following such notice. Owner shall remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant’s servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to Tenant for a diminution 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 electrical building or mechanical systemsthe demised premises, LANDLORD or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be liable entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant’s sole remedy at law in such instance will be by way of an action for damages or personal discomfort; however, LANDLORD shall carry out repairs for breach of contract. The provisions of this Article 4 with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage respect to the Rented Premises or residential complex caused by the willful or negligent conduct making of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT repairs shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except apply in the case of an emergency, fire or other casualty with regard to which Article 9 hereof shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.apply. Window Cleaning:

Appears in 2 contracts

Samples: Integral Ad Science Holding LLC, Integral Ad Science Holding LLC

Repairs. In Subject to Article VI hereof, Lessee shall, during the event term of a breakdown this Lease, at Lessee's expense, keep the Premises in as good order, condition and repair as they were at the time Lessee took possession of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementsame, reasonable wear and tear and damage from fire and other casualties excepted. See Schedule 2 - Damage/Other Charges for charges that may applyLessee shall keep the Premises in a neat and sanitary condition, and Lessee shall not commit any nuisance or waste on the Premises or in, on or about the Office Complex, throw foreign substances in the plumbing facilities, or waste any of the utilities furnished by the Lessor. MAINTENANCE SUBTENANT covenants All uninsured damage or injury to advise LANDLORDthe Premises or to the Office Complex caused by Lessee moving furniture, via e-mailfixtures, equipment or other devices in or out of the Premises or the Office Complex or by installation or removal of furniture, fixtures, equipment, devices or other property of Lessee or its agents, contractors, servants or employees, due to carelessness, omission, neglect, improper conduct or other cause of Lessee or its servants, employees, agents, visitors or licensees, shall be repaired, restored and replaced promptly by Lessee at its sole cost and expense to the satisfaction of Lessor. All repairs, restorations and replacements shall be in quality and class equal to the original work and shall comply with all requirements of this Lease. Subject to Article II hereof and to Lessee's specific obligations, except to the extent of any repairs damage caused by the fault or maintenance required negligence of Lessee, Lessor shall maintain and keep in good order, condition and repair all common areas of the Office Complex and the structural portions of the Office Complex, including the outer walls, roof, floors, foundations, load bearing members, trusses, and joists, the HVAC facilities serving the Premises, and the portions of the plumbing and electrical lines located outside of the Premises which serve the Premises. Lessor and its employees and agents shall have the right to enter the Premises at any reasonable time or times after twenty-four (24) hours advance notice, for the purpose of inspection, cleaning, repairs, altering or improving the same but nothing contained herein shall be done by LANDLORDconstrued as imposing any obligation on Lessor to make any repairs, improvements, alterations, additions or installations which are the obligation of Lessee. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon Either party may give written notice to LANDLORD the other party at least thirty (30) days prior to vacating the Premises for the express purpose of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance arranging a meeting for a joint inspection of the Premises.

Appears in 2 contracts

Samples: Office Lease (Jda Software Group Inc), Office Lease Scottsdale Northsight (Jda Software Group Inc)

Repairs. Tenant shall promptly make, at its sole cost and expense, any and all repairs necessary to maintain the Premises and shall keep and maintain the Premises and the mechanical systems therein (including, without limitation, the plumbing, electrical, security, cable and HVAC systems) and all landscaping and laws on the Premises in good repair, and in an orderly condition, consistent with other similar buildings in or near the Location. Landlord shall assign to Tenant any warranties held by Landlord with respect to the portions of the Premises for which Tenant has repair or maintenance responsibility in accordance with this Lease. Without limiting the generality of the foregoing, Tenant shall make all repairs necessary to maintain the roof, foundation, exterior walls, interior structural walls, floor slabs (including floor coverings such as, without limitation, tiles or carpeting) and all other items which constitute a structural component part of the Buildings and to maintain the parking lots and driveways on the Premises. Tenant will commence such repairs described above promptly, but in all events no later than five (5) business days after receipt of notice by Landlord that such repair is needed, and shall diligently pursue such repairs to completion as soon as reasonably possible after commencement of the same. In the event of an emergency (imminent and serious danger to persons or property) or if Tenant fails to begin such repairs within five (5) business days following receipt of such written notice or fails to diligently pursue the same to completion, and Landlord provides further written notice (a breakdown “Second Notice”) of such failure to Tenant, and Tenant fails to commence repairs within two (2) days after receipt of the electrical Second Notice or mechanical systemsto diligently pursue repairs, LANDLORD Landlord shall be entitled to, but shall not be liable obligated to, make such repairs. Tenant shall pay Landlord within ten (10) days after written demand therefore the reasonable costs incurred by Landlord in connection with making such repairs. In no event shall Tenant be obligated under this Paragraph to repair any damage caused by any act, omission or negligence of Landlord or its employees, agents, invitees, licensees, subtenants or contractors. The Tenant shall not have liability for damages or personal discomfort; however, LANDLORD failure to provide Tenant a notice of the need for any such repair. All repairs under this Paragraph 6.1 shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises made in a reasonable state proper and workmanlike manner and with the use of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesonly first class materials.

Appears in 2 contracts

Samples: Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)

Repairs. In (a) Landlord shall maintain (including repairs and replacements), in a timely manner, in good order and condition and incompliance with all Law and in accordance with the standards of Class A office buildings in Downtown Cleveland as reasonably determined by Landlord, all of the following; (a) Common Areas and other public portions of the Building, 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, Building and/or the Common Areas, and (d) all other portions of the Building (other than leased space expressly required to be maintained by a particular tenant pursuant to the terms of its lease). The cost of the foregoing shall be included in Expenses (except as otherwise prohibited by this Lease), except for the repairs due to fire and other casualties and for the 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 lighting ballasts, light bulbs, and fluorescent tubes replaced in the Premises. Landlord shall promptly complete all required repairs and repair any and all damage to the Premises which may result from such repairs and maintenance. Landlord shall, at its sole cost, also make all repairs to the Premises necessitated by the negligence or willful misconduct of Landlord, Landlord’s managers, contractors, employees or agents. Landlord shall make all repairs required to be made by it under this Lease within a reasonable time. Except in the event of an Emergency, Landlord shall also make all such repairs at such times and in such a breakdown manner as to reasonably minimize inconvenience to Tenant in the conduct of the electrical or mechanical systems, LANDLORD its business. Landlord shall not enter the Premises for the purpose of making such repairs if the same can be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in made on a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, basis without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance entry of the Premises. If said repairs can be made outside of Tenant’s business hours without substantial additional cost to Landlord, Landlord shall do so, unless Tenant requests that they be made during business hours.

Appears in 2 contracts

Samples: Memorandum of Lease (Rocket Companies, Inc.), Memorandum of Lease (Rocket Companies, Inc.)

Repairs. In the event of a breakdown property loss which may be repaired within one hundred twenty (120) days from the date of the electrical or mechanical systemsdamage, LANDLORD or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19 .1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Leased Premises to as near the condition as existed prior to the property loss as practicable. Landlord shall not be liable for damages required to repair or personal discomfort; howeverreplace any damage or loss by or from fire or other cause to any panelings, LANDLORD decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall carry out repairs with reasonable diligencein no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of Minimum Monthly Rent following the property loss and until the time the Leased Premises are restored. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. So long as Tenant conducts its business in the Leased Premises, there shall be no abatement until the parties agree on the amount thereof. If SUBTENANT hires a service person without the consent parties cannot agree within forty-five (45) days of LANDLORDthe property loss, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and matter shall be liable for submitted to arbitration under the costs rules of repair the American Arbitration Association. Upon the resolution of damage 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 Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANTcontrary contained in this Lease, other occupants of the Premises or persons who are permitted in the residential complex event the holder of any indebtedness secured by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging a mortgage or deed of toilets. Should a plumber be required to unclog trust covering the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Leased Premises, without LANDLORD’s prior Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written approval and shallnotice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in whereupon this Lease shall end on the date of commencement such damage as if the date of such damage were the date originally fixed in this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges Lease for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance expiration of the PremisesTerm.

Appears in 2 contracts

Samples: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a breakdown Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the electrical 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 mechanical systemsrepair all damaged, LANDLORD 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 reasonable 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. 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 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 liable for damages required to, enter the Premises at all reasonable times and upon reasonable notice (if possible) to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog 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 toilet(s) and it is found to be SUBTENANT’S faultCalifornia Civil Code or under any similar law, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations tostatute, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was ordinance now or hereafter in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseffect.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Repairs. Tenant shall promptly make, at its sole cost and expense, any and all repairs necessary to maintain the Premises and shall keep and maintain the Premises and the mechanical systems therein (including, without limitation, the plumbing, electrical, security, cable and HVAC systems) and all landscaping and laws on the Premises in good repair, and in an orderly condition, consistent with other similar buildings in or near the Location. Landlord shall assign to Tenant any warranties held by Landlord with respect to the portions of the Premises for which Tenant has repair or maintenance responsibility in accordance with this Lease. Without limiting the generality of the foregoing, Tenant shall make all repairs necessary to maintain the roof foundation, exterior walls, interior structural walls, floor slabs (including floor coverings such as, without limitation, tiles or carpeting and all other items which constitute a structural component part of the Buildings and to maintain the parking lots and driveways on the Premises. Tenant will commence such repairs described above promptly, but in all events no later than five (5) business days after receipt of notice by Landlord that such repair is needed, and shall diligently pursue such repairs to completion as soon as reasonably possible after commencement of the same. In the event of an emergency (imminent and serious danger to persons or property) or if Tenant fails to begin such repairs within five (5) business days following receipt of such written notice or fails to diligently pursue the same to completion, and Landlord provides further written notice (a breakdown “Second Notice”) of such failure to Tenant, and Tenant fails to commence repairs within two (2) days after receipt of the electrical Second Notice or mechanical systemsto diligently pursue repairs, LANDLORD Landlord shall be entitled to, but shall not be liable obligated to, make such repairs. Tenant shall pay Landlord within ten (10) days after written demand therefore the reasonable costs incurred by Landlord in connection with making such repairs. In no event shall Tenant be obligated under this Paragraph to repair any damage caused by any act, omission or negligence of Landlord or its employees, agents, invitees, licensees, subtenants or contractors. The Tenant shall not have liability for damages or personal discomfort; however, LANDLORD failure to provide Tenant a notice of the need for any such repair. All repairs under this Paragraph 6.1 shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises made in a reasonable state proper and workmanlike manner and with the use of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesonly first class materials.

Appears in 2 contracts

Samples: Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)

Repairs. In Lessee accepts said premises (including glazing, outside adjacent sidewalks and parking areas, if any) in their present condition, acknowledging same to be in good order and repair; Lessee shall maintain the event said premises in as good order and repair as when received, damage by fire, war, earthquake, or reasonable use and wear thereof, excepted; unless said fire be caused by the negligence of a breakdown Lessee, his employees or invitees. Lessee waives the provisions of Sections 1941 and 1942 of the electrical California Civil Code, or mechanical any other law which would permit Lessee to make repairs at Lessor's expense. Lessee agrees to water, maintain and replace, when necessary, any shrubbery, landscaping, exterior lighting, sprinklers and other such facilities provided by Lessor on the leased premises. If parking and landscaping are provided for an entire building or building site, the maintenance cost of such parking and landscaping, including sweeping service, by a service designated by Lessor shall be prorated on a square footage or other equitable basis as calculated by Lessor. Lessee agrees to pay this cost in addition to the monthly rental. Included in repairs and maintenance for which the Lessee is obligated to pay are: replacement when necessary of light globes, fluorescent tubes, ballasts and starters in all lighting equipment; and for repairs to doors, storefronts and windows, including glazing, door closers, locks and frames, landscape sprinkler system, toilet fixtures, fire sprinkler and fire sprinkler supervisory systems, LANDLORD due to damage from any cause. This list is not intended to be exclusive and shall not limit the general provisions hereof concerning repairs. For the duration of the lease, Lessee agrees to maintain and pay for a service contract which meets the manufacturer's recommendations of the air conditioning and heating systems installed in the leased premises. Lessor shall not be liable for damages obligated to repair minor settlement cracks on walls or personal discomfort; howeverfloor of the leased premises, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also not be responsible for replacing all light bulbs and unclogging the leaking of toilets. Should a plumber be required to unclog said walls due thereto or as the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination result of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesporosity thereof.

Appears in 2 contracts

Samples: Lease (Argonaut Technologies Inc), Lease (Argonaut Technologies Inc)

Repairs. Landlord shall make all interior, exterior and structural repairs, excluding such repairs necessitated by the negligence or improper conduct of Tenant or its invitees, but including maintenance, repair or replacement of the roof, windows and window glass, replacement of light bulbs and fluorescent lamps, elevators, plumbing, and electrical, heating and air conditioning systems, common areas, removal of graffiti from the exterior and interior of the Building and/or the Demised Premises, and all repairs needed because of Landlord's negligence or because of defective materials or workmanship in the construction and/or improvement of the Demised Premises or of the Building of which they are a part. Landlord shall repair and maintain any sidewalks, curbs and passageways adjoining and/or appurtenant to the Demised Premises in good, clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstruction. In the event Landlord fails to fulfill its obligations, Tenant may, in addition to its other remedies, give written notice to Landlord specifying the repairs required by Tenant and Landlord shall commence performance of such work within five (5) business days after the giving of such notice and diligently proceed to complete said work. In the event Landlord fails to so commence or diligently proceed in a breakdown continuous manner to complete said work after said written notice, Tenant, in addition to any other remedy it may have, (i) may, as agent of Landlord, perform the same and deduct the cost thereof from any rent due or that may become due and payable under this Lease, or (ii) withhold an amount of rent equal to 133% of the electrical reasonable cost of such repairs as reasonably determined by Tenant until Landlord performs such repairs to the reasonable satisfaction of Tenant, at which time any amounts so withheld shall be promptly paid to Landlord. Anything to the contrary notwithstanding, in the event the repairs to be performed by the Landlord are required to correct a hazardous condition or mechanical systemsto end an emergency which renders the premises unsuitable for the use set forth herein, LANDLORD Tenant shall not give Landlord, its agent, superintendent or the person designated to receive such notice, immediate notice in writing, personally or by certified mail, and Landlord, shall commence the repairs by the next business day after receipt of such notice ( the making of necessary telephone calls being deemed commencement) and diligently proceed in a continuous manner to complete said work. In the event Landlord fails to commence and complete said work after said notice, as aforesaid, Tenant (i) may, as agent for the Landlord, perform same and deduct the reasonable cost thereof from any rent due or that may become due and payable under this Lease, (ii) may withhold an amount of rent equal to 133% of the reasonable cost of such repairs as reasonably determined by Tenant until Landlord performs such repairs to the reasonable satisfaction of Tenant at which time any amounts so withheld shall be liable promptly paid to Landlord, or (iii) may give Landlord a second notice (the “Second Notice”) of said default to Landlord. Furthermore, in the event Tenant provides a Second Notice to Landlord of Landlord’s default under this Article and Landlord thereafter fails to commence to cure and diligently proceed with continuity to cure said default within fifteen (15) days following receipt of the Second Notice, and as a result of Landlord’s failure, (a) one third (1/3) of the Demised Premises is rendered unusable for damages business purposes and (b) Tenant vacates said portion of the Demised Premises, then Tenant may terminate this Lease on twenty (20) days written notice to Landlord. In the event Tenant is unable to use any part or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without all of the consent Demised Premises because of LANDLORDLandlord's failure to timely perform such work as set forth in the two preceding paragraphs hereof, the xxxx of service will rent shall be reduced, during such period, proportionately to the responsibility of SUBTENANTdiminution in space resulting from such failure. CARE OF RENTED PREMISES SUBTENANT agrees In the event Tenant may still be able to keep use the Rented Demised Premises for the purposes set forth in the Lease but Landlord’s failure to timely make repairs or provide services adversely affects Tenant’s operations within the Demised Premises in a reasonable state of cleanliness and material manner, Tenant shall be liable for the costs of repair of damage entitled, during such period, to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted a bona fide equitable reduction in the residential complex by SUBTENANTrent. SUBTENANT shall also be responsible for replacing all light bulbs Tenant may make such ordinary and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition nonstructural interior repairs as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges deems necessary for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesits occupancy.

Appears in 2 contracts

Samples: Lease Renewal and Amendment Agreement, Lease Renewal and Amendment Agreement (Clipper Realty Inc.)

Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD Sublessee shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out promptly make all repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Subleased Premises not required to be made by Master Landlord pursuant to the Master Lease, including, but not limited to special items and equipment installed by or on behalf of Sublessee. Sublessee shall pay for any repairs to the Subleased Premises or residential complex caused the Building made necessary by the willful any act, neglect, misuse or negligent conduct omission of SUBTENANTduty by Sublessee or its assignees, subtenants, employees, invitees or their respective agents or other occupants of the Premises or persons who are permitted in the residential complex Subleased Premises or on any other portion of the Building by SUBTENANTSublessee, or any of them, and will maintain the Subleased Premises, and will leave the Subleased Premises upon termination of this Sublease, in a safe, clean, neat and sanitary condition. SUBTENANT If Sublessee fails to maintain the Subleased Premises in good order, condition and repair, Sublessor shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be give Sublessee notice to do such acts as are reasonably required to unclog so maintain the toilet(s) Subleased Premises. If Sublessee fails to promptly commence such work and diligently prosecute it to completion, Sublessor shall have the right to do such acts and expend such funds at the expense of Sublessee as are reasonably required to perform such work. Prior to commencing any item of repair or maintenance work which is found connected to be SUBTENANT’S fault, the charge for Building or may affect any structural portion of the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make Building or any alterations to, or decorate the Premisesof its basic systems (including, without LANDLORDlimitation, air conditioning, heating, plumbing, electrical, and light fixtures), Sublessee shall notify Master Landlord and Sublessor and obtain Master Landlord’s and Sublessor’s prior written approval of the contractor who will perform such work. Master Landlord or Sublessor may elect to perform the required work at Sublessee’s cost. All amounts payable by Sublessee to Sublessor pursuant to this Section 9 shall be paid as additional rent within ten (10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the parties hereto acknowledge and shall, upon termination agree that Master Landlord shall remain responsible for the performance of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any all repairs or maintenance expressly required to be done performed by LANDLORDMaster Landlord pursuant to the terms and conditions of the Master Lease (“Landlord’s Repair Obligations”). It is agreed that any request for maintenance or repairs not made via e-mail Sublessee shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except notify both Master Landlord and Sublessor in the case of an emergencyevent that Master Landlord shall fail to perform Landlord’s Repair Obligations. Upon such notification and in addition to such other rights and remedies Sublessor shall have under the Master Lease, Sublessor shall not call on any person not employed by LANDLORD either (i) take reasonable action under the Master Lease to affect any require Master Landlord to perform its obligations thereunder, or (ii) permit Sublessee, with Sublessor’s reasonable cooperation, to enforce Master Landlord’s repair or maintenance of obligations under the PremisesMaster Lease.

Appears in 2 contracts

Samples: Sublease Agreement (Ecost Com Inc), Sublease Agreement (Ecost Com Inc)

Repairs. In If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the event base, shell, and core of the Premises, the Common Areas and the portions of the Project serving the Premises. Such restoration shall be to substantially the same condition of such items as prior to the casualty, except for modifications (a) required by Law; (b) required by the holder of a breakdown mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the electrical or mechanical systemsProject. No such modifications shall materially impair access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, LANDLORD at its sole cost and expense, for the repair, restoration, and replacement of any leasehold improvements installed by Tenant (unless Landlord has elected to insure the same, in which case such repair shall be Landlord’s responsibility) and Tenant’s Property. Landlord shall not be liable for damages or personal discomfort; howeverany loss of business, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toinconvenience, or decorate annoyance arising from any repair or restoration of any portion of the Premises, without LANDLORDthe Building, or the Project as a result of any damage from any casualty. Following Landlord’s prior written approval and shallrepair of the Premises, upon termination of tenancy, remove any alterations and decorating Tenant shall repair and restore the Premises any improvements installed by Tenant to substantially the same condition as it was in on prior to the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANTcasualty, except for modifications required by Law. All work by Tenant shall be subject to the conditions set forth in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesthis Lease governing alterations and additions.

Appears in 2 contracts

Samples: Office Lease (Eargo, Inc.), Office Lease (Quality Systems Inc)

Repairs. In If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the event Premises, the Common Areas and the portions of the Project serving the Premises and Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to the Tenant Improvements and any Alterations; provided that if the cost of the restoration of the Tenant Improvements and any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, as assigned by Tenant to Landlord, such excess shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Further, if the Premises included any above-Building standard improvements as of the Commencement Date and the restoration of such above-Building standard improvements is not covered by the insurance proceeds received by Landlord, the cost of the restoration of such above-Building standard improvements shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Such restoration shall be to substantially the same condition of such items as prior to the casualty, except for modifications (a) required by Law; (b) required by the holder of a breakdown mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the electrical or mechanical systemsProject. No such modifications shall materially impair access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, LANDLORD at its sole cost and expense, for the repair, restoration, and replacement of Tenant’s Property. Landlord shall not be liable for damages or personal discomfort; howeverany loss of business, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toinconvenience, or decorate annoyance arising from any casualty or any repair or restoration of any portion of the Premises, without LANDLORD’s prior written approval and shallthe Building, upon termination or the Project as a result of tenancy, remove any alterations and decorating and restore the Premises damage from any casualty. All work by Tenant shall be subject to the same condition as it was in on the date terms and conditions of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesArticle 11.

Appears in 2 contracts

Samples: Office Lease, Office Lease

Repairs. BROKER is given the right to spend in the amount not to exceed $250.00 in any one month during this agreement to purchase items, cleaning, make repairs, and pay for same out of LANDLORD's funds, and, if inadequate, LANDLORD shall be billed for the difference. After the TENANT vacates and funds are available for use from the TENANT’S security deposit, BROKER is given the right to spend up to the full amount of the monies claimed from the TENANT’S security deposit PLUS the aforementioned amount to purchase items, for cleaning, to make repairs, pay for repairs, and, if inadequate, LANDLORD shall be billed for the difference. In case of emergency, i.e. air conditioning, heat, refrigerator, range or plumbing or any other repair the BROKER deems an emergency and or necessary in BROKER's sole judgment for the safety of the TENANT (S) or the welfare of the property, BROKER has authority to institute repairs, even if over the aforementioned limit and LANDLORD agrees to be responsible for the sums expended. In the event repairs are made, BROKER shall withhold the amount disbursed from the next ensuing rent payment or from any rents received but not yet forwarded to LANDLORD. BROKER will arrange for all repairs, inspections, maintenance and cleanings, unless LANDLORD has notified BROKER in writing prior to the commencement of repairs to use someone else that LANDLORD has selected, and LANDLORD makes arrangements with third party direct. LANDLORD agrees that they shall pay third party direct and shall indemnify and hold BROKER harmless for payment of same. BROKER uses only licensed and insured vendors for maintenance and repairs to rental properties. In some instances a breakdown licensed and insured vendor may also be related to an agent or staff member of ALL CITRUS RENTALS AND SALES LLC AND THE XXXXXXXX GROUP. Landlord hereby consents to their use at the discretion of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesBROKER.

Appears in 2 contracts

Samples: Management Agreement, Management Agreement

Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD shall not be liable required to keep any portion of the Leased Premises in proper repair. Any work on the structural portions of the Leased Premises required for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service any reason will be performed at the responsibility expense of SUBTENANTTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to Structural portions shall be defined as bearing walls, beams, roofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Rented Leased Premises in good repair including, but not limited to, all electrical, plumbing, heating, air conditioning (which shall include normal replace of heating and air conditioning filters at least once a reasonable state of cleanliness year), signs and shall be liable for other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the costs of repair of damage to Leased Premises at the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants expiration of the Premises or persons who are permitted term, in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same as good condition as it was in on the date of commencement of this Tenancy Agreementwhen received, reasonable excepting ordinary wear and tear exceptedand damage by fire or insured casualty. See Schedule 2 - Damage/Other Charges When used in this paragraph, the term “repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the Leased Premises or any part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation therein. Upon the commencement of the term of this Lease, LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for charges that may applyheating and air conditioning units or facilities within the Leased Premises. MAINTENANCE SUBTENANT covenants TENANT agrees to advise LANDLORD, via e-mail, be solely responsible for and thereafter to repair and to maintain the structural portions of the Leased Premises to or on which TENANT has caused any repairs or maintenance required work to be done by LANDLORDor alteration made. It is agreed that any request TENANT will obtain from reliable companies and keep in force, the typical service contracts of such companies providing for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance inspection and servicing of the Premisesheating and air conditioning equipment. All repairs, and/or replacements made by TENANT shall be of the same quality, design and class as the original work.

Appears in 2 contracts

Samples: Agreement (Bryn Mawr Bank Corp), Bryn Mawr Bank Corp

Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a breakdown Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the electrical 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 mechanical systemsrepair all damaged, LANDLORD 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. 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 liable for damages required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog the toilet(s) do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases any and all rights it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of have at law or before a tribunal in equity to make repairs at the expense of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesLandlord.

Appears in 2 contracts

Samples: Office Lease (Motricity Inc), Office Lease (Motricity Inc)

Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD Sublessee shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out promptly make all repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Subleased ------- Premises not required to be made by Master Landlord pursuant to the Master Lease, including, but not limited to special items and equipment installed by or on behalf of Sublessee. Sublessee shall pay for any repairs to the Subleased Premises or residential complex caused the Building made necessary by the willful any act, neglect, misuse or negligent conduct omission of SUBTENANTduty by Sublessee or its assignees, subtenants, employees, invitees or their respective agents or other occupants of the Premises or persons who are permitted in the residential complex Subleased Premises or on any other portion of the Building by SUBTENANTSublessee, or any of them, and will maintain the Subleased Premises, and will leave the Subleased Premises upon termination of this Sublease, in a safe, clean, neat and sanitary condition. SUBTENANT If Sublessee fails to maintain the Subleased Premises in good order, condition and repair, Sublessor shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be give Sublessee notice to do such acts as are reasonably required to unclog so maintain the toilet(s) Subleased Premises. If Sublessee fails to promptly commence such work and diligently prosecute it to completion, Sublessor shall have the right to do such acts and expend such funds at the expense of Sublessee as are reasonably required to perform such work. Prior to commencing any item of repair or maintenance work which is found connected to be SUBTENANT’S fault, the charge for Building or may affect any structural portion of the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make Building or any alterations to, or decorate the Premisesof its basic systems (including, without LANDLORD’s limitation, air conditioning, heating, plumbing, electrical, and light fixtures), Sublessee shall notify Master Landlord and Sublessor and obtain Master Landlord's and Sublessor's prior written approval of the contractor who will perform such work. Master Landlord or Sublessor may elect to perform the required work at Sublessee's cost. All amounts payable by Sublessee to Sublessor pursuant to this Section 10 shall be ---------- paid as Additional Rent within ten (10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the parties hereto acknowledge and shall, upon termination agree that Master Landlord shall remain responsible for the performance of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any all repairs or maintenance expressly required to be done performed by LANDLORDMaster Landlord pursuant to the terms and conditions of the Master Lease ("Landlord's Repair Obligations"). It is agreed that any request for maintenance or repairs not made via e-mail Sublessee shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except notify both Master Landlord and Sublessor in the case of an emergencyevent that Master Landlord shall fail to perform Landlord's Repair Obligations. Upon such notification and in addition to such other rights and remedies Sublessor shall have under the Master Lease, Sublessor shall not call on any person not employed by LANDLORD either (i) take reasonable action under the Master Lease to affect any require Master Landlord to perform its obligations thereunder, or (ii) permit Sublessee, with Sublessor's reasonable cooperation, to enforce Master Landlord's repair or maintenance of obligations under the PremisesMaster Lease.

Appears in 2 contracts

Samples: Sublease Agreement (Ubid Inc), Sublease Agreement (Ubid Inc)

Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD Sublessee shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out promptly make all repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Subleased ------- Premises not required to be made by Master Landlord pursuant to the Master Lease, including, but not limited to special items and equipment installed by or on behalf of Sublessee. Sublessee shall pay for any repairs to the Subleased Premises or residential complex caused the Building made necessary by the willful any act, neglect, misuse or negligent conduct omission of SUBTENANTduty by Sublessee or its assignees, subtenants, employees, invitees or their respective agents or other occupants of the Premises or persons who are permitted in the residential complex Subleased Premises or on any other portion of the Building by SUBTENANTSublessee, or any of them, and will maintain the Subleased Premises, and will leave the Subleased Premises upon termination of this Sublease, in a safe, clean, neat and sanitary condition. SUBTENANT If Sublessee fails to maintain the Subleased Premises in good order, condition and repair, Sublessor shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be give Sublessee notice to do such acts as are reasonably required to unclog so maintain the toilet(s) Subleased Premises. If Sublessee fails to promptly commence such work and diligently prosecute it to completion, Sublessor shall have the right to do such acts and expend such funds at the expense of Sublessee as are reasonably required to perform such work. Prior to commencing any item of repair or maintenance work which is found connected to be SUBTENANT’S fault, the charge for Building or may affect any structural portion of the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make Building or any alterations to, or decorate the Premisesof its basic systems (including, without LANDLORD’s limitation, air conditioning, heating, plumbing, electrical, and light fixtures), Sublessee shall notify Master Landlord and Sublessor and obtain Master Landlord's and Sublessor's prior written approval of the contractor who will perform such work. Master Landlord or Sublessor may elect to perform the required work at Sublessee's cost. All amounts payable by Sublessee to Sublessor pursuant to this Section 10 shall be paid as Additional Rent within ---------- ten (10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the parties hereto acknowledge and shall, upon termination agree that Master Landlord shall remain responsible for the performance of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any all repairs or maintenance expressly required to be done performed by LANDLORDMaster Landlord pursuant to the terms and conditions of the Master Lease ("Landlord's Repair Obligations"). It is agreed that any request for maintenance or repairs not made via e-mail Sublessee shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except notify both Master Landlord and Sublessor in the case of an emergencyevent that Master Landlord shall fail to perform Landlord's Repair Obligations. Upon such notification and in addition to such other rights and remedies Sublessor shall have under the Master Lease, Sublessor shall not call on any person not employed by LANDLORD either (i) take reasonable action under the Master Lease to affect any require Master Landlord to perform its obligations thereunder, or (ii) permit Sublessee, with Sublessor's reasonable cooperation, to enforce Master Landlord's repair or maintenance of obligations under the PremisesMaster Lease.

Appears in 2 contracts

Samples: Sublease Agreement (Ubid Inc), Sublease Agreement (Creative Computers Inc)

Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), or 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 event 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 (including to the extent that such repairs are required due to the negligence or willful misconduct of Landlord); provided, however, that if such repairs are due to the negligence or willful misconduct of Landlord, Tenant shall nevertheless make such repairs at Landlord’s expense, or, if covered by Tenant’s insurance, Landlord shall only be obligated to pay any deductible in connection therewith. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make repairs that are its responsibility to repair, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a breakdown percentage of the electrical 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 mechanical expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for 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 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 Building 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 liable for damages required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, do by governmental or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via equasi-mail, of any repairs governmental authority or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance court order or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesdecree.

Appears in 2 contracts

Samples: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)

Repairs. In Landlord shall, at Landlord’s expense, maintain and repair the event Building (including the Building systems) and the Land, except to the extent of a breakdown Tenant’s responsibility set forth in this Article. Tenant shall, at Tenant’s expense, subject to the provisions of this lease, including Article 5, as if part of Tenant’s Work, maintain and repair the electrical or mechanical systemsPremises (including any lavatories within the Premises) and all Building systems within and serving only the Premises, LANDLORD shall subject to reasonable wear and tear and damage for which Tenant is not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligenceresponsible pursuant to this lease. If SUBTENANT hires a service person without the consent Premises are on street level with an entry from the street directly into the Premises, Tenant shall, at Tenant’s expense (a) maintain and repair the sidewalks abutting the Premises and (b) keep those sidewalks free of LANDLORDrubbish, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises snow, ice and other obstructions, and otherwise in a safe and clean condition, subject to reasonable state of cleanliness wear and shall be liable tear and damage for the costs of repair of which Tenant is not responsible pursuant to this lease. Subject to Section 13.4, all damage to the Rented Premises Building (including the Building systems) or residential complex caused the Land resulting from any act or omission of Tenant or Tenant’s employees or contractors, shall be repaired, at Tenant’s expense, by Tenant to the willful or negligent conduct reasonable satisfaction of SUBTENANTLandlord or, other occupants at Landlord’s option, by Landlord. Tenant shall give prompt notice to Landlord if any portion of the Premises or persons who are permitted any Building system within the Premises requires repair. Tenant shall, at Tenant’s expense, cause vermin within the Premises to be exterminated (as reasonably required by Landlord). Landlord shall have no liability to Tenant, there shall be no abatement of the Rent and there shall not be deemed to be any actual or constructive eviction of Tenant arising from Landlord performing any repairs or other work to any portion of the Building (including the Premises or the Building systems). Landlord shall perform such repairs or other work in a manner which minimizes interference with the conduct of Tenant’s business in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs Premises and unclogging of toilets. Should a plumber be required damage to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORDTenant’s prior written approval Work and shallTenant’s Property (all of which shall promptly be repaired by Landlord, upon termination of tenancyat its expense), remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance but Landlord is not required to be done by LANDLORD. It is agreed that any request for maintenance employ overtime labor or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesincur additional expenses.

Appears in 2 contracts

Samples: Office Lease, Office Lease

Repairs. In During the event continuance of a breakdown of the electrical or mechanical systemsthis Sublease, LANDLORD Subtenant shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Subleased Premises and appurtenances in good order and repair; shall keep the Subleased Premises and appurtenances in a reasonable state of cleanliness and wholesome condition without charge or expense to Sublandlord; shall be liable pay for the costs of repair of damage all damages to the Rented Premises Building as well as damages to the tenants or residential complex occupants thereof caused by the willful any waste, misuse or negligent conduct neglect of SUBTENANTsaid Subleased Premises, other occupants of the Premises its apparatus or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs appurtenances; and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make nor allow to be made any alterations tochange, alteration or decorate addition, in, upon or to said Subleased Premises without the written consent of Sublandlord and Primary Landlord for that purpose first had and obtained. Upon the expiration or earlier termination of Subtenant's right to possession of the Subleased Premises, without LANDLORD’s prior written approval Subtenant shall surrender to Sublandlord the Subleased Premises in as good condition and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition repair as it was in on the date of commencement of this Tenancy AgreementCommencement Date, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants , and all alterations, fixtures (other than Subtenant's trade fixtures) and improvements shall remain with, and become the property of, Sublandlord unless Subtenant is directed by Sublandlord in writing to advise LANDLORD, via e-mail, remove the same prior to the expiration or termination of any repairs or maintenance required Subtenant's right to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance possession of the Subleased Premises. If Subtenant fails to leave the Subleased Premises in such condition, then Sublandlord shall have the right to repair and restore the same to such condition and Subtenant shall reimburse Sublandlord for the cost thereof plus fifteen percent (15%).

Appears in 2 contracts

Samples: Sublease Agreement (Privatebancorp Inc), Sublease Agreement (Privatebancorp Inc)

Repairs. In (a) Landlord shall maintain in good operating order and keep in good repair and condition, in a manner consistent with the event maintenance and operations standards employed by landlords of a breakdown Comparable Buildings, as part of Basic Services shall be limited to (i) the structural portions of the electrical Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing, sprinkler, HVAC and life safety systems except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant exclusively and were not part of the base Building core infrastructure and any supplemental heating and air conditioning systems (including all plumbing connected to said facilities or mechanical systemssystems located in the Premises), LANDLORD and (v) Common Areas. Landlord shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs deemed to have breached any obligation with reasonable diligence. If SUBTENANT hires a service person without respect to the consent condition of LANDLORD, any part of the xxxx Project unless Tenant has given to Landlord written notice of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in any required repair and Landlord has not made such repair within a reasonable state time following the receipt by Landlord of cleanliness and such notice. The foregoing notwithstanding: (i) Landlord shall not be liable for the costs of required to repair of damage to any of the Rented Premises or residential complex foregoing to the extent caused by the negligence or willful misconduct of Tenant or negligent conduct it agents, employees or contractors, except to the extent covered by insurance carried by Landlord; and (ii) the obligations of SUBTENANT, other occupants Landlord pertaining to damage or destruction by casualty shall be governed by the provisions of Paragraph 9. Landlord shall have the Premises or persons who are permitted in right but not the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging obligation to undertake work of toilets. Should a plumber be repair that Tenant is required to unclog the toilet(s) perform under this Lease and it is found that Tenant fails or refuses to be SUBTENANT’S fault, the charge perform in a timely and efficient manner. All costs incurred by Landlord in performing any such repair for the plumber will account of Tenant shall be repaid by Tenant to Landlord within thirty (30) days of demand, together with an administration fee equal to ten percent (10%) of such costs. Except as expressly provided in Paragraphs 9 and 12 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 SUBTENANT’S responsibility. SUBTENANT shall not make making of any repairs, alterations to, or decorate improvements in or to any portion of the Premises, without LANDLORDthe Building or the Project. Tenant waives the right to make repairs at Landlord’s prior written approval expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and shall, upon termination any successive sections or statutes of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisessimilar nature).

Appears in 2 contracts

Samples: Office Lease (Sienna Biopharmaceuticals, Inc.), Office Lease (Sienna Biopharmaceuticals, Inc.)

Repairs. In (a) LESSEE'S REPAIRS. By entry hereunder, Lessee shall be deemed to have accepted the event Premises, including without limitation the hearing and air conditioning system as being in good, sanitary order, condition and repair. Lessee shall, at Lessee's sole cost and expense, keep the Premises and every part thereof in good condition and repair (except as hereinafter provided with respect to Lessor's obligations) including without limitation, the maintenance, replacement and repair of a breakdown any storefront, doors, window casements, glazing, hearing and air-conditioning system (when there is an air-conditioning system, Lessee shall obtain and maintain in full force and effect at all times during the term of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires this lease a service person without contract for repairs amid maintenance of said system, said maintenance contract shall conform to the consent of LANDLORDrequirements under the warranty, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness if any, on said system and shall be liable for in a form approved and with a company designated by lessor, unless Lessor elects to obtain such a contract, in which event the costs cost of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANTsuch contract shall be included as an Adjustment under Article 9 - upon request, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT Lessee shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found deposit with Lessor reasonably satisfactory evidence that any such contract to be SUBTENANT’S faultmaintained by Lessee has been obtained by Lessee and then is in full force and effect, the charge for the plumber will be the SUBTENANT’S responsibilityincluding without limitation, a copy of such contract), plumbing pipes, electrical wiring and conduits. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and Lessee shall, upon the expiration or sooner termination of tenancythis Lease hereof, remove any alterations and decorating and restore surrender the Premises to the same condition as it was Lessor in on the date of commencement of this Tenancy Agreementgood condition, reasonable broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Lessee excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail Lessee shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD also sweep and maintain in a court of law or before a tribunal of competent jurisdictionneat and sightly condition the sidewalks adjacent to the Premises and any exterior trash enclosure provided for Lessee's use. It is further agreed that, upon written notice Any damage to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake adjacent premises caused by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance Lessee's use of the PremisesPremises shall be repaired at the sole cost and expense of Lessee. Lessee hereby waives any right to make repairs at the expense of Lessor pursuant to Section 1942 of the Civil Code of the State of California and all rights provided for by Section 1941 of said Civil Code.

Appears in 2 contracts

Samples: Crane Realty Services (Futon World Inc), Crane Realty Services (Futon World Inc)

Repairs. In Landlord shall maintain and repair the event exterior of a breakdown and the public portions of the electrical Building and all Building systems servicing the Demised Premises. Tenant shall, throughout the term of this lease, take good care of the Demised Premises including the windows and window frames and the fixtures, appurtenances and Improvements therein and at Tenant’s sole cost and expense promptly make all repairs thereto and to the Building, whether structural or mechanical systemsnon-structural in nature, LANDLORD caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant’s servants, employees, invitees, or licensees. Tenant shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of also repair of all damage to the Rented Building and the Demised Premises or residential complex caused by the willful moving of Tenant’s fixtures, furniture or negligent conduct equipment. All the aforesaid repairs shall be of SUBTENANT, other occupants of the Premises quality or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises class equal to the same condition as it was in on the date of commencement of this Tenancy Agreementoriginal work or construction. If Tenant fails, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants after ten (10) days notice, to advise LANDLORD, via e-mail, of any proceed with due diligence to make repairs or maintenance required to be done made by LANDLORDTenant, the same may be made by the Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible, as additional rent, after rendition of a xxxx or statement therefor. It is agreed that If the Demised Premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Landlord prompt notice of any request defective condition in any plumbing, heating system or electrical lines leading to the Demised Premises and following such notice, Landlord shall remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant’s servants, agents, employees, invitees or licensees as aforesaid. To the extent any plumbing, heating system or electrical lines or other like installations are installed by Tenant, Landlord shall have no responsibility to repair and maintain the same, the repair and maintenance of said installations being Tenant’s sole responsibility. There shall be no allowance to the Tenant for maintenance a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the Building or the Demised Premises or in and to the fixtures, appurtenances or equipment thereof. The provisions of this Article 4 with respect to the making of repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except apply in the case of an emergency, fire or other casualty with regard to which Article 9 shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesapply.

Appears in 2 contracts

Samples: www.sec.gov, Office Lease (Neutral Tandem Inc)

Repairs. In 7.01. Tenant shall, at its sole cost and expense, be responsible for the event of a breakdown maintenance and repair of the electrical demised premises (including all bathrooms and other sanitary facilities located therein), and keep same in good order and condition, including all necessary painting and decorating, and make such repairs to the demised premises and the fixtures and appurtenances therein as and when needed to preserve them in good working order and condition (except that as to structural repairs, Landlord shall be obligated to make same unless they are necessitated by any act, omission, occupancy or mechanical systemsnegligence of Tenant in violation of Tenant’s obligation under this Lease or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, LANDLORD in which case Tenant shall be so obligated). Tenant shall keep all glass, including windows, doors and skylights, clean and in good condition and repair and Tenant shall replace any glass that may be damaged with glass of the same kind and quality. Tenant shall have no obligation for cleaning exterior glass or replacing any damaged exterior glass other than that damaged by an act of Tenant. All damage or injury to the Property caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. Tenant shall promptly make all repairs in or to the demised premises or the Property for which Tenant is responsible, provided that any repairs required to be made to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall be performed only by Landlord. Landlord represents that, as of the date hereof, the Building systems which service the demised premises, including the mechanical, electrical, sanitary, heating, ventilating and air-conditioning Building systems which service the demised premises, are in good working order and condition. Tenant shall not be liable responsible for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants any existing violations of the Premises or persons who are permitted in current provisions of Legal Requirements, including the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesAmericans with Disabilities Act.

Appears in 2 contracts

Samples: Agreement (Scynexis Inc), Office Lease (Optimer Pharmaceuticals Inc)

Repairs. In the event of a breakdown property loss which may be repaired within one hundred twenty (120) days from the date of the electrical or mechanical systemsdamage, LANDLORD or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Premises to as near the condition as existed prior to the property loss as practicable. Landlord shall not be liable for damages required to repair or personal discomfort; howeverreplace any damage or loss by or from fire or other cause to any panelings, LANDLORD decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Premises by, or belonging to, Tenant. Such partial destruction shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and no way annul or void this Lease except that Tenant shall be liable for entitled to a proportionate reduction of Minimum Monthly Rent following the costs property loss and until the time the Premises are restored. Such reduction shall be based on the ratio that the square footage of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants damaged portion of the Premises or persons who are permitted bears to the total square footage of the Premises. So long as Tenant conducts its business in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORDthere shall be no abatement until the parties agree on the amount thereof. 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 written approval and shall, upon termination to commencement of tenancy, remove any alterations and decorating and restore the Premises Term hereof. Notwithstanding anything to the same condition as it was contrary contained in this Lease, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises, Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall 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 commencement such damage as if the date of such damage were the date originally fixed in this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges Lease for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance expiration of the PremisesTerm.

Appears in 2 contracts

Samples: Office Lease (Sphere 3D Corp), Office Lease (Insweb Corp)

Repairs. In 11A. By entry hereunder, Tenant shall be deemed to have accepted the event Premises as being in good sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair including without limitation, the maintenance, replacement and repair of any storefront, doors, windows casements, glazing, heating and air-conditioning system (when there is an air-conditioning system). Tenant shall obtain a breakdown service contract for repairs and maintenance of said system, said maintenance contract to conform to the requirements under the warranty, if any, on said system), plumbing, pipes, electrical wiring and conduits. Tenant shall, upon the expiration or sooner termination of this Lease hereof, surrender the Premises to the Landlord in good condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Any damage to adjacent premises caused by Tenant's use of the electrical Premises shall be repaired at the sole cost and expense of Tenant. 11B. Notwithstanding the provisions of Article 11A herein- above, Landlord shall repair and maintain the structural portions of the Building, including the exterior walls and roof, unless such maintenance and repairs are caused in part or mechanical systemsin whole by the act, LANDLORD neglect, fault or omission of any duty by the Tenant, its agents, servants, employees, invitee, or any damage caused by breaking and entering, in which case Tenant shall pay to Landlord the actual cost of such maintenance and repairs. Landlord shall not be liable for damages any failure to make such repairs or personal discomfort; howeverto 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 25 hereof, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and there shall be liable for no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the costs making of repair any repairs, alterations or improvements in or to any portion of damage to the Rented Premises Building or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in or to fixtures, appurtenances and equipment therein. Tenant waives the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required right to unclog the toilet(s) and it is found to be SUBTENANT’S faultmake repairs at Landlord's expense under any law, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, statute or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was ordinance now or hereafter in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseffect.

Appears in 1 contract

Samples: Northern Empire Bancshares

Repairs. In 14.1 Subject to the event provisions of Paragraph 12, by entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant shall, when and if needed, at Tenant's sole cost and expense, maintain and make all repairs to the Premises and every part thereof, to keep, maintain and preserve the Premises in first class condition, excepting ordinary wear and tear, casualties, condemnation and acts of God. Any such maintenance and repairs shall be performed by Landlord's contractor, or a breakdown contractor or contractors reasonably approved in advance in writing by Landlord. All costs and expenses incurred in such maintenance and repair shall be paid by Tenant within twenty (20) days after receipt of billing by Landlord or such contractor or contractors. Tenant shall upon the expiration or sooner termination of the electrical Term hereof surrender the Premises to Landlord in the same condition as when received, reasonable wear and tear, casualties, condemnation, Hazardous Materials not existing, released or mechanical systemsdisbursed by Tenant or any of its employees, LANDLORD agents, contractors or invitees, acts of God and Changes not required to be removed excepted. Landlord shall not be liable for damages have no obligation to alter, remodel, improve, repair, decorate or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without paint the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by any part thereof and the willful or negligent conduct of SUBTENANT, other occupants parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or persons who are permitted the Building except as specifically herein set forth or in the residential complex by SUBTENANTTenant's Work Letter. SUBTENANT Notwithstanding anything set forth above in this Paragraph to the contrary, Tenant shall also be responsible for replacing all light bulbs have no obligation to install, maintain, repair or replace any of the structural elements or systems of the Building (including, without limitation, the Building Systems, as defined above), unless such work is required due to Tenant's specific use or misuse of the Premises. Notwithstanding any provision to the contrary contained in this Lease, as part of its maintenance and unclogging of toilets. Should a plumber repair obligations, Tenant shall not be required to unclog construct or pay the toilet(scost of (i) and it is found to be SUBTENANT’S faultcomplying with any laws existing as of the Commencement Date, including without limitation, all Hazardous Materials Laws (as defined below) regarding the charge for presence of Hazardous Materials, unless the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations tosame are stored, used or decorate disposed of by Tenant, its agents, invitees or employees on, in, under or about the Premises, without LANDLORD’s prior written approval and shall, upon termination ; or (ii) the correction of tenancy, remove any alterations and decorating and restore condition existing on the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.Commencement Date;

Appears in 1 contract

Samples: Organic Inc

Repairs. In the event of a breakdown of the electrical or mechanical systems(a) Landlord shall maintain, LANDLORD shall not be liable for damages or personal discomfort; howeverin good order, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness condition and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementrepair, reasonable wear and tear and damage by casualty or eminent domain excepted, as part of Basic Services, the following: (i) the structural portions of the Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof foundation and facades of the Building, (iv) all Building Systems, (v) the base building lavatories, (vi) the Common Areas, and (vii) all base building fire and life safety systems, sprinklers and smoke detectors. See Schedule 2 - Damage/Other Charges Landlord shall not be deemed to have breached any obligation with respect to the condition of any part of the Land or Building unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a commercially reasonable time following the receipt by Landlord of such notice. The foregoing notwithstanding, (i) Tenant shall pay for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, the cost of any repairs as a result of damage to any of the foregoing to the extent caused by the negligent acts or maintenance required omissions of Tenant or it agents, employees or contractors, except to the extent such repairs are covered by insurance carried by Landlord pursuant to the provisions of Paragraph 8(e) below; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be done governed by LANDLORDthe provisions of Paragraph 9. It is agreed Landlord shall have the right but not the obligation to undertake work of repair that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD Tenant is required to undertake by law or perform under this AgreementLease and that Tenant fails or refuses to perform after delivery of notice and expiration of any applicable grace periods. All costs incurred by Landlord in performing any such repair for the account of Tenant shall be repaid by Tenant to Landlord upon demand, SUBTENANTtogether with an administration fee equal to fifteen percent (15%) of such costs. There shall be no abatement of Rent, except 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 the case of an emergency, shall not call on or to any person not employed by LANDLORD to affect any repair or maintenance portion of the Premises, the Building or the Land. Tenant waives the right to make repairs at Landlord’s expense under any Law now or hereafter in effect.

Appears in 1 contract

Samples: Sublease (Karuna Therapeutics, Inc.)

Repairs. In Subject to Landlord’s repair obligations and utilities and services to be provided by Landlord as set forth in this Lease, Tenant shall, at Tenant’s own expense, keep the event of a breakdown interior of the electrical Premises, including all tenant improvements, fixtures and furnishings therein, and the floor or mechanical systemsfloors of the Building on which the Premises are located, LANDLORD 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 percentage of the cost thereof (to be uniformly established for the Building and/or 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. 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 systems and equipment and all Common Areas 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 make such repairs at Tenant’s expense, and, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be liable for damages required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog 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 toilet(s) and it is found to be SUBTENANT’S faultCalifornia Civil Code or under any similar law, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations tostatute, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was ordinance now or hereafter in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseffect.

Appears in 1 contract

Samples: And Attornment Agreement (Epicor Software Corp)

Repairs. In Sublessor shall have no obligation whatsoever to make or to pay ------- the event cost of a breakdown any alterations, improvements or repairs to the Sublease Premises including without limitation any improvement or repair required to comply with any law, regulation, building code or ordinance (including the ADA), to the extent such compliance is triggered by Sublessee's Improvements, and subject to the provisions of Section 5.2 (which provides, inter alia, that Sublessor shall pay fifty percent (50%) of such costs), except to the extent such compliance is Master Lessor's obligation under the Master Lease. Notwithstanding the foregoing, if Master Lessor fails to perform its obligations in accordance with the terms of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out Master Lease with regard to repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Sublease Premises, then Sublessor, upon receipt of written notice from Sublessee of any such failure, shall make commercially reasonable efforts to have Master Lessor perform its obligations of under the Master Lease with respect to repairs and maintenance of the Sublease Premises; provided, however, that Sublessor shall not be required to spend more than a nominal sum in connection with any such efforts. Such nominal sum shall be limited to all costs associated with the preparation of and transmittal to Master Lessor of documentation from Sublessor or Sublessor's attorneys detailing the obligations to be performed by Master Lessor under the Master Lease). If, after receipt of written request from Sublessee, Sublessor fails or refuses to take such action ("Action"), and provided that the rights of Sublessor as tenant under the Master Lease are conferred upon and assigned to Sublessee, then Sublessee shall be subrogated to such rights to the extent that the same shall apply to the Sublease Premises. If any such Action against Master Lessor by Sublessee in its own name is barred by reason of lack of privity, nonassignability or otherwise, then Sublessee may take such Action in Sublessor's name, provided that Sublessee has obtained Sublessor's prior written consent (which consent shall not be unreasonably withheld) and provided further that Sublessee shall indemnify, protect, defend (by counsel reasonably satisfactory to Sublessor) and hold Sublessor harmless from and against any and all liability, loss, claims, demands, suits, penalties or damages (including without limitation reasonable attorneys' fees and expenses).which Sublessor may incur or suffer by reason of such Action, except to the extent due to Sublessor's negligent acts or omissions.

Appears in 1 contract

Samples: Sublease (Extreme Networks Inc)

Repairs. In (i) Landlord shall maintain and repair the event of a breakdown public portions of the electrical building, both exterior and interior. Notwithstanding anything else contained herein, Landlord shall have no obligation to pay a premium or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs overtime pay in connection with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, performance of any repairs or maintenance required to be done performed by LANDLORDLandlord herein. It is agreed that Tenant shall, throughout the term of this Lease, take good care of the Premises and the fixtures and appurtenances therein and at Tenant's 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 and other casualty, excepted. The term "appurtenances" in this Article 8 shall include, without limitation, (i) all horizontal portions of the systems and facilities of the Building within or exclusively serving the Premises, including, without limitation, ductwork, VAV boxes and light fixtures and (ii) all Alterations made by or on behalf of Tenant or any request person claiming through or under Tenant. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees or licensees, shall be repaired promptly by Tenant at its sole cost and expense, to the satisfaction of Landlord reasonably exercised. Tenant shall also repair all damage to the building and the Premises caused by the moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails after ten days' notice to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord at the expense of Tenant and the expenses thereof incurred by Landlord shall be collectible as additional rent after rendition of xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating system or electrical lines located in, servicing or passing through the Premises and following such notice, unless the repair thereof shall be the obligations of Tenant hereunder, Landlord shall remedy the condition with due diligence but at the expense of Tenant if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided in Article 13 or elsewhere in this Lease, there shall be no allowance to Tenant for maintenance a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the building or the Premises or in and to the fixtures, appurtenances or equipment thereof. The provisions of this Article 8 with respect to the making of repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except apply in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair fire or maintenance of the Premisesother casualty which are dealt with in Article 13 hereof.

Appears in 1 contract

Samples: Lease Commencement Agreement (Techsys Inc)

Repairs. In 7.1. Tenant shall, at its sole cost and expense, make such repairs to the event demised premises and the fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of a breakdown Tenant or by normal wear and tear or by the use of the electrical demised premises in a manner contrary to the purposes for which same are leased to Tenant or mechanical systemsthe performance of Alterations by or for Tenant, LANDLORD as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.04 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, 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, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations but Tenant shall not be liable for damages or personal discomfort; however, LANDLORD responsible and Landlord shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging any such repairs, restorations or replacements as are required by Landlord's negligence or willful misconduct except to the extent that Tenant shall be compensated therefor by the proceeds of toiletsinsurance or would be compensated thereof or if it had obtained the insurance coverage required under Article 9 hereof. Should a plumber If Tenant fails to make such repairs, restoration or replacements for which Tenant is responsible hereunder, then, upon ten (10) days prior notice (except that no such notice shall be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency), same may be made by Landlord at the expense of Tenant and such expense shall not call on any person not employed be collectible as additional rent and shall be paid by LANDLORD to affect any repair or maintenance Tenant within 20 days after rendition of a xxxx therefor. The exterior walls of the PremisesBuilding, the portions of any window xxxxx outside the 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.

Appears in 1 contract

Samples: Agreement of Lease (Priceline Com Inc)

Repairs. In the event of a breakdown The Tenant shall take good care of the electrical or mechanical systemsPremises and the fixtures therein and shall keep the Premises in good order, LANDLORD shall not be liable for damages or personal discomfort; howevercondition, LANDLORD shall carry out repairs with reasonable diligenceand repair at the Tenant's expense during the term of this Lease, including the replacement of all interior broken glass. If SUBTENANT hires a service person without Exterior glass broken by the consent of LANDLORD, the xxxx of service Tenant will be replaced by Landlord, at Tenant's sole cost and expense and the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep Tenant shall promptly pay the Rented Premises in a reasonable state of cleanliness and shall be liable Landlord for the costs thereof as additional rent for glass of repair the same size and quality. If the Tenant does not make necessary repairs within a reasonable time and adequately, the Landlord may, but need not, make such repairs and the Tenant shall promptly pay the Landlord for the costs thereof as additional rent. On the expiration or early termination or cancellation of damage this Lease, the Tenant shall surrender the Premises and the Landlord's fixtures in as good condition as of the time of delivery to the Rented Premises Tenant, subject to reasonable wear and tear. All injury to the Building or residential complex fixtures caused by moving of the Tenant in and out of the Building and any and all breakage or any other injury whatsoever to the Building, fixtures or to the property of any Tenants of the Building caused by the willful Tenant and any damage done by water, steam, electricity, fire, or negligent conduct other substance to the Building or fixtures, or to the property of SUBTENANT, other occupants Tenants in the Building caused by the Tenant may be repaired by the Landlord at the expense of the Premises or persons who are permitted in Tenant, and the residential complex cost thereof shall become due and payable by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging the Tenant as additional rent upon the delivery of toilets. Should a plumber be required statement of such costs by the Landlord to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toTenant, or decorate mailing the Premisessame, without LANDLORD’s prior written approval and shallpostage prepaid, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear exceptedTenant at its last known address. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises15.

Appears in 1 contract

Samples: Lease Agreement (MFB Corp)

Repairs. In Subject to clause 23.10, the Tenant accepts the Property at the Date of Entry in the condition shown in the Ingo Schedule of Condition and fit for the purpose for which it is let and undertakes at all times throughout the Term at the Tenant's expense and to the reasonable satisfaction of the Landlord to repair, maintain, decorate, cleanse, glaze, point and where necessary (due to the same being beyond economic repair) renew, rebuild and reinstate and generally in all respects to look after the Property and every part thereof with all necessary maintenance, cleansing and rebuilding and renewal works and amendments whatsoever damage by any Insured Risks for which the Landlord is indemnified under any insurance policy effected hereunder being excepted from this obligation save to the extent that the payment of insurance monies shall have been refused or withheld in whole or in part by reason of the act, neglect, default or omission of the Tenant or any other person for whom the Tenant is legally responsible and the Tenant has not made good the amount rendered so irrecoverable in terms of clause 9.3 (f) and save further for any excesses payable under such policy or policies. Provided that (a) in the event of a breakdown any works being required under this clause 23.1 which do or may also affect any neighbouring or adjoining property of the electrical Landlord, the Tenant shall be bound to give written notice thereof to the Landlord as soon as reasonably practicable and the works shall be carried out by or mechanical systemsas shall be directed by the Landlord but without prejudice to the Tenant's liability to meet the proper and reasonable cost or an appropriate share thereof as determined by the Landlord’s Surveyor on a fair and equitable basis and (b) in carrying out any works whatsoever to the Property the Tenant shall use best quality appropriate materials and (c) any warranty by the Landlord, LANDLORD whether express or implied and whether under statute or common law or otherwise that the Property is reasonably fit for the purpose for which it is let is expressly excluded. The Tenant shall not be liable for damages to repair, reinstate, renew or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without rebuild the consent of LANDLORD, Property or any part thereof to the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for extent that the costs of repair of damage remedying any disrepair, reinstating, renewing or rebuilding are recoverable by the Landlord pursuant to the Rented Premises Policy. The Tenant shall keep the external areas of the Property in a clean and tidy condition and not allow any rubbish or residential complex caused waste to be left there. The Tenant shall keep in repair all Service Media exclusively serving the Property and indemnify the Landlord and its tenants against all liability howsoever arising from any failure to repair or the misuse or overloading of such Service Media. The Tenant shall as soon as reasonably practicable repair or replace (where the same is beyond economic repair) by new articles of a similar kind and quality any Landlord’s fixtures, fittings, lifts, boilers, plant, machinery or equipment on or in the Property needing repair or replacement. The Tenant shall keep all windows and glass of the Property clean both inside and outside and unobstructed. The Tenant shall keep all rubbish and waste enclosed in suitable receptacles situated in such areas as may be designated by the willful Landlord, acting reasonably and to empty such receptacles as often as reasonably practicable and to keep any part or negligent conduct of SUBTENANT, other occupants parts of the Premises land forming part of the Property as may from time to time be unbuilt upon in proper, neat and tidy order and condition all to the satisfaction of the Landlord, acting reasonably. The Tenant shall pay to the Landlord any reasonable costs properly incurred by the Landlord in connection with the repair, maintenance, resurfacing or persons who are permitted renewal of any neighbouring or adjoining premises occasioned by the act, neglect, default or omission of the Tenant any other person for whom the Tenant is legally responsible. The Tenant shall give written notice to the Landlord as soon as reasonably practicable upon becoming aware of any want of repair or any defect in the residential complex by SUBTENANTProperty. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog Notwithstanding the toilet(s) and it is found to be SUBTENANT’S faultforegoing, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT Tenant shall not make be obliged to: maintain any alterations topart of the Property to any better a standard than the standard evidenced by the Ingo Schedule of Condition nor remedy any defect or want of repair identified in the Ingo Schedule of Condition, or decorate excepting the air conditioning unit, lower lock on the front door and the lift within the Premises, without LANDLORD’s prior written approval which the Tenant acknowledges are in good repair and shallcondition (and, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergencythe lift, has been recently serviced) and shall not call on be maintained in such good repair and condition; remedy any person not employed damage caused by LANDLORD to affect the Landlord or those for whom they are legally responsible; remedy any damage caused by any Uninsured Risks; repair or maintenance replace any of the Premises.double-glazed window units within the Property on account of any material deterioration of the black film which they contain;

Appears in 1 contract

Samples: Lease

Repairs. In Sublessee shall maintain the event of a breakdown of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Subleased Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same or better condition as it was than the condition in which the Subleased Premises existed on the date of commencement of this Tenancy Agreement, Commencement Date (reasonable wear and tear exceptedexcluded). See Schedule 2 - Damage/Other Charges Notwithstanding any other provisions of this Sublease (including, without limitation, the quiet enjoyment covenant of Paragraph 2.3), the only repairs and maintenance to which Sublessee is entitled hereunder are those to which Sublessor is entitled under the Master Lease. Sublessee shall look solely to Master Lessor under the Master Lease for charges that may applyall such repairs and maintenance, including, without limitation, the repairs and maintenance to be provided by Master Lessor under Section 5.4 of the Master Lease. MAINTENANCE SUBTENANT covenants Sublessor shall have no obligation to advise LANDLORD, via e-mail, of perform or make any such repairs or maintenance required with respect to be done by LANDLORDthe Subleased Premises. It is agreed that any request for maintenance or Sublessee agrees, at its sole cost and expense, to perform all repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or and maintenance of the Subleased Premises required by Sublessor as tenant under the Master Lease, including, without limitation, those described in Section 5.5 of the Master Lease. Notwithstanding the foregoing, Sublessor does hereby assign, transfer and set over to Sublessee any and all rights it has or might have against the Master Lessor under the Master Lease for all repairs -------------------------------------------------------------------------------- OFFICE BUILDING SUBLEASE -4- and maintenance to be provided by Master Lessor under Section 5.4 of the Master Lease, to the extent that such repairs involved are applicable to the Subleased Premises. Sublessee shall pursue any such rights and remedies by virtue of such assignment at its own cost and expense and shall indemnify and hold harmless Sublessor from any loss, cost, claim, damages, expense, cause of action or liability (including, without limitation, attorneys' fees and costs) asserted against Sublessor by Master Lessor by reason of Sublessee's pursuit of such rights and remedies. This assignment will terminate contemporaneously with the termination of this Sublease.

Appears in 1 contract

Samples: Office Building Sublease (Vialink Co)

Repairs. In (i) Manager shall keep the event of a breakdown Managed Premises (including, without limitation, all FF&E) in good condition and in accordance with the Operating Standard and, upon expiration or earlier termination of the electrical or mechanical systemsTerm, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without surrender the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees same to keep the Rented Premises Owner in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementwhen first occupied, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges Manager's obligation shall include, without limitation, the obligation to pay for charges that may applyall damage to the Managed Premises or the FF&E and other installations in the Managed Premises or anywhere in the Hotel caused by Manager, its agents, employees, invitees and licensees. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs Manager shall not commit or maintenance required allow to be done committed any waste or damage to any portion of the Managed Premises or the Hotel. (ii) Subject to Section 23 herein, Owner shall operate, maintain and repair (and make all necessary replacements to) the portions of the Hotel's systems which provide service to the Managed Premises and to the exterior and foundations of the Hotel and the public portions of the Hotel, both interior and exterior, in accordance with standards applicable to first class hotels in Manhattan. Notwithstanding the foregoing, all damage or injury to the Managed Premises or to any other part of the Hotel or the Hotel's systems, whether requiring structural or non-structural repairs, to the extent caused by LANDLORDor resulting from the negligence or -30- <PAGE> willful misconduct of Manager, or alterations made by Manager, shall be repaired by Owner at the sole cost and expense of Manager. It is agreed that any request for maintenance or repairs not made via e-mail (b) Manager shall not make any alterations, changes or improvements to the Managed Premises or to any other part of the Hotel without Owner's consent, which consent may be granted or withheld in Owner's sole discretion; provided, however, that Manager may make minor, solely decorative alterations within the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, Managed Premises without Owner's consent and Owner shall not call on unreasonably withhold its consent to alterations which are wholly within the Managed Premises, non-structural in nature, do not (x) affect the Hotel's HVAC systems, any person not employed by LANDLORD to structural component of the Hotel, or any areas outside of the Managed Premises, (y) alter the overall appearance or design of the Managed Premises or (z) affect any repair asbestos or maintenance of asbestos-containing materials on or within the Managed Premises.. Nothing herein shall obligate Owner to permit Gross Revenues to be used for any alterations, changes or improvements to the Managed Premises. (c)

Appears in 1 contract

Samples: Management Agreement

Repairs. In Tenant shall replace as necessary all light bulbs, fluorescent tubes, ballasts and other lighting devices in lighting fixtures within the event Premises. Tenant shall be responsible for the repair and maintenance of any minor issues within the premises. (Example: replacement of air filters, the fixing or replacement of a breakdown leaky faucet, etc.) The Landlord shall be responsible for the repair, replacement, and or maintenance of any major issues within the premises. (Example: repair or replacement of a burst/broken water line/pipe/main, the repair of any electrical issues that were caused by something other than the negligence of the electrical or mechanical systemstenant, LANDLORD shall not be liable for damages or personal discomfort; howeveretc.) Except as set forth herein, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDTenant shall, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to at its expense, keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants interior of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT good condition and repair and shall also be responsible for replacing the entire cost of all light bulbs repairs and unclogging replacements otherwise the responsibility of toiletsLandlord hereunder that are required by reason of acts or negligence of Tenant, its agents, employees, customers or invitees. Should Tenant shall be responsible for repairing any damage to the Building caused by the installation or moving of Tenant's furniture, equipment and personal property. Tenant shall, at its expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in or adjacent to the Premises. Tenant shall at all times keep the Premises in a plumber be required to unclog the toilet(s) clean, orderly, neat and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibilitysafe condition. SUBTENANT Tenant shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of defer any repairs or maintenance required replacements to the Premises by reason of the anticipation of the expiration of the Term. In the event that, at the request of Tenant, Landlord performs any maintenance, repairs or servicing of the Premises which is the obligation of Tenant hereunder, then Tenant shall pay Landlord directly tberefor. Tenant shall give Landlord written notice of the need for any such repairs to be done made by LANDLORDLandlord, and Landlord shall be under no liability for damage or injury, however caused, in the event of its failure to make such repairs unless it shall have received such notice from Tenant and failed to make such repairs within a reasonable time after receipt of such notice. It is agreed that Tenant hereby waives any request for maintenance right to make repairs at Landlord's expense. Landlord may make any alterations, improvements or repairs not made via e-mail shall not be which Landlord may deem necessary for the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT preservation, safety or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance improvement of the Premises. Not withstanding the above, Landlord shall be responsible for the repair and replacement of the roof and Building structure, and replacement of any HVAC equipment.

Appears in 1 contract

Samples: Office Lease (Coronado Industries Inc)

Repairs. In Landlord shall maintain the event of a breakdown Common Areas and the exterior ------- walls, roof and foundation of the electrical or building(s) in the Project and the heating, ventilating, air conditioning, electrical, plumbing and mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without systems provided by Landlord in the consent of LANDLORDbuilding(s), the xxxx cost of service will which shall be included in the Base Rent. Except as set forth herein, Tenant shall, at its expense, keep the Premises and every part thereof, in good condition and repair and, if required by reason of acts or negligence of Tenant, its agents, employees, customers or invitees, or the particular nature of Tenant's use of the Premises, all repairs and replacements otherwise the responsibility of SUBTENANTLandlord. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and Tenant shall be liable responsible for the costs of repair of repairing any and all damage to the Rented Premises or residential complex Project caused by Tenant including, without limitation, the willful following: the installation or negligent conduct moving of SUBTENANTTenant's furniture, equipment and personal property. Tenant shall, at its expense, also repair or replace with glass of equal quality any broken or cracked plate or other occupants glass in doors, windows and elsewhere in or adjacent to the Premises (except for exterior glass which, subject to reimbursement as provided in Section 3.2 and except as provided in the second sentence of this Section 11 shall be repaired by Landlord). Tenant shall not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration of the Term. Landlord, at Landlord's option, may elect to perform all or part of the maintenance, repairs and servicing which is the obligation of the Tenant hereunder and/or the obligation of all of the other tenants of the Project with respect to the premises occupied by them, in which event the cost thereof shall be at Landlord's option either billed directly to and paid by Tenant as additional rental or included in any additional rents charged. Except as aforesaid, in the event that, at the request of Tenant, Landlord performs any maintenance, repairs or servicing of the Premises or persons who are permitted in which is the residential complex by SUBTENANT. SUBTENANT obligation of Tenant hereunder, then Tenant shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisespay Landlord directly therefor.

Appears in 1 contract

Samples: Office Lease (Metavante Corp)

Repairs. In Landlord shall maintain and repair in good condition and at Landlord's sole cost and expense the event of a breakdown roof, structural portions of the electrical or mechanical systemsBuilding, LANDLORD including the foundations, load bearing and exterior walls (excluding glass), and all subsurface conditions within the Property. Further, Landlord shall not be liable for damages or personal discomfort; howevermaintain, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDat Landlord's sole cost and expense, the xxxx exterior of service will be the responsibility Building, all parking, landscaped areas, and other areas used in common with other tenants within the Property, in good, clean and neat condition. Landlord shall deliver the Premises to Tenant with the electrical, plumbing, and HVAC equipment in good working order at the time of SUBTENANTdelivery. CARE OF RENTED PREMISES SUBTENANT agrees to Tenant shall then keep the Rented Premises electrical, plumbing (excluding the sprinkler system), interior plumbing, as well as the remainder of the Premises, in good maintenance, condition, and repair. In addition to the foregoing, Tenant is responsible for all other interior repairs and for interior janitorial upkeep as well as trash collection. Tenant is responsible for light fixtures, and bulb replacement. All repairs and maintenance to be performed by Tenant shall be performed by Tenant in a reasonable state prompt, workmanlike manner, using licensed technicians and professionals whenever possible, and the cost of cleanliness and said work shall be liable promptly paid for the costs of repair of damage by Tenant, as no liens shall be allowed to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of attach to either the Premises or persons who are permitted in the residential complex by SUBTENANTto Tenant’s interest therein. SUBTENANT shall also be responsible for replacing all light bulbs All maintenance, repairs, and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found replacement to be SUBTENANT’S faultperformed by Landlord shall be performed by Landlord in a prompt, workmanlike manner, using licensed technicians and professionals whenever possible, following notice of the charge for need thereof from Tenant, unless the plumber will be need therefore is the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toresult of Tenant’s negligence, or decorate the Premisesin which event, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises notwithstanding anything to the same condition as it was in on the date of commencement of this Tenancy Agreementcontrary herein, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to shall be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesTenant’s sole obligation.

Appears in 1 contract

Samples: Lease Agreement

Repairs. In (a) Landlord shall make all repairs necessary to maintain the event plumbing, air conditioning, heating and electrical systems, elevators, floors (excluding carpeting), and all other items which constitute a part of the Leased Space and are installed or furnished by Landlord in operating condition and in a good state of repair; provided, however that Landlord shall not be obligated for any such repairs until the expiration of a breakdown reasonable period of time after written notice from Tenant that such repair is needed. In no event shall Landlord be obligated to repair any damage caused by an act, omission or negligence of the electrical Tenant or mechanical systemsits employees, LANDLORD agents, invitees, licensees, subtenants or contractors. (b) Except as the Landlord is obligated for repairs as provided above, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space and shall keep the Leased Space and the fixtures therein in neat and orderly condition. If the Tenant refuses or neglects to make such repairs, or fails to diligently prosecute the same to completion, after written notice from Landlord of the need therefor, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials furnished in, on or about the Leased Space shall be performed and furnished by Landlord or Tenant, as the case may be, in strict compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Tenant agrees that prior to performing any work which will become permanently affixed to the Leased Space, Tenant shall provide Landlord with plans and specifications of its proposed improvements for Landlord's review and, if acceptable, its approval. Tenant shall reimburse Landlord for Landlord's cost in reviewing said plans and specifications at the rate of $70 per hour. (c) Landlord shall not be liable for damages by reason of any injury to or personal discomfort; howeverinterference with Tenant's business arising from the making of any repairs, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDalterations, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises additions or improvements in a reasonable state of cleanliness and shall be liable for the costs of repair of damage or to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toLeased Space, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove Building or Center or to any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs appurtenances or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesequipment therein.

Appears in 1 contract

Samples: Antares Pharma Inc /Mn/

Repairs. In Tenant shall give to Landlord prompt notice of any damage to, or defective condition in any part of or appurtenance to the event Building's plumbing, electrical, heating, air-conditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of Article 11, Tenant shall, at Tenant's own expense, keep the Prexxxxx, including everything therein (except the heating and air-conditioning systems), in good order, condition and repair during the term. Landlord shall, as part of the Operating Costs set forth in Article 6, maintain the heating and air-conditioning systems through out the Building (including the Premises) and the outside walls, outside windows, roof and foundation of the Building containing the Premises in good order and repair. Repairs made by Landlord required due to negligence or fault of Tenant, its contractors, agents or employees shall be made at Tenant's expense, plus nineteen percent (19%) administrative charge. Tenant, at Tenant's expense, shall comply with all laws or ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply within any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a breakdown condition which has been created by, or at the instance of, Tenant, or is required by reason of the electrical or mechanical systemsa breach of any of Tenant's covenants and agreements hereunder. All repairs made by Tenant shall he made using contractors approved by Landlord, LANDLORD which approval shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligenceunreasonably withheld. If SUBTENANT hires Tenant fails or neglects to comply within any laws or ordinances, rules and regulations of any governmental authority or insurance body as herein required of Tenant, then Landlord or its agents may enter the Premises and make said repairs and comply with any laws or ordinances, or the rules and regulations of any governmental authority or insurance body at the cost and expense of the Tenant, plus a service person without the consent of LANDLORDnineteen percent (19%) administrative charge, and in case Tenant fails to pay therefore upon notice within five (5) days thereafter, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness said cost and expenses shall be liable for the costs of repair of damage added to the Rented Premises next month's installment of Fixed Monthly Remit and be due and payable as such or residential complex caused by Landlord may deduct the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted same from any balance remaining in the residential complex by SUBTENANTLandlord's hands. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it This provision is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises in addition to the same condition as it was in right of Landlord to terminate this Lease by reason of default on the date part of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesTenant.

Appears in 1 contract

Samples: Logisoft Corp

Repairs. In The LESSEE shall at its own expense maintain the event leased premises in good order and repair. The LESSEE shall be responsible for the repair of a breakdown all locks, electrical switches and similar installations turned over to the LESSEE for its use, excepting any damage to any such installations resulting from any structural defect of the leased premises or of the building itself. When the leased premises are returned, such locks, electrical switches and other installations must be intact and in good order, reasonable ordinary wear and tear excluded. The repair of any breakage of glass materials or mechanical systems, LANDLORD other breakable parts within the leased premises shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will likewise be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex LESSEE, if caused by the willful misconduct or negligent conduct of SUBTENANT, other occupants negligence of the Premises LESSEE, or persons who are permitted in its employees, visitors, agents or representatives, otherwise, such breakage shall be for the residential complex by SUBTENANTaccount of the LESSOR. SUBTENANT Subject to the provisions of the preceding paragraph thereof, the LESSEE shall also be responsible for replacing all light bulbs the proper maintenance and unclogging repair of toilets. Should a plumber be required to unclog the toilet(sexternal walls of the leased premises, the supporting posts and similar portions, the floor of the leased premises (as well as of the floor constituting its ceiling) and it electrical, water and plumbing installations of common areas. The repair of any damage for which the LESSEE is found responsible shall be undertaken by the LESSEE at its own expense, through qualified and/or licensed workxxx xx contractors upon demand of the LESSOR; provided, however, that should the LESSEE fail or refuse to undertake such repairs promptly after due demand by the LESSOR, then the LESSOR will effect such repairs, and all documented expenses incurred for such repairs shall be SUBTENANT’S faultcharged against and paid for by the LESSEE, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the rental payment date immediately following said date of commencement of this Tenancy Agreementcompletion. Existing electricals, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs plumbing or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail other service installations shall not be tampered with, changed or altered, or new installations made, or alterations within the subject premises effected or made by the LESSEE without the prior written consent of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed thatthe LESSOR, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, which consent shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesbe unreasonably withheld.

Appears in 1 contract

Samples: Contract of Lease (Amkor Technology Inc)

Repairs. In Tenant shall, at Tenant's own expense, keep the event of a breakdown Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the electrical Building on which the Premises are located, in good order, repair and condition at 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 mechanical systemsrepair all damaged, LANDLORD 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, but not the obligation, to make such repairs and replacements, and Tenant shall pay to Landlord the cost thereof, including Landlord's standard fee for its involvement with such repairs and replacements, promptly upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structure, portions of the floors of the Building, and the 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 liable for damages required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog do by governmental or quasi- governrnental 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 toilet(s) and it is found to be SUBTENANT’S faultCalifornia Civil Code or under any similar law, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations tostatute, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was ordinance now or her after in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseffect.

Appears in 1 contract

Samples: Office Lease (Surge Components Inc)

Repairs. During the Term, Landlord shall, at Landlord's sole expense, keep the Leased Premises in good order, condition and repair (whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Leased Premises), but only to the extent necessary to allow for the continued operation of Tenant's business at the Leased Premises in the same manner as it has been operated under the Previous Lease. The parties understand and agree that Tenant and IOM Holdings, Inc. (the predecessor lessee under the Previous Lease), as well as each of their officers, directors, employees, agents and representatives, shall not have any obligations to make or pay for any repairs, alterations, or improvements to all or any part of the Leased Premises during the Lease Term or at any other time, and, except as specifically provided for in this Lease, shall not have any obligations to pay for any expenses relating to the Leased Premises. The parties understand and agree that, prior to the Commencement Date and the execution of this Lease, Tenant had previously contracted for certain improvements, alterations and/or repairs to the Leased Premises that have not yet been paid for, and which are set forth in Exhibit A attached hereto. The items listed on Exhibit A hereto which have not yet been paid for shall be the sole responsibility of Landlord, who shall pay for such items in a timely manner pursuant to the terms of the contracts included in Exhibit A hereto. Prior to the Commencement Date and execution of this Lease, Landlord had made requests to its lender Bank of America ("BofA") for reimbursements from a BofA reserve account of certain repairs and/or improvements to the Leased Premises, which requests are summarized in Exhibit B hereto (and which include the items listed on Exhibit A hereto). In the event of a breakdown any such reimbursements are made by BofA for any of the electrical or mechanical systemsitems listed on Exhibit B hereto, LANDLORD Landlord shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without have the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees right to keep the Rented Premises in a reasonable state of cleanliness retain and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing retain all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisessuch reimbursements.

Appears in 1 contract

Samples: Commercial Lease Agreement (I/Omagic Corp)

Repairs. In A. During the event term of a breakdown this Lease, Landlord shall, at its expense, in addition to any obligations imposed upon Landlord under this Lease, make all repairs to (or damage resulting from failure to make repairs to) the structural walls (bearing walls), including foundation of the electrical or mechanical systemsBuildings and the covered walkways, LANDLORD structural members such as steel columns, beams, floors, and covered walkways, the parking areas (other than sealing, striping and curbing, but including the repair of potholes) and any and all repairs to roofs, provided, however, that the Landlord shall not be liable to make any such repairs which result from negligent or wrongful acts of Tenant, its agents, visitors, servants and/or employees unless the need for damages such repair is caused by fire or personal discomfort; however, LANDLORD other casualty which is covered by insurance. Replacement of broken windows shall carry out repairs with reasonable diligencenot be construed as a structural repair for purposes of this Article. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and Landlord shall be liable for any damages sustained by Tenant resulting from the costs failure of repair Landlord to make repairs for which Landlord is responsible hereunder after notice to Landlord by Tenant of damage the need for such repairs and the lapse of a period of time sufficient, with the exercise of reasonable diligence, for the making of such repairs. Tenant shall have the right to make emergency repairs which are the obligation of Landlord and to charge Landlord therefor, provided Landlord has had notice for the need for such emergency repairs and failed to make same. Landlord shall undertake all repairs, replacements and restorations of the Leased Premises in a manner that minimizes to the Rented Premises extent reasonably practicable any interference with Tenant’s use or residential complex caused by occupancy of or access to the willful Leases Premises. In the event that as a result of such repairs, replacements or negligent conduct of SUBTENANT, other occupants restorations of the Leased Premises any portion of the Leased Premises becomes unsuitable for Tenant’s use or persons who are permitted in occupancy, the residential complex by SUBTENANTAnnual Basic Rent payable during the period of unsuitability shall be proportionately abated. SUBTENANT From and after (i) the first (1st) anniversary of the date hereof with respect to the 88 Building, (ii) the third (3rd) anniversary of the date hereof with respect to the 56 Building and (iii) the fifth (5th) anniversary of the date hereof with respect to the 70 Building, and on or prior to each anniversary of the date hereof, Landlord shall also be responsible for replacing all light bulbs cause the roof of each of the 88 Building, the 56 Building and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found 70 Building to be SUBTENANT’S faultinspected by a maintenance firm selected by Landlord and reasonably acceptable to Tenant, and shall cause such maintenance firm to provide, within thirty (30) days of such inspection, a report specifying the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations tocondition of each roof, or decorate the Premisesas applicable, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect setting forth any repair or maintenance replacement work required to maintain same in good condition and repair, together with a reasonable schedule for completion of same. Landlord shall perform and complete such repair and replacement work within the Premisestime frames set forth in such schedule.

Appears in 1 contract

Samples: Lease (Gartner Inc)

Repairs. In Subtenant shall give to Sublandlord prompt notice of any damage to, or defective condition in any part of or appurtenance to the event Building's plumbing, electrical, heating, air-conditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of Article 10, Subtenant shall, at Subtenant's own expense, keep the Premises, including everything therein (except the heating and air-conditioning systems), in good order, condition and repair during the term. Subtenant, at Subtenant's expense, shall comply with all laws or ordinances, and all rules and regulations of all governmental authorities and of all insurance company directives at any time in force, applicable to the Premises or to Subtenant's use thereof, except that Subtenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a breakdown condition which has been created by, or at the instance of, Subtenant, or is required by reason of a breach of any of Subtenant's covenants and agreements hereunder. All repairs, the electrical or mechanical systemsestimated cost of which exceeds $500.00, LANDLORD made by Subtenant shall be made using contractors approved by Sublandlord, which approval shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligenceunreasonably withheld. If SUBTENANT hires a service person without Subtenant fails or neglects to comply with any laws or ordinances, rules and regulations of any governmental authority or insurance company directives as herein required of Subtenant, then Sublandlord or its agents may enter the consent Premises and make said repairs and comply with any laws or ordinances, or the rules and regulations of LANDLORDany governmental authority or insurance company directives at the cost and expense of the Subtenant and in case Subtenant fails to pay therefor upon notice within five (5) days thereafter, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness said cost and expenses shall be liable for the costs of repair of damage added to the Rented Premises next month's installment of Fixed Rent and be due and payable as such or residential complex caused by Sublandlord may deduct the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted same from any balance remaining in the residential complex by SUBTENANTSublandlord's hands. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it This provision is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises in addition to the same condition as it was in right of Sublandlord to terminate this Sublease by reason of default on the date part of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesSubtenant.

Appears in 1 contract

Samples: Genesee Corp

Repairs. In Landlord shall keep the event of a breakdown exterior roof and walls of the electrical or mechanical systemsbuilding in which the Demised Premises are situated in good repair, LANDLORD but the Tenant shall not be liable for damages or personal discomfort; give to the Landlord seven (7) days written notice of needed repairs, and the landlord shall have a reasonable time thereafter to make them, provided, however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without that should such damage be occasioned by an act of the consent of LANDLORDTenant, the xxxx Landlord shall assume no responsibility whatever for the repair thereto, and in addition, the Landlord may hold the Tenant responsible for such damage. Landlord has no obligations for repairs of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness any kind, nature or description except as specifically set forth herein, and there shall be liable no setoff against payment of rent for any reason. Representations and covenants by the costs of repair of damage Landlord as to the Rented Demised Premises or residential complex caused shall be enforceable by the willful or negligent conduct of SUBTENANTTenant in the manner prescribed by law, other occupants and the refusal to pay rent shall be a breach of the Premises or persons who are permitted lease and not a setoff. Tenant shall, at its own cost and expense, take good care of and make necessary repairs, structural and otherwise, to the interior of the Demised Premises, and the fixtures and equipment therein and appurtenances thereto, including the exterior and interior windows, doors and entrances, store fronts, signs, showcases, floor coverings, interior walls, columns and partitions; and lighting, heating, plumbing and sewage facilities, and electrical equipment. Landlord shall maintain the air conditioning installations and appurtenances in the residential complex by SUBTENANTgood repair and order. SUBTENANT shall also be Tenant is responsible for cleaning all ducts and replacing and maintaining the appurtenances in good repair and order . Tenant is responsible for cleaning all ducts and replacing all light bulbs and unclogging of toiletsfilters. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon Reasonable written notice to LANDLORD Landlord, specifying the repairs to be made, constitutes and absolute condition precedent to Landlord's duty of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in repair. Tenant shall pay as additional rent $30.00 per month for the case purpose of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or air conditioner maintenance of the Premisespolicy.

Appears in 1 contract

Samples: Center Lease (Rose Group of Nevada)

Repairs. In Landlord shall maintain in good working order and repair the event exterior of a breakdown and the public portions of the electrical or mechanical systemsBuilding and all Building systems servicing the Demised Premises. Tenant shall, LANDLORD shall not be liable for damages or personal discomfort; howeverthroughout the term of this lease, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without take good care of the consent of LANDLORDDemised Premises including the windows and window frames and, the xxxx fixtures and appurtenances therein and at Tenant's sole cost and expense promptly make all repairs thereto and to the Building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of service will be the responsibility of SUBTENANTTenant, Tenant's servants, employees, invitees, or licensees. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and Tenant shall be liable for the costs of also repair of all damage to the Rented Building and the Demised Premises or residential complex caused by the willful moving of Tenant's fixtures, furniture or negligent conduct equipment. All the aforesaid repairs shall be of SUBTENANT, other occupants of the Premises quality or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises class equal to the same condition as it was in on the date of commencement of this Tenancy Agreementoriginal work or construction. If Tenant fails, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants after ten (10) days notice, to advise LANDLORD, via e-mail, of any proceed with due diligence to make repairs or maintenance required to be done made by LANDLORDTenant, the same may be made by the Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible, as additional rent, after rendition of a bill xx statement therefor. It is agreed If the Demised Premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the Demised Premises and following such notice, Landlord shall remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. There shall be no allowance to the Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the Building or the Demised Premises or in and to the fixtures, appurtenances or equipment thereof, except that any request for maintenance or repairs not made via e-mail the foregoing shall not be apply to Landlord's failure to make repairs which prevent the subject operation of any legal proceeding by SUBTENANT against ORIGINAL TENANT Tenant's switching equipment or LANDLORD in a court backup generator. The provisions of law or before a tribunal this Article 4 with respect to the making of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except shall not apply in the case of an emergency, fire or other casualty with regard to which Article 9 shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesapply.

Appears in 1 contract

Samples: Office Lease (PLD Telekom Inc)

Repairs. In The Tenant shall, at its sole expense, make all necessary repairs to the event of a breakdown of leased premises, including but not limited to the boiler, heating system, plumbing system, electrical or mechanical systemssystem, LANDLORD sewage system and other utility systems and equipment, windows, window glass, fixtures, and all appliances, and their appurtenances, and all equipment used in connection with the leased premises, except for repairs to the roof, structural walls and parking lot. Repairs to the roof, structural walls and parking lot shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANTthe Tenant, only in the event that the roof, structural walls or parking lot is damaged as a result of the Tenant's operations or negligence. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and Such repairs, ordinary as well as extraordinary, shall be liable for the costs of repair of damage made promptly as and when necessary. All repairs shall be in quality and class at least equal to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANToriginal work. Repairs, other occupants of the Premises or persons who are permitted alterations and improvements shall be done using workmanlike standards. All work shall be performed in the residential complex by SUBTENANTcompliance with all applicable laws, ordinances, codes, rules and regulations. SUBTENANT The Tenant shall also be responsible for replacing all light bulbs maintaining the painting and unclogging decoration of toiletsthe interior of the leased premises. Should a plumber On default of the Tenant in making such repairs the Landlord may, but shall not be required to unclog the toilet(s) make such repairs and it is found to be SUBTENANT’S faultreplacements, the charge for the plumber Tenant's account, and the expense thereof, together with 1 1/2% interest per month thereon shall constitute and be collectable as additional rent. Landlord shall provide Tenant with written notice of default and a twenty (20) day period to cure prior to Landlord undertaking said repairs. The Landlord represents that the condition of the mechanical systems in the premises are in good working order and will be maintained by the Landlord at the Landlord's sole expense for the first year of this Lease. Thereafter, all repairs will be the SUBTENANT’S responsibilitysole responsibility of the Tenant. SUBTENANT However, replacements of the heating, ventilation or air conditioning systems will be prorated between the Landlord and the Tenant as follows: The Tenant shall not make any alterations to, or decorate pay that proportion of the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises replacement equal to the same condition as number of years it was in on has been a tenant at the date premises divided by the age of the failed mechanical system. For example if the heater needs to be replaced after four years following the commencement of this Tenancy Agreementthe Tenant's tenancy hereunder and the heater was 16 years old at that time, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via ethe Tenant will pay twenty-mail, of any repairs or maintenance required to be done five (25%) percent (4 divided by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance 16) of the Premisesheater replacement.

Appears in 1 contract

Samples: Electronic Control Security Inc

Repairs. In Tenant shall keep the event of a breakdown entire Leased Premises and every part thereof in good condition and repair, including, but not limited to, floor coverings, ceiling, walls, and all fixtures, facilities or equipment contained therein, including but not limited to, the heating, ventilating and air conditioning systems (collectively, the “HVAC System”), electrical, plumbing and sewer systems, the exterior doors, window frames, and all portions of the electrical store front area, and shall make any replacements thereof, and of all broken and cracked glass which may become necessary during the term of this Lease, but excluding the roof and structure, which shall be Landlord's responsibility, unless resulting from Tenant's acts or mechanical systemsfailure to act, LANDLORD in which case they shall be Tenant's responsibility. Prior to undertaking any repairs, Tenant shall notify Landlord of said repairs and the methodology to be used in effecting the same. Landlord shall have the right to approve said methodology and such approval shall not be liable for damages unreasonably withheld, conditioned or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligencedelayed. If SUBTENANT hires a service person without Tenant refuses or neglects to commence or complete repairs promptly and adequately, Landlord may make or complete said repairs and Tenant shall pay the consent cost thereof to Landlord. Landlord represents to Tenant that as of LANDLORDthe date the Leased Premises are delivered to Tenant, the xxxx HVAC System located in and exclusively servicing the Leased Premises, shall be in good working order. Thereafter, the routine maintenance, servicing and repair, and the replacement of service will the HVAC System shall be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in Tenant, and Tenant shall maintain a reasonable state service contract for such purposes with a reputable vendor (a copy of cleanliness and which, including any amendments thereto, shall be liable provided to Landlord upon Landlord’s request for the costs same), providing for a minimum of repair of damage Four (4) quarterly preventative maintenance and filter change visits per calendar year. Landlord shall, to the Rented Premises or residential complex caused by extent such are available and assignable, assign any manufacturers’ and installers’ warranties applicable to the willful or negligent conduct of SUBTENANTHVAC System to Tenant or, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible event such are not assignable, make claims thereunder for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S faultany covered maintenance, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations torepair, or decorate replacement performed by or for Tenant. At the Premises, without LANDLORD’s prior written approval and shall, upon expiration or earlier termination of tenancythis Lease, remove any alterations and decorating and restore the Premises to the same condition Tenant shall assign or re-assign, as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergencymay be, shall not call on any person not employed manufacturers’ and installers’ warranties previously assigned by LANDLORD Landlord to affect any repair or maintenance of the PremisesTenant, to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Fast Casual Concepts, Inc.)

Repairs. Subject to Tenant's obligation to pay Operating Expenses pursuant to Section 4 hereof, Landlord shall, with reasonable diligence and at its expense, make all necessary repairs and replacements to the exterior of the Building and to the Common Areas, including Landlord's HVAC, plumbing and electrical systems located therein (but excluding the HVAC system in the first floor space, which shall be Tenant's responsibility), and Landlord shall also make all repairs to the Demised Premises (but not to Tenant's property) which are structural in nature or required due to fire, casualty, or other act of God; provided, however, that Tenant shall make all repairs and replacements arising from its act, neglect or default. Except as provided above, Tenant shall keep the Demised Premises in good repair, including any special equipment installed in the Demised Premises (such as, but not limited to, air conditioners, transformers and plumbing), whether installed by Landlord or Tenant, and Tenant shall, upon the expiration of the Term, yield and deliver up the Demised Premises in like condition as when taken, reasonable use and wear thereof and repairs required to be made by Landlord excepted. In the event of a breakdown that the Landlord shall deem it necessary or be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the electrical Demised Premises or mechanical systemsof the Building (unless the same results from Tenant's act, LANDLORD neglect, default or mode of operation in which event Tenant shall make all such repairs, alterations and improvements), then the same shall be made by Landlord with reasonable dispatch, and should the making of such repairs, alterations or improvements cause any interference with Tenant's use of the Demised Premises, such interference shall not relieve Tenant from the performance of its obligations hereunder nor shall such interference be liable for damages deemed an actual or personal discomfort; howeverconstructive eviction or partial eviction or result in an abatement of rent, LANDLORD shall carry out provided, that such alterations and improvements are not the result of Landlord's gross negligence or wrongful act. Notwithstanding the foregoing, Tenant shall, at its own cost and expense, make all repairs and provide all maintenance in connection with reasonable diligenceany alterations, additions or improvements made by Tenant pursuant to Section 8 hereof. If SUBTENANT hires The foregoing notwithstanding, if any such repairs , alterations or improvements are undertaken by Landlord on a service person without the consent of LANDLORDnon-emergency basis, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and Tenant shall be liable for entitled to an equitable, proportional, abatement of rent should the costs performance of repair of damage to the Rented Premises such repairs, alterations or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants improvements materially interfere with Tenant's use and enjoyment of the Demised Premises for more than three (3) consecutive business days or persons who are permitted in the residential complex by SUBTENANTmore than five (5) business days during any Lease Year. SUBTENANT Such partial abatement shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required limited to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges only that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance portion of the PremisesDemised Premises interfered with, and only for such period of time as such interference continues.

Appears in 1 contract

Samples: Office Lease Agreement (Fahnestock Viner Holdings Inc)

Repairs. In If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the event Premises, the Common Areas and the portions of the Project serving the Premises and Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to any Alterations; provided that if the cost of the restoration of any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, as assigned by Tenant to Landlord, such excess shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Such restoration shall be to substantially the same condition of such items as prior to the casualty, except for modifications (a) required by Law; (b) required by the holder of a breakdown mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the electrical or mechanical systemsProject. No such modifications shall materially impair access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, LANDLORD at its sole cost and expense, for the repair, restoration, and replacement of Tenant’s Property. Landlord shall not be liable for damages or personal discomfort; howeverany loss of business, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toinconvenience, or decorate annoyance arising from any casualty or any repair or restoration of any portion of the Premises, without LANDLORD’s prior written approval and shallthe Building, upon termination or the Project as a result of tenancy, remove any alterations and decorating and restore the Premises damage from any casualty. All work by Tenant shall be subject to the same condition as it was in on the date terms and conditions of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesArticle 11.

Appears in 1 contract

Samples: Office Lease (HF Enterprises Inc.)

Repairs. In the event of a breakdown Tenant shall be responsible for and keep all parts of the electrical demised premises and the appurtenances thereto in good, safe, tenantable condition, slightly in appearance, and in good order and repair. This article shall not abrogate Landlord's responsibilities for repairs to all portions of the demised premises where the need for such repairs is attributable to Landlord's act, acts and/or negligence or mechanical systemswhen such repairs are expressly made the responsibility of Landlord under another article of this lease, LANDLORD including, without limiting the generality of the foregoing, the articles hereof, captioned "DAMAGE CLAUSE" and "CONDEMNATION". Landlord shall in no event be required to make any repairs, replacements or corrections which are necessitated by (i) ordinary wear and tear to the applicable improvements, (ii) abuse or faulty maintenance by Tenant, its agents or employees or (iii) acts of the Tenant, its agents or employees. Landlord shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of any damage to the Rented Premises building or residential complex caused by the willful Tenant's fixtures, installations or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(simprovements which occur ten (10) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on days after the date Tenant has actual knowledge of commencement a breach by Landlord of this Tenancy Agreementan obligation to repair hereunder but before the date Tenant gives written notice to Landlord setting forth such breach, reasonable wear and tear exceptedprovided such damage could have been avoided if such notice were given. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, DAMAGE CLAUSE If the whole or any part of any repairs building or maintenance other improvement located upon the demised land shall during the term hereof, be damaged or destroyed by fire or other casualty required to be done insured against by LANDLORDTenant hereunder, Tenant shall, subject to Unavoidable Delays,, promptly remove any resulting debris and repair, restore or rebuild the damaged or destroyed improvements substantially in accordance with the plan or plans pursuant to which such property was constructed and to a condition whereby they will have a value not less than their value just prior to said loss. It In the event Tenant, in good faith, is agreed disputing with its insurer the amount of loss payable to Tenant by said insurer, and for that any request reason the repair and restoration work required hereunder is delayed, Tenant hereby agrees that Tenant shall indemnify Landlord for maintenance or repairs not made via e-mail Landlord's damages occasioned by such delay. Tenant shall not be obligated to perform the subject undertakings set forth in this paragraph unless and until Landlord has delivered to Tenant or caused to be delivered to Tenant, without cost to Tenant, a complete set of any legal proceeding by SUBTENANT against ORIGINAL TENANT the as-built plans and specifications for the damaged or LANDLORD in a court of law or before a tribunal of competent jurisdictiondestroyed improvements. It Anything herein to the contrary notwithstanding, it is further understood and agreed that, if such damage or destruction of the type provided for in the preceding paragraph of this article shall have taken place at a time when the term (or the extended term) of this lease is scheduled to expire within a period of three (3) years thereafter, then, and in such event, Tenant shall have the right and option to terminate the term of this lease, by giving Landlord notice of its election so to do within 90 days after such damage or destruction shall have taken place, and if such notice is given the term of this lease shall terminate as of the last day of the month immediately following the month during which such notice shall have been given. Tenant shall be under no duty to restore or rebuild any building or other improvement located upon written notice to LANDLORD the demised land if the term of any repairs or maintenance that LANDLORD is required to undertake by law or this lease shall be terminated under the provisions of this Agreement, SUBTENANTarticle, except that Tenant agrees to restore the building or other improvement to an architectural whole, or in lieu thereof, Tenant may deliver the case of insurance proceeds to Landlord (or, if Tenant is self-insured, an emergency, shall not call on any person not employed by LANDLORD amount equal to affect any repair or maintenance of the Premiseswhat such proceeds would presumably have been had insurance been maintained as provided for in this lease).

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

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Repairs. Tenant shall make minor repairs to the Property, such as unclogging a toilet or sink, changing air filters monthly, and/or changing light bulbs. If a more significant repair is necessary, Tenant shall give Landlord promptly notify Landlord of the need for repair in writing. In the event of a breakdown water leak or other situation that may result in further damage to the Property, Tenant shall notify Landlord within one (1) hour of his or her discovery of the electrical same. Landlord shall make reasonable efforts to make repairs to the Property in a promptly and timely fashion. Under no circumstances shall Landlord be responsible for the bills for repairmen, contractors, or mechanical systemsothers hired by the Tenant to perform work on the Property. Moreover, LANDLORD performing work on the Property without the Landlord’s consent may constitute a breach of this Lease Agreement. Use of the Property The Property is leased for residential use only. Tenant shall not operate any business on the Property. Xxxxxx agrees not to use the Property for any illegal purposes or Lease will be liable terminated. The Tenant or their guests shall not use the Property in such a way as to disturb the quiet enjoyment and peace of any other Tenant or nearby resident. Examples of reasons that the Landlord may terminate this Lease as the result of Xxxxxx’s improper use of the Property include, but are not limited to, the following: Tenant has given false/incorrect information on the rental application. Tenant acts in such a fashion that causes Landlord to receive more than three (3) complaints in a one (1) month period concerning activities of Tenant or his or her guests. Tenant allows anyone who is not listed under this Lease to occupy the Property for damages a period of more than three nights in any given month without obtaining express written consent from the Landlord. Tenant fails to allow Landlord to gain access to the Property. Tenant keeps a waterbed or personal discomfort; howeverfish tank over 10 gallons on the Property without written permission from the Landlord. Tenant engages in or allows others to engage in illegal activity on the Property. Tenant fails to notify Landlord of any absence from the Property to exceed seven (7) days. Xxxxxx removes, LANDLORD shall carry out repairs with reasonable diligencemodifies, or adds any fixtures to the Property or makes alterations to the Property without the express written consent of Landlord. If SUBTENANT hires a service person Tenant fails to keep the Property clean and safe. Tenant or Tenant’s guests cause damage to the Property that exceeds normal wear and tear. Tenant brings hazardous materials onto the Property. Tenant changes the locks without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANTLandlord. CARE OF RENTED PREMISES SUBTENANT agrees Tenant fails to keep the Rented Premises in Property at a reasonable state temperature of cleanliness and shall be liable for at least fifty (50) degrees during winter months. Tenant allows an unauthorized Pet onto the costs of repair of damage Property. Tenant fails to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted maintain liability insurance in the residential complex by SUBTENANTamounts set forth above. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should Tenant fails to provide the Landlord with a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisescurrent phone number.

Appears in 1 contract

Samples: rickdavisrealestate.com

Repairs. In Tenant shall give to Landlord prompt notice of any damage to, or defective condition in any Part of or appurtenance to the event Building's plumbing, electrical, heating, air-conditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of Article 11, Tenant shall, at Tenant's own expense, keep the Premises, including everything therein (except the heating and air-conditioning systems), in good order, condition and repair during the term. Landlord shall, as part of the Operating Costs set forth in Article 6, maintain the heating and air-conditioning systems throughout the Building (including the Premises) and the outside walls, outside windows, roof and foundation of the Building containing the Premises in good order and repair. Repairs made by Landlord required due to negligence or fault of Tenant, its contractors, agents or employees shall be made at Tenant's expense, plus nineteen percent (19%) administrative charge. EXCEPTING ANY OF TENANT'S OBLIGATIONS AS MAY BE SPECIFICALLY SET FORTH IN THIS LEASE AND SUBJECT TO ANY REIMBURSEMENT WHICH MAY BE PERMITTED PURSUANT TO THE PROVISIONS OF ARTICLE 6, ABOVE, LANDLORD SHALL REPLACE THE ROOF, THE HVAC, PLUMBING AND ELECTRICAL SYSTEMS, AND STRUCTURAL PORTIONS THE BUILDING AND PREMISES AS THE SAME MAY BECOME NECESSARY. Tenant, at Tenant's expense, shall comply with all laws or ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a breakdown condition which has been created by, or at the instance of, Tenant, or is required by reason of the electrical or mechanical systemsa breach of any of Tenant's covenants and agreements hereunder. All repairs made by Tenant shall be made using contractors approved by Landlord, LANDLORD which approval shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligenceunreasonably withheld. If SUBTENANT hires Tenant fails or neglects to comply with any laws or ordinances, rules and regulations of any governmental authority or insurance body as herein required of Tenant, then Landlord or its agents may enter the Premises and make said repairs and comply with any laws or ordinances, or the rules and regulations of any governmental authority or insurance body at the cost and expense of the Tenant, plus a service person without the consent of LANDLORD19% administrative charge, and in case Tenant fails to pay therefor upon notice within five (5) days thereafter, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness said cost and expenses shall be liable for the costs of repair of damage added to the Rented Premises next month's installment of fixed monthly minimum rent and be due and payable as such or residential complex caused by Landlord may deduct the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted same from any balance remaining in the residential complex by SUBTENANTLandlord's hands. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it This provision is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises in addition to the same condition as it was in right of Landlord to terminate this Lease by reason of default on the date part of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesTenant.

Appears in 1 contract

Samples: Lease Agreement (Appliedtheory Corp)

Repairs. In the event of a breakdown 7.01. (a) Tenant 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 internal air-distribution system to the point at which the same connects to the main distribution duct for the demised premises, (ii) repair and maintenance of the internal electrical system to the panel box serving the demised premises, and (iii) repair and maintenance of all plumbing fixtures and lines in and serving the demised premises to the point at which the same join the main vertical risers of the Building. All such repairs and maintenance with respect to such Building system shall be performed by Tenant at Tenants cost and expense, by contractors and mechanics listed on Landlord's Approved List. Except as otherwise provided in Section 9.05 hereof, all damage or mechanical systemsinjury to the demised premises and to its fixtures, LANDLORD appurtenances and equipment shall not be liable for damages repaired, restored or personal discomfort; howeverreplaced promptly by Tenant at its sole cost and expense, LANDLORD which repairs, restorations and replacements shall carry be in quality and class equal to the original work or installations. All damage or injury to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out repairs with reasonable diligence. If SUBTENANT hires a service person without of the consent Building or by installation or removal of LANDLORDfurniture, the xxxx of service will fixtures or other property, or in any other manner caused by Tenant, its agents, servants or contractors, shall be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness repaired, replaced or restored by Landlord at Tenant's cost and expense and such expense shall be collectible as additional rent and shall be liable for paid by Tenant within fifteen (15) days after rendition of a xxxx therefor. Notwithstanding anything to foregoing contained here, if Tenant fails to make the costs repairs, restoration or replacements required under this Section 7.01 within twenty (20) days after notice thereof, same may be made by Landlord at the expense of repair Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants a xxxx therefor. The exterior walls of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S faultBuilding, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, portions of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs window xxxxx outside the windows, and the windows are not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance part of the Premisespremises demised by this Lease and Landlord reserves all rights to such parts of the Building.

Appears in 1 contract

Samples: 24/7 Media Inc

Repairs. In No representations, except as contained herein or endorsed hereon, have been made to Tenant respecting the event of a breakdown condition of the Premises, and the acceptance of possession of the Premises by Tenant shall be conclusive evidence as against Tenant that the Premises are now in a tenantable and good condition. Tenant shall take good care of the Premises and shall make all repairs (within the Premises (specifically excluding any repairs to the Building exterior, the roof, the roof membrane, if applicable, the structure, foundation or walls of the Building or life safety, mechanical, electrical or mechanical systemsother systems serving the Premises) as and when Landlord deems reasonably necessary in order to preserve the Premises in good working order and condition. In addition, LANDLORD Tenant shall reimburse Landlord, within thirty (30) days following written request therefore from Landlord, for the cost of any and all structural or nonstructural repairs, replacements or maintenance necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or any such person. Unless otherwise caused by the gross negligence or willful misconduct of Landlord and/or Landlord Parties, Landlord shall not be liable for damages for, and there shall be no abatement of rent with respect to any injury to or personal discomfort; howeverinterference with Tenant’s business arising from any repairs, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without maintenance, alteration or improvement in or to any portion of the consent of LANDLORDPremises, the xxxx Common Areas or the Building or in or to the fixtures, appurtenances or equipment therein. Tenant hereby waives all right to make repairs at Landlord’s expense under the provisions of service will Sections 1932(1), 1941 and 1942 of the California Civil Code, and instead, all improvements, repairs and/or maintenance expenses incurred on the Premises shall be at the responsibility expense of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness Tenant, and shall be liable considered as part of the consideration for leasing the costs of repair of damage Premises. All damages or injury done to the Rented Premises by Tenant or residential complex caused by the willful any person who may be in or negligent conduct of SUBTENANT, other occupants of upon the Premises with Tenant’s consent or persons who are permitted in at Tenant’s invitation, shall be repaired with material of equal or better quality than the residential complex then existing installation of Building Standard materials paid for by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs Tenant, and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and Tenant shall, upon at the termination of tenancythis Lease, remove any alterations and decorating and restore surrender the Premises to the same Landlord in as good condition and repair as it was in on the date of commencement of this Tenancy Agreementwhen accepted by Tenant, reasonable wear and tear and damage by insured casualty excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.

Appears in 1 contract

Samples: Office Lease (Medivation, Inc.)

Repairs. In Tenant will at its own expense and subject to the event provisions of a breakdown this Lease, keep the Premises in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damages to the electrical Premises (except for reasonable wear and tear and as otherwise provided in this Lease) and replace or mechanical systemsrepair all damaged or broken glass (including signs thereon), LANDLORD fixtures and appurtenances, under the direct supervision and with the approval of Landlord, and within any reasonable period of time specified by landlord. If Tenant does not do so, or at Landlord’s election, Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord’s overhead and profit and the cost of general conditions) shall be deemed additional rent reserved under this Lease due and payable forthwith. Landlord may, but shall not be liable required so 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 damages air conditioning service, as Landlord shall desire or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable deem necessary for the costs of repair of damage to the Rented Premises safety, preservation or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants improvement of the Premises or persons who are permitted the Building or any equipment located in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber Building, or as Landlord may be required to unclog do by the toilet(s) and it is found Village of Bloomingdale 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 be SUBTENANT’S faultmake repairs, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toalterations, improvements or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges Premises all material that may apply. MAINTENANCE SUBTENANT covenants be required to advise LANDLORDmake such repairs, via e-mailalterations, improvements or additions and, during the continuance of any repairs of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or maintenance required temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages to be done by LANDLORD. It is agreed that any request for maintenance Tenant’s property, business or repairs not made via e-mail person, and the rent reserved herein shall in no way axxxx while said repairs, alterations, improvements or additions are being made, and Tenant shall not be the subject entitled to maintain any set-off or counterclaim for damages of any legal proceeding kind against Landlord by SUBTENANT against ORIGINAL TENANT or LANDLORD reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in a court of law or before a tribunal of competent jurisdiction. It is further agreed thatand about the Building and the Premises during ordinary business hours, upon written notice but if Tenant desires to LANDLORD of have the same done during any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, other hours Tenant shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisespay for all overtime and additional expenses resulting therefrom.

Appears in 1 contract

Samples: Lease Agreement (Midwest Banc Holdings Inc)

Repairs. In The parties acknowledge and agree that Subtenant is subleasing the event of a breakdown Subleased Premises on an “AS IS” basis, and that Sublandlord has made no representations or warranties, express or implied, whatsoever, with respect to the Subleased Premises, including, without limitation, any representation or warranty as to the suitability of the electrical Subleased Premises for Subtenant’s intended use. Sublandlord shall have no obligation whatsoever to make or mechanical systemspay the cost of any alterations, LANDLORD improvements or repairs to the Subleased Premises for Subtenant’s use and occupancy thereof, including, without limitation, any improvement or repair required to comply with any law, regulation, building code or ordinance (including the Americans with Disabilities Act of 1990, as may be amended). In addition, Sublandlord shall not have no obligation to perform any repairs, or any other obligation of Master Landlord required to be liable for damages or personal discomfort; performed by Master Landlord under the terms of the Master Lease. Sublandlord shall, however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without demand performance of the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees same in writing from Master Landlord promptly after being requested to keep the Rented Premises in a reasonable state of cleanliness do so by Subtenant and shall be liable for use commercially reasonable efforts to obtain Master Landlord’s performance; provided, however, if Master Landlord defaults under the costs Master Lease or fails to perform any of repair its obligations under the Master Lease after receipt of damage written notice from Sublandlord of such failure, Sublandlord will, at Subtenant’s request and at no material cost to Sublandlord, assign Sublandlord’s rights under the Master Lease to Subtenant to the Rented Premises or residential complex caused by extent necessary to permit Subtenant to institute legal proceedings against the willful or negligent conduct Master Landlord to obtain performance of SUBTENANTMaster Landlord’s obligations under the Master Lease, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT provided that Subtenant shall also be responsible for replacing all light bulbs costs and unclogging expenses related to such action, and shall indemnify Sublandlord from any claims arising therefrom. If Xxxxxxxxxxx fails to abide by the provision set forth in the previous sentence, Subtenant will have the right to take such action and institute legal proceedings in the name of toilets. Should a plumber be required to unclog the toilet(s) Sublandlord, and it is found to be SUBTENANT’S fault, the charge for the plumber will be purpose and to such extent, all rights and remedies of Sublandlord under the SUBTENANT’S responsibilityMaster Lease are hereby conferred upon and assigned to Subtenant. SUBTENANT shall not Subtenant expressly waives any rights it may have to make any alterations to, or decorate repairs at the Premises, without LANDLORD’s prior written approval and shall, upon termination expense of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesSublandlord.

Appears in 1 contract

Samples: Sublease (Forge Global Holdings, Inc.)

Repairs. In the event of a breakdown Tenant is required to restore the Leased Property and/or Ski Personal Property pursuant to this Section 10.2, Tenant shall commence promptly and continue diligently to perform the repair and restoration of the electrical Leased Property and/or Ski Personal Property (hereinafter called the “Work”), so as to restore the Leased Property and/or Ski Personal Property in compliance with all Legal Requirements and so that the Leased Property and/or Ski Personal Property shall be, to the extent practicable, substantially equivalent in value and general utility to its general utility and value immediately prior to such damage or mechanical systemsdestruction. Subject to the terms hereof, LANDLORD Landlord and/or TRS Corp. shall be required to advance the insurance proceeds and any additional amounts payable by Landlord and/or TRS Corp. pursuant to Section 10.2.3 to Tenant regularly during the repair and restoration period so as to permit payment for the cost of any such restoration and repair. Any such advances shall be made not more than monthly within ten (10) Business Days after Tenant submits to Landlord and/or TRS Corp. a written requisition and substantiation therefor on AIA Forms G702 and G703 (or on such other form or forms as may be reasonably acceptable to Landlord and/or TRS Corp.). Landlord and/or TRS Corp. may, at their option, require, prior to advancement of said insurance proceeds and other amounts by Landlord and/or TRS Corp., (a) approval of plans and specifications by an architect satisfactory to Landlord and/or TRS Corp. (which approval shall not be liable for damages unreasonably withheld, conditioned or personal discomfort; howeverdelayed), LANDLORD shall carry out repairs (b) general contractors’ estimates, (c) architect’s certificates, (d) unconditional lien waivers of general contractors, if available, (e) evidence of approval by all Government Agencies and other regulatory bodies whose approval is required, (f) deposit by Tenant of the applicable deductible amount with reasonable diligenceLandlord and/or TRS Corp., and (g) such other terms as Landlord and/or TRS Corp. may reasonably require. If SUBTENANT hires a service person without Tenant’s obligation to restore the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees Leased Property and/or Ski Personal Property pursuant to keep the Rented Premises in a reasonable state of cleanliness and this Article 10 shall be liable for the costs of repair of damage subject to the Rented Premises release of available insurance proceeds by Landlord and/or TRS Corp. or residential complex caused by the willful or negligent conduct of SUBTENANTdirectly to Tenant and, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required event such proceeds are insufficient, Landlord and/or TRS Corp. electing to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisessuch deficiency available therefor.

Appears in 1 contract

Samples: Lease Agreement (CNL Income Properties Inc)

Repairs. In Landlord shall maintain and repair the event exterior of a breakdown and the public portions of the electrical Building and all Building systems servicing the Demised Premises. Tenant shall, throughout the term of this lease, take good care of the Demised Premises and the fixtures and appurtenances therein and at Tenant's sole cost and expense promptly make all repairs thereto and to the Building, whether structural or mechanical systemsnon-structural in nature, LANDLORD caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees. Tenant shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of also repair of all damage to the Rented Building and the Demised Premises or residential complex caused by the willful moving of Tenant's fixtures, furniture or negligent conduct equipment. All the aforesaid repairs shall be of SUBTENANT, other occupants of the Premises quality or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises class equal to the same condition as it was in on the date of commencement of this Tenancy Agreementoriginal work or construction. If Tenant fails, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants after thirty (30) days written notice, to advise LANDLORD, via e-mail, of any proceed with due diligence to make repairs or maintenance required to be done made by LANDLORDTenant, the same may be made by the Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible, as additional rent, within thirty (30) days after rendition of a xxxx or statement therefor. It is agreed that If the Demised Premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Landlord prompt notice of any request defective condition in any plumbing, heating system or electrical lines located in the Demised Premises and following such notice, Landlord shall promptly remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as hereinafter provided, there shall be no allowance to the Tenant for maintenance a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the Building or the Demised Premises or in and to the fixtures, appurtenances or equipment thereof. The provisions of this Article 4 with respect to the making of repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except apply in the case of an emergency, fire or other casualty with regard to which Article 9 shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesapply.

Appears in 1 contract

Samples: Office Lease (Quietpower Systems Inc)

Repairs. In Tenant will keep the event interior of the Leased Premises, together with all electrical, plumbing and mechanical installations therein, servicing the Leased Premises, in good order and repair and will make all replacements at its own expense. Landlord represents and warrants that all installations are in good working order. Tenant will surrender the Leased Premises at the expiration of the term, or at such other time as it may vacate the premises, in as good condition as when received, excepting depreciation caused by ordinary wear and tear and damage by fire, unavoidable accident, or act of God. Tenant must engage the services of a breakdown reputable heating, ventilating and air conditioning company and obtain on an annual basis, a one-year service policy for the heating, ventilating and air conditioning equipment for the Leased Premises, and replacing of filters contained within the equipment on at least a bi-annual basis. Cost of this policy shall be borne by the Tenant and a copy of same must be mailed to Landlord within ten (10) days of occupancy in the initial year of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligenceterm of the Lease and ten (10) days after the first day of each and every subsequent year of occupancy during the term of this Lease. If SUBTENANT hires Tenant fails to obtain an annual service policy as herein described, or fails to provide Landlord with a service person without copy of said policy within ten (10) days as required herein, Landlord shall have the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees right to keep the Rented Premises in a reasonable state of cleanliness obtain such policy and shall be liable charge Tenant for the costs cost of said policy, said cost to be paid by Tenant as additional rent under this Lease. Tenant will promptly repair of at its own expense any damage to the Rented Leased Premises or residential complex caused by bringing into the willful premises any property for Tenant's use or negligent conduct by the installation or removal of SUBTENANTsuch property, other occupants regardless of fault or by whom such damage shall be caused, unless caused by Landlord, its agents, employees or contractors; and, in default of such repairs by Tenant, Landlord shall make the Premises or persons who are permitted in same and Tenant agrees to pay the residential complex by SUBTENANTcost thereof to Landlord promptly upon Landlord's demand therefor. SUBTENANT Tenant shall also be responsible for replacing the maintenance, cleaning and repair of all light bulbs interior and unclogging of toilets. Should a plumber be required to unclog exterior doors, windows and glass which comprise the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Manchester Technologies Inc)

Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD 10.01 Tenant shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing making all routine, interior repairs, replacements of light bulbs and unclogging of toilets. Should a plumber be required other minor items and for performing routine maintenance to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises. All repairs, without LANDLORD’s prior written approval replacements and shall, upon termination of tenancy, remove any alterations maintenance shall be in quality and decorating and restore the Premises class at least equal to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear exceptedoriginal work. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon If after fifteen (15) days prior written notice to LANDLORD of any repairs Tenant (or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, such lesser period as is reasonable under the circumstance) Tenant fails to make such repairs, replacements or maintenance, Landlord may, but shall not call on any person not employed by LANDLORD to affect any repair be required to, make such repairs, replacements or maintenance for Tenant’s account and at Tenant’s expense. All such costs shall be paid by Tenant as additional rent in the manner set forth under Paragraph 4.03. Tenant shall treat with due care all portions of the Buildings and Premises. Landlord shall maintain and repair, commensurate with other class “B” office buildings in Bergen County, New Jersey, the Buildings systems, the structural portions of the Buildings (whether inside or outside of the Premises), the roof, the foundation, the common areas of the Buildings, and any item for which Tenant or another tenant in the Buildings is not responsible to repair; excluding, however, (a) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence and (b) repairs which Tenant is obligated to make pursuant to Section 10.01 and the other terms of this Lease. Nothing contained in this Section shall require Landlord to paint the Premises. No liability of Landlord to Tenant shall, however, accrue under this Section unless and until Tenant has given notice to Landlord of the specific repair required to be made, or of the failure properly to furnish any service. Landlord shall endeavor not to unreasonably interfere with Tenant’s use and occupancy of the Premises in making any repairs or performing any maintenance required pursuant to this Section, but Landlord shall not be obligated to use overtime labor. Landlord shall also perform all work necessary, at Landlord’s sole cost, to ensure that the enclosure of the Buildings for each floor of the Premises, including, without limitation, the roof and all windows, shall be weather tight and free of leaks. All damage to the Premises caused by leaks or infiltration shall be repaired by Landlord at Landlord’s sole cost and expense. Tenant shall permit Landlord and its agents to enter the Premises at all reasonable times to inspect the Premises with reasonable advance notice, to clean windows, perform cleaning services, maintain the Buildings, make repairs, to post notices of non-liability for alterations, additions, or repairs, without any abatement of rent to Tenant or damages for any loss of occupation or quiet enjoyment of the Premises provided that Landlord or its agents will use reasonable efforts to minimize interference with Tenant’s business activities. Landlord and its agents may during the last nine (9) months of the Term, enter the Premises at reasonable hours with reasonable advance notice, to exhibit the same to prospective tenants.

Appears in 1 contract

Samples: Office Lease Agreement (Butler International Inc /Md/)

Repairs. In Landlord shall, at Landlord's cost and expense, make all structural and exterior repairs to the Suite and Building and all repairs to the water, electrical, heating, air-conditioning and plumbing equipment and facilities located in the Suite or Building and owned by Landlord, unless such repairs are required by reason of willful conduct or the negligent acts or omissions of Tenant, its employees, contractors, customers or invitees, or the particular nature of Tenant's use of the Suite, in which case the cost of such repairs shall be made at Tenant's cost and expense by Landlord's contractor. Tenant shall give Landlord written notice of the need for any such repairs to be made by Landlord, and Landlord shall be under no liability for damage or injury, however caused, in the event of its failure to make such repairs unless it shall have received such notice from Tenant and failed to make such repairs within a breakdown reasonable time after receipt of such notice. Except as above provided in this Section (10), Tenant shall at its cost and expense keep the Suite in good condition and repair. Unclogging of the electrical or mechanical systemsplumbing system of the Suite shall be at Tenant'S sole cost and expense, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused done only by the willful or negligent conduct of SUBTENANTLandlord's contractor. Tenant shall, other occupants at its expense, perform all decorating of the Premises Suite. The plans and specifications for any repair work, alterations or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found additions to be SUBTENANT’S fault, the charge for the plumber will performed by Tenant shall be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s subject to Landlord's prior written approval and shallTenant shall indemnify Landlord against all construction liens against the Suite or Site for materials or labor purchased, upon termination employed or hired in connections with the construction, repair, or alteration of tenancythe Suite, remove and shall cause any alterations such liens which are filed to be immediately removed and decorating discharged of record. Tenant shall perform all of the foregoing work only with contractors, materialmen and restore the Premises to laborers approved in advance by Landlord. Approval by Landlord of plans and specifications shall not constitute an assumption of responsibility for their accuracy or sufficiency, the same condition as it was in on being the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance sole responsibility of the PremisesTenant.

Appears in 1 contract

Samples: Office Lease (Morgan Products LTD)

Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD Tenant shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises clean and in a reasonable state of cleanliness good order and shall be liable condition and immediately pay Landlord, upon demand, for the costs of repair of damage cost to the Rented Premises or residential complex make any repairs caused by the willful Tenant’s negligence or negligent conduct misuse or that of SUBTENANTTenant’s family, other occupants of the Premises guests, invitees or persons who are permitted in the residential complex by SUBTENANTagents. SUBTENANT Tenant shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, give prompt notice of any repairs or maintenance required needed. Landlord will make reasonable efforts to be done by LANDLORDmake necessary repairs within five business days of notification. It If Tenant is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of experiencing an emergency, for example, lack of heat or hot water or water leaks, Landlord will attempt to make necessary repairs within one business day. Scheduling repairs may take longer than times noted above depending upon the nature of the issue, the availability of materials, and/or labor. Burned out light bulbs shall be promptly replaced by Tenant at Tenant’s expense with the proper size, type and wattage bulb. Resetting a circuit breaker, resetting a garbage disposal, resetting GFCI outlets, and similar actions that can be reasonably performed by Tenant without assistance, shall be the responsibility of Tenant prior to contacting Landlord for maintenance. Tenant is not call authorized to conduct any structural repairs or any cosmetic repairs that would permanently alter the appearance of the Premises in any manner. Tenant agrees that, except for any window being noted as cracked or broken on any person not employed by LANDLORD the Move-In Checklist, Tenant shall reimburse Landlord the cost to affect any repair or maintenance replace any window that becomes cracked or broken during the Lease term. Tenants shall be responsible for damages to the Premises caused by theft, break-ins, accidents or unexplained events of the Premises. Tenants shall pay for any extermination costs for any pests. Landlord reserves the right to charge a fee for any request made by Tenant for the repair of any item that Landlord determines was not a reasonable or necessary request. Tenant shall not incur any liabilities or expenses chargeable to Landlord. Tenant must make arrangements to provide access to the Premises to all persons whose entry is reasonably required to make any repairs to the Premises. Prior to entry, Tenant must move all personal property from the area where the repairs will be made as reasonably necessary to complete the repairs. Tenant must make arrangements to restrain all Pets at all times any person performing repairs is present in the Premises in a manner sufficient to avoid any impairment to the repairs. If a repair person retained by Landlord is unable to enter or access the Premises, is unable to complete the repairs, or is delayed in completing the repairs due to Tenant’s failure to perform any obligations stated in this Section,, Tenant shall pay any charge, including time and mileage, incurred by Landlord, including any charge or cost to cancel or reschedule the repair.

Appears in 1 contract

Samples: Rental Agreement

Repairs. In Landlord shall make all repairs necessary to maintain the event plumbing, air conditioning, and electrical systems, windows, floors (excluding floor coverings), and all other items which do not constitute a part of the Premises and are installed or furnished by Landlord, except repairs of Tenant's trade fixtures and property and installations which Tenant was obligated to make or which were performed by Landlord or others at Tenant's request or expense. Landlord shall not, however, be obligated for any of such repairs until the expiration of a breakdown reasonable period of time after receipt of written notice from Tenant that such repairs are needed. In no event shall Landlord be obligated under this Paragraph to repair any damage caused by any act, omission or negligence of the electrical Tenant or mechanical systemsits employees, LANDLORD agents, invitees, licensees, subtenants, contractors, subcontractors or assignees. Tenant shall take good care of the Premises and the fixtures and appurtenances therein. Tenant shall, at its sole cost and expense, repair and replace all damage or injury to the Premises and Building and to fixtures and equipment caused by Tenant or its employees, agents, invitees, licensees, subtenants, contractors, or subcontractors, or assignees, including, but not limited to, injury or damage resulting from all or any of them moving in or out of the Building or by installation or removal of furniture, fixtures or other property, which repairs and replacements shall be in quality and class equal to the original, undamaged condition. If Tenant fails to make such repairs or replacements, the same may be made by Landlord in accordance with the provisions of Paragraph 26N hereof. Landlord shall not be liable for damages by reason of any inconvenience, injury to, or personal discomfort; howeverinterference with Tenant's business arising from the making of any repairs, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDalterations, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions or improvements in or to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANTLand and Building or to any appurtenances or equipment therein. SUBTENANT Landlord shall also be responsible for replacing all light bulbs use reasonable efforts to minimize such inconveniences and unclogging of toilets. Should a plumber interference (but Landlord shall not be required to unclog the toilet(s) and it is found to perform such work after normal business hours or on an overtime basis). There shall be SUBTENANT’S faultno abatement of rent because of such repairs, the charge for the plumber will alterations, additions or improvements, except as may be the SUBTENANT’S responsibilityspecifically provided in Paragraph 11 hereof. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT Landlord covenants to advise LANDLORDmake reasonable efforts to implement such repairs, via e-mailalterations, of any repairs additions or maintenance improvements in a timely and expeditious manner, but in no event shall Landlord be required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesperform such work at times other than during Normal Business Hours.

Appears in 1 contract

Samples: Lease Index (Sonic Foundry Inc)

Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD shall not be liable Landlord's sole responsibility for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees repair work is to keep the Rented Premises in a reasonable state ------- roof and exterior walls of cleanliness the building leak free and shall be liable for the costs of repair of damage to make all structural repairs necessary to the Rented Premises roof or residential complex exterior walls of the building where the need for such structural repairs is not caused by the willful any act or negligent conduct of SUBTENANT, other occupants omission of the Tenant or the Tenant's agents, employees or invitees. "Structural repairs" means repairs necessary to keep the building from collapsing or sagging, or to prevent the Premises or persons who are permitted in the residential complex by SUBTENANTfrom being condemned because of structural insufficiency. SUBTENANT Landlord shall also be responsible for replacing all light bulbs maintaining and unclogging repairing the Property and the major plumbing and utility service lines on the Property to the perimeter of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises; provided, without LANDLORD’s prior written approval and shallhowever, upon termination of tenancythat Tenant shall be responsible for repairs caused by the Tenant, remove any alterations and decorating and restore such as a plumbing clog. Tenant acknowledges that the Premises are in good condition and that all fixtures, equipment and appurtenances are I good working order, and agrees to maintain the Premises in the same condition condition, order and repair as it was in on the date of they are at tire commencement of this Tenancy AgreementLease, reasonable wear and tear exceptedagrees to make all repairs and replacements in and about the premises necessary to preserve them in good order and condition, which repairs and replacements made by Tenant shall be in equal quality and class to the original work. See Schedule 2 - Damage/Other Charges for charges that may applyTenant shall also maintain, repair and replace the air conditioning units serving the demised Premises. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, Tenant shall promptly pay the expense of any repairs such repairs. All additions, fixtures or maintenance required to Improvements which may be done made or installed by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANTTenant, except in the case of an emergencymovable furniture and fixtures, shall become the property of the Landlord and remain upon the Premises as a part thereof, and be surrendered with the Premises at the termination of this Lease, at the option of the Landlord. If landlord elects to allow Tenant to remove such fixtures or additions, Tenant shall repair any damage caused by such removal. Tenant shell not call on demolish, replace or materially alter the building containing the demised Premises, or any person not employed by LANDLORD to affect part then, whether voluntary or in connection with any repair or maintenance of the Premisesrestoration required by this Lease.

Appears in 1 contract

Samples: Eco Rx Inc

Repairs. In the event of a breakdown of the electrical or mechanical systemsTenant shall, LANDLORD shall not be liable for damages or personal discomfort; howeverat Tenant’s own expense, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval including all improvements, fixtures and shallfurnishings therein, upon termination and the floor or floors of tenancy, remove any alterations and decorating and restore the Building on which the Premises to are located, in good order, repair and condition at all times during the same condition as it was in on the date of commencement of this Tenancy AgreementLease Term, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject lo 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 charges that may applydamage caused by ordinary wear and tear or beyond the reasonable control of Tenant or, subject to the waiver of subrogation set forth in Section 10.5 below, caused by the negligence of the Landlord or Landlord Parties (as defined in Section 10.1 below); provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not. MAINTENANCE SUBTENANT covenants to advise LANDLORDmake such repairs and replacements, via e-mailand Tenant shall pay Landlord the cost thereof, including a percentage of any repairs or maintenance required the cost thereof (to be done 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. 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 systems and equipment of the Building (all of which, to Landlord’s knowledge, are in good working order and repair as of the Lease Commencement Date), 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 LANDLORDLandlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. It is agreed that any request for maintenance or repairs not made via e-mail Landlord may, but shall not be required to, enter the subject of Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any legal proceeding by SUBTENANT against ORIGINAL TENANT equipment located in the Project as Landlord shall desire or LANDLORD in a court of law deem necessary or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is as Landlord may be required to undertake do by law 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 this Agreementany similar law, SUBTENANTstatute, except or ordinance now or hereafter in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseffect.

Appears in 1 contract

Samples: Office Lease (KAYAK SOFTWARE Corp)

Repairs. In (c) The Tenant covenants with the event of a breakdown of Landlord to repair, maintain and keep at the electrical or mechanical systemsTenant’s own cost, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without except insofar as the consent of LANDLORDobligation to repair rests upon the Landlord pursuant to this paragraph, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Leased Premises, without LANDLORD’s prior written approval including Leasehold Improvements, in good and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementsubstantial repair, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges , provided that may apply. MAINTENANCE SUBTENANT covenants this obligation shall not extend to advise LANDLORD, via e-mail, of any structural elements or to exterior glass or to repairs or maintenance which the Landlord would be required to be done by LANDLORD. It is agreed that any request make under this paragraph but for maintenance or repairs the exclusion there from of defects not made via e-mail shall not be sufficient to impair the subject Tenant’s use of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD the Leased Premises while using them in a court of law manner consistent with this Lease. Upon providing the Tenant reasonable prior notice (which may be verbal or before a tribunal of competent jurisdiction. It is further agreed thatby email), upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except unless in the case of an emergencyemergency in which no notice is required, the Landlord may enter the Leased Premises at all reasonable times and view the condition thereof; provided, however, except in the event of an emergency Tenant shall not call have the right to have a representative of Tenant accompany Landlord and/or Landlord’s agents, employees or contractors, while any of them are within the Leased Premises for any reason. If the Tenant shall fail to repair as aforesaid after reasonable notice to do so, the Landlord may effect the repairs and the Tenant shall pay the reasonable cost thereof to the Landlord on any person not employed by LANDLORD to affect any repair or maintenance demand. The Tenant covenants with the Landlord that the Tenant will at the expiration of the PremisesTerm or sooner termination thereof peaceably surrender the Leased Premises and appurtenances in good and substantial repair and condition, reasonable wear and tear, fire or other casualty, condemnation, and the acts and omissions of Landlord (unless required to be insured by Tenant hereunder) all excepted.

Appears in 1 contract

Samples: Lease Agreement (Carters Inc)

Repairs. In Tenant acknowledges that Tenant has inspected the event of a breakdown of Premises and accepts the electrical condition AS IS with no warranties or mechanical systemspromises express or implied. Tenant shall maintain the Premises in good, LANDLORD shall not be liable for damages or personal discomfort; howeverclean and tenable condition throughout the tenancy, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDkeep all plumbing fixtures in good repair, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises use electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable state manner, removing all garbage in a clean sanitary manner. Landlord will make necessary repairs to Premises with reasonable promptness after receipt of cleanliness written notice from Tenant to Landlord or its agent for major deficiencies which create unsafe or untenable conditions. Major repairs shall include plumbing leaks, heating/cooling systems failure, provided and built in appliance failure or major structural defects. Tenant shall make or cause to be made at Tenant's expense all other minor repairs such as locks and keys, screen damage, broken windows, smoke alarm batteries, loose screws, bulb/fuse replacement and any garbage disposal (if provided) condition caused from misuse of the disposal. Tenant shall be liable for fully responsible for, and agrees to maintain and repair at Tenant's expense, the costs following: (IN THIS SECTION THE TENANT’S RESPONSIBILITIES ARE SET FORTH BASED ON YOUR INPUT FORM). If any damage, beyond normal wear and tear, is caused by Tenant or guests, Tenant to pay vendor at time of repair or pay Landlord the cost of damage to repair with the Rented next rental payment as additional rent. Tenant must use vendors approved by Landlord or its agent. Tenant may not remodel or structurally change the Premises nor remove or residential complex add any fixture without written permission from Landlord or its agents. All service requests must be made through the property manager if any. Any services ordered directly by the Tenant without written authorization of Landlord will be at the Tenant’s expense. TENANT is responsible for all minor repairs, $50.00 or less after accepting the property. Any repair over $50.00 is the total responsibility of the Owner, unless caused by TENANT’S negligence, in which case would become the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANTTENANT’S fault, the charge for the plumber will be the SUBTENANT’S total responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.Sample

Appears in 1 contract

Samples: Sample Managed Lease

Repairs. In With respect to the event of a breakdown disbursement of the electrical or mechanical systemsproceeds of the Loan (the “Disbursement”), LANDLORD shall not be liable for damages or personal discomfort; howeverBorrower has advised Lender that, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without prior to the consent of LANDLORDDisbursement, the xxxx of service Borrower will be unable to complete the responsibility repair and/or satisfy the property condition objection matters set forth on Exhibit F attached hereto and incorporate herein by reference (such matters singularly and collectively referred to as the “Immediate Repair Items”). Lender has agreed to enter into the Loan and to make the Disbursement notwithstanding the existence of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness Immediate Repair Items, based solely upon Borrower’s representation, warranty, covenant and agreement that the Immediate Repair Items shall be liable for the costs of repair of damage to the Rented Premises repaired, remediated or residential complex caused by the willful otherwise satisfied on or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(sbefore ninety (90) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on days following the date of commencement this Agreement. Accordingly, Borrower represents, warrants, covenants and agrees with Lender that the Immediate Repair Items shall be repaired, remediated or otherwise satisfied on or before ninety (90) days following the date of this Tenancy AgreementAgreement and the failure to perform the same shall, reasonable wear in Lender’s sole discretion, constitute an Event of Default. Loan Agreement — Exhibit B EXHIBIT C PERSONAL PROPERTY AND INVENTORY [The schedule of Personal Property and tear exceptedInventory follows this cover page.] Loan Agreement — Exhibit C EXHIBIT D RENT ROLL [The Rent Roll follows this cover page.] Loan Agreement — Exhibit D EXHIBIT E PPM FINANCE, INC. See Schedule 2 - Damage/Other Charges PROPERTY AND LIABILITY INSURANCE REQUIREMENTS FOR XXXXXXX NATIONAL LIFE INSURANCE COMPANY revised July 2010 PPM Finance, Inc. (“PPM”) is an affiliate of and authorized agent for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORDXxxxxxx National Life Insurance Company (“Mortgagee” and/or “Lender”), via e-mail, of any repairs or maintenance required and as such has established the following insurance requirements to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be complied with during the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance lifetime of the Premisesloan.

Appears in 1 contract

Samples: Loan Agreement (Netreit)

Repairs. In Tenant shall keep the event Premises clean and in good order and condition and immediately pay Landlord, upon demand, for the cost to make any repairs caused by Tenant’s negligence or misuse or that of Tenant’s family, guests, invitees or agents. Tenant shall give prompt notice of any non-emergency repairs or maintenance needed, via email (xxxx@xxxxx.xxx) or via the Tenant Portal, and tenant shall include complete and clear information with their request. Landlord will make reasonable efforts to make necessary repairs in a breakdown reasonable timeframe. If Tenant is experiencing an emergency, for example, lack of heat during freezing temperatures, flooding, or sewer back up, Landlord will attempt to make necessary repairs within one business day. Tenant must report all emergency repairs by calling the Landlord’s office line at G70-41G-8881. If outside of business hours Tenant will be directed to on-call support. Because on-call coverage rotates, always call Landlord’s office line first rather than saving a technician’s cell phone number. Scheduling repairs may take longer than times noted above depending upon the nature of the electrical or mechanical systemsissue, LANDLORD availability of materials, availability of labor, etc. Resetting a circuit breaker, resetting a garbage disposal, resetting GFCI outlets, and similar actions that can be reasonably performed by Tenant without assistance, shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANTTenant prior to contacting Landlord for maintenance. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and Burned out light bulbs shall be liable for promptly replaced by Tenant at Tenant’s expense with the costs of repair of damage proper size, type and wattage bulb. Tenant is not authorized to conduct any structural repairs or any cosmetic repairs that would permanently alter the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants appearance of the Premises in any manner. Tenant agrees that, except for any window being noted as cracked or persons who are permitted in broken on the residential complex by SUBTENANTMove-In Checklist, Tenant shall reimburse Landlord the cost to repair or replace any window that becomes cracked or broken during the Lease term. SUBTENANT Tenants shall also be responsible for replacing damages to the Premises caused by theft, break-ins, accidents or unexplained events of the Premises. Tenants shall pay for any extermination costs for any pests, except as required by applicable law. Landlord reserves the right to charge a fee for any request made by Tenant for the repair of any item that Landlord determines was not a reasonable or necessary request. Tenant shall not incur any liabilities or expenses chargeable to Landlord. Tenant must make arrangements to provide access to the Premises to all light bulbs and unclogging of toilets. Should a plumber be persons whose entry is reasonably required to unclog make any repairs to the toilet(s) Premises. Prior to entry, Xxxxxx must move all personal property from, and it is found to be SUBTENANT’S faultclean, the charge for area where the plumber repairs will be made as reasonably necessary to complete the SUBTENANT’S responsibilityrepairs. SUBTENANT shall not make any alterations to. Tenant must remove or kennel unfriendly animals, or decorate animals that will impede completion of repairs. If a repair person retained by Xxxxxxxx is unable to enter or access the Premises, without LANDLORDis unable to complete the repairs, or is delayed in completing the repairs due to Tenant’s prior written approval failure to perform any obligations stated in this Section, Tenant shall pay any charge incurred by Landlord, including time and shall, upon termination of tenancy, remove any alterations and decorating and restore mileage and/or cost to cancel or reschedule the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesrepair.

Appears in 1 contract

Samples: Rental Agreement

Repairs. In Section 9.01. (A) Tenant shall keep the event of a breakdown interior and exterior of the electrical or mechanical systemsDemised Premises in good condition and repair as they are at the Commencement Date, LANDLORD and shall not redecorate, paint and renovate the Demised Premises as may be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees necessary to keep the Rented Premises them in a reasonable state of cleanliness such condition and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementrepair, reasonable wear and tear tear, casualty and condemnation excepted. See Schedule 2 - Damage/Other Charges Landlord shall be responsible for charges any necessary maintenance, repairs or replacement to all systems including but not limited to the mechanical, plumbing, and electrical systems located outside of the Demised Premises and the cost of same shall be included in CAM subject to Section 7.9, except that may applyLandlord shall be solely responsible for repairs and replacement to the HVAC system but Tenant shall, at all times to keep a maintenance and service contract in effect to provide for customary and periodic preventative maintenance of the HVAC system. MAINTENANCE SUBTENANT covenants to advise LANDLORDTenant shall keep the Demised Premises and all parts thereof in a clean and sanitary condition and free from trash, via e-mailflammable material and other objectionable matter. Notwithstanding the foregoing, of Landlord shall be responsible, at Landlord’s sole cost and expense, for any repairs or maintenance required replacements to be done the roof and structure of the Demised Premises, unless such repairs are necessitated by LANDLORDthe acts or omissions of the Tenant. It is agreed In the event that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD Landlord is required to undertake by law make any repairs to the roof or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance structure of the Building as a result of Tenant’s acts or omissions, then Landlord shall xxxx Tenant for the cost of the work performed, and Tenant shall reimburse Landlord for the cost of such work within thirty (30) days after Landlord’s demand therefore. Additionally, prior to the commencement of any work performed on, in or about the Demised Premises, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work and final lien waivers from all such contractors and subcontractors.

Appears in 1 contract

Samples: Lease (Micronetics Inc)

Repairs. In (a) Landlord’s obligation with respect to repair as part of Basic Services shall be limited to (i) the event of a breakdown structural portions of the electrical 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 that serve Tenant exclusively and any supplemental heating and air conditioning systems (including all plumbing connected to said facilities or mechanical systems)], LANDLORD and (v) Common Areas. Landlord shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs deemed to have breached any obligation with reasonable diligence. If SUBTENANT hires a service person without respect to the consent condition of LANDLORD, any part of the xxxx Project unless Tenant has given to Landlord written notice of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in any required repair and Landlord has not made such repair within a reasonable state time following the receipt by Landlord of cleanliness and such notice. The foregoing notwithstanding: (i) Landlord shall not be liable for the costs of required to repair of damage to any of the Rented Premises or residential complex foregoing to the extent caused by the willful acts or negligent conduct omissions of SUBTENANTTenant or it agents, other occupants employees or contractors, except to the extent covered by insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be governed by the Premises or persons who are permitted in provisions of Paragraph 9. Landlord shall have the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging right but not the obligation to undertake work of toilets. Should a plumber be repair that Tenant is required to unclog the toilet(s) perform under this Lease and it is found that Tenant fails or refuses to be SUBTENANT’S fault, the charge perform in a timely and efficient manner. All costs incurred by Landlord in performing any such repair for the plumber will account of Tenant shall be repaid by Tenant to Landlord upon demand, together with an administration fee equal to fifteen percent (15%) of such costs. 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 SUBTENANT’S responsibility. SUBTENANT shall not make making of any repairs, alterations to, or decorate improvements in or to any portion of the Premises, without LANDLORDthe Building or the Project. Tenant waives the right to make repairs at Landlord’s prior written approval and shallexpense under any law, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was statute or ordinance now or hereafter in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseffect.

Appears in 1 contract

Samples: Office Lease (Medianet Group Technologies Inc)

Repairs. The TENANT is responsible to promptly notify the LANDLORD of any and all repairs or potential repairs needed, regardless of cause and/or extent. The LANDLORD is responsible for all repairs caused by normal wear and tear and non- TENANT-negligent mechanical failure exceeding $75.00 in cost. The TENANT is responsible for all other repairs and/or other costs associated with having a Vendor go to the property. The TENANT is also responsible for any and all repairs and/or Vendor charges which do not exceed $75.00, no matter the cause. In the event that the repair would have cost less than $75.00, but failure to repair led to subsequent damage exceeding that amount, the TENANT is responsible for the full cost of a breakdown said repair and subsequent damages. In the event that the TENANT fails to report any needed repair or damage within TWO (2) days of occurrence, then the TENANT will be responsible for the full cost of any subsequent repair and/or subsequent damage, injury or death caused by the failure to initially report the problem. If any repairs exceeding $75.00 are done WITHOUT the LANDLORD’s permission and/or supervision, then, at the LANDLORD’s option, the cost of said repairs will be totally borne by the TENANT, regardless of the electrical type or mechanical systems, LANDLORD extent of the repairs. The toilets and other water and sewer apparatus and fixtures shall not be liable used for damages purposes other than for which they were intended. No sweepings, rags, disposable diapers, sanitary napkins or personal discomfort; howeverother improper articles shall be discarded therein. The cost of repairing any damage resulting from misuse or neglect by the TENANT shall be borne COMPLETELY by the TENANT. The LANDLORD reserves the right to select repair person(s) to repair all damages. TENANT Initials: The LANDLORD reserves the right to perform periodic inspections of the property. Appropriate notice will be given for such inspection, LANDLORD shall carry out repairs with reasonable diligenceusually at least 24 hours. Failure to allow such inspections will result in TENANT DEFAULT. If SUBTENANT hires a service person without the consent an inspection uncovers problems including, but not limited to, unreported pets, unreported additional occupants, unreported needed repairs, damages beyond normal wear-and-tear, observance of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises any situation that is in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants violation of the Premises or persons who are permitted lease, etc., then the TENANT may receive a 7-DAY NOTICE TO CURE (that is, to correct the situation). Failure to CURE will result in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesDEFAULT.

Appears in 1 contract

Samples: Residential Lease

Repairs. In Notwithstanding the event provisions of Section 7.1 above, Landlord, as a breakdown Direct Operating Expense (subject to the exclusions set forth in Section 4.3 above), shall repair and maintain the water cooling tower serving the Project, fire and life safety systems for the Building, the elevators in the Building, and the exterior and structural portions of the electrical Building (which shall only consist of the roof, the foundation and the exterior walls) in good condition unless such maintenance and repairs are caused in part or mechanical systemsin whole by the act, LANDLORD neglect, fault, or omission of any duty by the Tenant, its agents, servants, employees, contractors, licensees or invites, in which case Tenant shall pay Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for damages any such repairs or personal discomfort; howeverto 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. In making such repairs, LANDLORD Landlord shall carry out repairs use reasonable efforts to minimize interference with reasonable diligenceTenant's business and the interruption or reduction in services to Tenant. If SUBTENANT hires a service person without the consent of LANDLORDExcept as provided in Article 13 hereof, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and there shall be liable for no abatement of any item of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the costs making of repair any repairs, alterations, or improvements in or to any portion of damage to the Rented Premises Building or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in or to fixtures, appurtenances, and equipment therein. Tenant waives the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required right to unclog the toilet(s) and it is found to be SUBTENANT’S faultmake repairs at Landlord's expense under any law, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations tostatute, or decorate the Premisesordinance now or hereafter in effect. However, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises if Landlord fails to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of perform any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or Landlord under this AgreementSection 7.2, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance and such failure substantially interferes with Tenant's use and enjoyment of the Premises, then Tenant may provide written notice of such failure and of Tenant's intention to perform such repairs or maintenance. If Landlord does not commence such repairs and maintenance within thirty (30) days after delivery of Tenant's notice, and thereafter use reasonable due diligence to complete such repairs and maintenance, Tenant may complete such repairs and maintenance and may offset the reasonable costs and expenses incurred by Tenant to do so against Tenant's Pro-Rata Share of Direct Operating Expenses to the extent that such costs and expenses exceed the amount that would have been payable by Tenant as its Pro-Rata Share of Direct Operating Expenses had such repairs and maintenance been performed by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Idec Pharmaceuticals Corp / Ca)

Repairs. In (a) Landlord shall (i) keep the event of a breakdown core and shell (as defined in Section 12.5), the roof, exterior walls, foundation and structural frame of the electrical or mechanical systemsBuilding and the Common Area in good order, LANDLORD shall not be liable for damages or personal discomfort; repair and condition (excluding, however, LANDLORD shall carry out all repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees which Tenant is obligated to keep the Rented Premises in a reasonable state of cleanliness make or pay for pursuant to this Section 8.1 and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, all repairs which any other occupants tenant of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD Building is required to undertake by law or under this Agreementmake pursuant to the terms of such tenant’s lease), SUBTENANTconsistent with comparable Class A office building standards, except at all times during the Term, and (ii) keep in the case of an emergencygood order, shall not call on any person not employed by LANDLORD to affect any repair or maintenance condition and repair, consistent with comparable Class A office building standards, all outside windows of the PremisesDemised Premises and the base Building electrical, plumbing, heating, ventilating and air conditioning systems servicing the Demised Premises (other than as set forth in Section 8.1(b) below). Landlord’s repair obligations hereunder shall include the “replacement” of items for which Landlord is responsible for repair hereunder, as opposed to repairs to such items, if such items have reached the end of their useful life (as determined by Landlord, in good faith), and if the replacement (in lieu of repair) of such items would be the commercially reasonable course of action in accordance with comparable Class A office building standards. Tenant shall give Landlord prompt notice of any defective condition in any base Building plumbing, heating system or electrical lines 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 necessitated by any default by Tenant hereunder or by any negligence or willful misconduct attributable to Tenant, Tenant’s agents, employees, invitees or licensees; provided, however, that no liability of Landlord to Tenant shall accrue hereunder unless and until Tenant has given notice to Landlord of the specific repair to be made.

Appears in 1 contract

Samples: Lease Agreement (SXC Health Solutions Corp.)

Repairs. In the event of a breakdown (a) Landlord shall be responsible at its sole cost and expense for any replacement as it deems necessary or advisable of the electrical or mechanical systemsroof and structural components (i.e., LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without exterior walls and foundation) of the consent of LANDLORD, Building in which the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness are located and shall be liable for the costs replacement as it deems necessary or advisable of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANTheating, other occupants ventilating and air conditioning systems of the Premises ("HVAC System"). Landlord shall perform such work after reasonable notice to Tenant and at a time and in a manner so as to minimize the disruption of or persons who are permitted interference with Tenant's normal conduct of business or access to the Premises and in conformance with all security requirements reasonably imposed upon the Premises by the Tenant, but nothing contained herein shall require Landlord to incur overtime expenses for any such work. Except as set forth in the residential complex by SUBTENANTpreceding paragraph, Tenant shall, commencing on the Commencement Date and thereafter at all times, be solely responsible at its sole cost and expense for keeping each and every element of every kind and nature of the Premises and the Building thereon repaired, maintained, replaced or added to so as to maintain the same in good order, in sanitary and safe condition and repair, and in compliance with all governmental laws, ordinances, codes and other requirements and all insurance requirements. SUBTENANT Those elements of the Premises for which Tenant shall also be responsible for replacing all light bulbs include, by way of example and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S faultnot limitation, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANTfollowing, except as otherwise provided in the case of an emergency, shall not call on any person not employed by LANDLORD paragraph (a) above: all repairs and replacements to affect any repair or and maintenance of the PremisesBuilding, its mechanical, electrical and plumbing systems, fixtures and other improvements and the HVAC system and elevators (each of which shall be maintained and repaired by a service company reasonably acceptable to Tenant, pursuant to a contract reasonably acceptable to Tenant) and all grounds, sidewalks and parking areas, including snow and ice removal. All such costs incurred by Tenant in connection with this paragraph shall be deemed Operating Expenses. Except for Landlord's replacement obligations as expressly set out in the paragraph above, this Lease shall be absolute net to Landlord, with no right whatsoever by Tenant of setoff, deduction or recoupment. Landlord shall not assess Tenant any management or administrative fees in connection with this Lease.

Appears in 1 contract

Samples: Lease (Southern Connecticut Bancorp Inc)

Repairs. In Landlord shall maintain and repair the event exterior of a breakdown and the public portions of the electrical Building and all Building systems servicing the Demised Premises. Tenant shall, throughout the term of this lease, take good care of the Demised Premises and the fixtures and appurtenances therein and at Tenant's sole cost and expense promptly make all repairs thereto and to the Building, whether structural or mechanical systemsnon-structural in nature, LANDLORD caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees. Tenant shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of also repair of all damage to the Rented Building and the Demised Premises or residential complex caused by the willful moving of Tenant's fixtures, furniture or negligent conduct equipment. All the aforesaid repairs shall be of SUBTENANT, other occupants of the Premises quality or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises class equal to the same condition as it was in on the date of commencement of this Tenancy Agreementoriginal work or construction. If Tenant fails, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants after ten (10) days written notice, to advise LANDLORD, via e-mail, of any proceed with due diligence to make repairs or maintenance required to be done made by LANDLORDTenant, the same may be made by the Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible, as additional rent, after rendition of a bill or statement therefor. It is agreed that If the Demised Premises be or become infesxxx with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Landlord prompt notice of any request defective condition in any plumbing, heating system or electrical lines located in the Demised Premises and following such notice, Landlord shall promptly remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as hereinafter provided, there shall be no allowance to the Tenant for maintenance a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the Building or the Demised Premises or in and to the fixtures, appurtenances or equipment thereof. The provisions of this Article 4 with respect to the making of repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except apply in the case of an emergency, fire or other casualty with regard to which Article 9 shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesapply.

Appears in 1 contract

Samples: Loft Lease (Sparta Commercial Services, Inc.)

Repairs. In the event of a breakdown of the electrical or mechanical systemsOwner agrees that Beekeeper will not perform repairs, LANDLORD shall not be liable responsible to repair or replace any materials removed. Owner further agrees that Beekeeper shall not be responsible for damages any incidental damage to the property and Owner shall be solely responsible for full repairs to the property once the bee colony is removed creating a safe environment for construction. Owner understands that his or personal discomforther repairman performing the repairs must promptly seal up the cavity and cavity entrance properly to ensure that no other colony of honeybees will find and inhabit the same location in the future. It is the Owner’s sole responsibility to communicate this information to the contractor. Owner understands he or she is urged to obtain an estimate of repair costs prior to the commencement of bee removal. The Beekeeper will consult with the repairman at no charge to ensure the repairman knows what the Beekeeper expects to do. Owner understands that bees are wild insects and are in no way controlled by Beekeeper; howevertherefore, LANDLORD shall carry out repairs with reasonable diligenceBeekeeper may or may not be able to remove 100% of the bees. If SUBTENANT hires a service person without the consent of LANDLORDFurthermore, the xxxx of service Beekeeper makes no warranty that the bees will be not return to the structure from which they were removed if measures are not taken to prevent their reentry. It is the responsibility of SUBTENANTthe contractors completing “reconstruction” to use appropriate materials to prevent insect intrusion and cover any vent holes with appropriate hardware cloth to prevent bees from reentering the structure. CARE OF RENTED PREMISES SUBTENANT All previously occupied voids should be filled with insulation or other suitable material to prevent recolonization. Owner agrees to keep indemnify and hold the Rented Premises in a reasonable state Beekeeper harmless from any claim, expense or liability arising out of cleanliness and shall be liable for the costs of repair of Beekeeper's performance under this agreement, including but not limited to claims arising from bee stings to persons or damage to the Rented Premises or residential complex property caused by the willful bee removal activities. Fischers Bee-Quick ® and Bee Go™ is a harmless essential oil and may be used to force the bees to evacuate the space in which they are nesting. Pesticides Owner will not apply any pesticides or negligent conduct of SUBTENANT, other occupants of harmful substances on or near the Premises bee colony or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make on any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in blooming plants on the date of commencement of this Tenancy Agreement, reasonable wear and tear exceptedproperty until after the Beekeeper reports that the removal work is complete. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be Owner has applied the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in following pesticides on the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.following approximate dates: • • •

Appears in 1 contract

Samples: www.shiflethouse.com

Repairs. In Landlord shall, throughout the event of a breakdown Term, maintain and repair the basic structure and public portions of the electrical Building, both exterior and interior, including (without limitation), all load bearing walls and the roof and all plate glass. Landlord shall insure, light, repair, keep and otherwise maintain all portions of the public lobby and stairways within the Building and the sidewalks, parking areas, curbs, passageways, and boardwalk areas adjoining or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage appurtenant to the Rented Premises or residential complex caused by Building. Tenant shall, throughout the willful or negligent conduct of SUBTENANTTerm, other occupants take good care of the interior of the Demised Premises or persons who are permitted and Tenant's fixtures and appurtenances therein and at Tenant's cost and expense, shall make all non-structural repairs thereto as and when needed to preserve them in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs good working order and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementcondition, reasonable wear and tear tear, obsolescence and damage from the elements, fire or other casualty excepted. See Schedule 2 - Damage/Other Charges for charges that may applyNotwithstanding the foregoing, all damage or injury to the Demised Premises or to any other part of the Building, including plate glass, or to the Building's fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, approximately caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's invitees, clients or licensees, shall be repaired promptly by Tenant at Tenant's sole cost and expense, to the satisfaction of Landlord. MAINTENANCE SUBTENANT covenants Tenant shall also promptly repair all damage to advise LANDLORDthe Building and the Demised Premises approximately caused by the moving of Tenant's fixtures, via e-mail, furniture or equipment. All repairs by Tenant shall be of quality or class equal to the original work or construction. If Tenant fails after ten (10) business days' written notice to proceed with due diligence to make any repairs or maintenance required to be done made by LANDLORD. It is agreed that any request for maintenance or repairs not Tenant hereunder, the same may be made via e-mail shall not be by Landlord at the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.expense of

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (I3 Mobile Inc)

Repairs. In (a) Landlord shall maintain in good condition and repair (i) the event of a breakdown structural portions of the electrical 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 that serve Tenant exclusively and any supplemental heating and air conditioning systems (including all plumbing connected to said facilities or mechanical systemssystems serving only the Premises)], LANDLORD (v) Common Areas (including lighting in the Common Areas and snow and ice removal from sidewalks abutting the Building), and (vi) the Installation Area, except those elements of such area that Tenant is required to repair under Section 5(b) below. Landlord shall not be liable for damages deemed to have breached any obligation with respect to the condition of any part of the Land or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent Building unless Tenant has given to Landlord written notice of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in any required repair and Landlord has not made such repair within a reasonable state time following the receipt by Landlord of cleanliness and such notice. The foregoing notwithstanding: (i) Tenant shall be liable pay for the costs cost of repair any repairs as a result of damage to any of the Rented Premises or residential complex foregoing to the extent caused by the willful acts or negligent conduct omissions of SUBTENANTTenant or it agents, other occupants of employees or contractors, except to the Premises extent such repairs are covered by insurance carried or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog be carried by Landlord pursuant to the toilet(sprovisions of Paragraph 8(e) below; and it (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be governed by the provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake work of repair that Tenant is found required to be SUBTENANT’S faultperform under this Lease and that Tenant fails or refuses to perform within applicable periods (including applicable notice and grace periods, the charge if any). All costs reasonably incurred by Landlord (including out of pocket costs and a reasonable allocation of Landlord’s internal costs if employees of Landlord perform such work or repair) in performing any such work or repair for the plumber will account of Tenant shall be repaid by Tenant to Landlord upon demand, together with an administration fee equal to ten percent (10%) of such costs. Except as expressly provided in this paragraph and in Paragraphs 9 and 7(f) of this Lease, there shall be no abatement of Rent and except for the SUBTENANT’S responsibility. SUBTENANT shall not obligation to make repairs necessitated by Landlord’s acts or omissions, no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations to, or decorate improvements in or to any portion of the Premises, without LANDLORDthe Building or the Land. Landlord agrees to use reasonable efforts to minimize disruption to Tenant’s prior written approval and shalloperations in connection with Landlord’s repairs. Tenant waives the right to make repairs at Landlord’s expense under any law, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was statute or ordinance now or hereafter in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseffect.

Appears in 1 contract

Samples: Office Lease (Juniper Pharmaceuticals Inc)

Repairs. BROKER is given the right to spend in the amount not to exceed $250.00 in any one month during this agreement to purchase items, cleaning, make repairs, and pay for same out of LANDLORD's funds, and, if inadequate, LANDLORD shall be billed for the difference. After the TENANT vacates and funds are available for use from the TENANT’S security deposit, BROKER is given the right to spend up to the full amount of the monies claimed from the TENANT’S security deposit PLUS the aforementioned amount to purchase items, for cleaning, to make repairs, pay for repairs, and, if inadequate, LANDLORD shall be billed for the difference. In case of emergency, i.e. air conditioning, heat, refrigerator, range or plumbing or any other repair the BROKER deems an emergency and or necessary in BROKER's sole judgment for the safety of the TENANT (S) or the welfare of the property, BROKER has authority to institute repairs, even if over the aforementioned limit and LANDLORD agrees to be responsible for the sums expended. In the event repairs are made, BROKER shall withhold the amount disbursed from the next ensuing rent payment or from any rents received but not yet forwarded to LANDLORD. BROKER will arrange for all repairs, inspections, maintenance and cleanings, unless XXXXXXXX has notified BROKER in writing prior to the commencement of repairs to use someone else that LANDLORD has selected, and LANDLORD makes arrangements with third party direct. XXXXXXXX agrees that they shall pay third party direct and shall indemnify and hold BROKER harmless for payment of same. BROKER uses only licensed and insured vendors for maintenance and repairs to rental properties. In some instances a breakdown licensed and insured vendor may also be related to an agent or staff member of ALL CITRUS RENTALS AND SALES LLC AND THE XXXXXXXX GROUP. Landlord hereby consents to their use at the discretion of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesBROKER.

Appears in 1 contract

Samples: Management Agreement

Repairs. In Tenant will, at its own expense and subject to the event provisions of a breakdown Article 8 of this Lease, keep the electrical Premises in good _____ and tenantable condition at all times during the Term of this Lease, and Tenant shall 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 mechanical systemsrepair all damaged or broken glass (including any glass demising walls and signs thereon), LANDLORD fixtures and appurtenances, under the direct supervision and with the approval of Landlord and within any reasonable period of time specified by Landlord. If Tenant does not do so, or at Landlord's election, Landlord may, but need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions) shall be deemed additional rent reserved under this Lease due and payable forthwith. Landlord may, but shall not be liable required so 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 damages air conditioning service, as Landlord shall desire or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable deem necessary for the costs of repair of damage to the Rented Premises safety, preservation or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants improvement of the Premises or persons who are permitted the Building or any equipment located in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber Building, or as Landlord may be required to unclog do by the toilet(s) and it is found 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 be SUBTENANT’S faultmake repairs, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toalterations, improvements or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges Premises all material that may apply. MAINTENANCE SUBTENANT covenants be required to advise LANDLORDmake such repairs, via e-mailalterations, improvements or additions and, during the continuance of any repairs of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or maintenance required temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages to be done by LANDLORD. It is agreed that any request for maintenance Tenant's property, business or repairs not made via e-mail 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 the subject entitled to maintain any set-off or counterclaim for damages of any legal proceeding kind against Landlord by SUBTENANT against ORIGINAL TENANT or LANDLORD reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.and

Appears in 1 contract

Samples: Winston Furniture Co of Alabama Inc

Repairs. In (a) Landlord’s obligation with respect to repair shall be limited to keeping and maintaining (i) the event of a breakdown structural portions of the electrical 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 that portion of any kitchen facilities located within the Premises that serve Tenant exclusively and any supplemental heating and air conditioning systems (including all plumbing connected to said facilities or mechanical systemssystems located within the Premises ), LANDLORD (v) the restrooms (even those restrooms located within the Premises) and (vi) Common Areas in first-class condition commensurate with first-class office buildings located in the Financial District of San Francisco, California and in a clean and neat condition (collectively the “Landlord Repairs”). Landlord shall not be liable for damages 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 thirty (30) days following the receipt by Landlord of such notice. The foregoing notwithstanding the obligations of Landlord pertaining to damage or personal discomfort; however, LANDLORD destruction by casualty shall carry out repairs with reasonable diligencebe governed by the provisions of Paragraph 9. If SUBTENANT hires a service person without Landlord shall have the consent of LANDLORD, right but not the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees obligation to keep the Rented Premises undertake repair work that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform in a reasonable state timely and efficient manner after expiration of cleanliness all applicable notice and cure periods. All costs reasonably incurred by Landlord in performing any such repair for the account of Tenant shall be liable for repaid by Tenant to Landlord upon demand, together with an administration fee equal to five (5%) of such costs. Except as expressly provided in Paragraph 9 of this Lease and subject to compliance with the costs following sentence, there shall be no abatement of repair Rent and no liability of damage Landlord by reason of any injury to or interference with Tenant’s business arising from the Rented Premises making of any repairs, alterations or residential complex caused by the willful improvements in or negligent conduct to any portion of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORDthe Building or the Project. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was business in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of making any repairs or maintenance required replacements to be done by LANDLORD. It is agreed that any request for maintenance the Building or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises. Excluding Tenant’s self-help rights expressly set forth in this Lease, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature).

Appears in 1 contract

Samples: Lease Agreement (Salesforce Com Inc)

Repairs. In 4. Except as provided in Art. 49 of the event Rider, Owner shall maintain and repair the exterior of and the public portions of the building. Tenant shall, throughout the term of this lease, take good care of the demised premises including the bath rooms and lavatory facilities (if the demised premises encompass the entire floor of the building) and the fixtures and appurte nances therein and at Tenant's sole cost and expense promptly make all repairs thereto and to the building, whether structural or non-structural in nature, required by said Article 49, and all those repairs caused by or resulting from the carelessness omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees, and whether or not arising from such Tenant conduct or omission, when required by other provisions of this lease, including Article 6. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails, after ten days notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Owner at the expense of Tenant, and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a breakdown xxxx or statement therefor. If the demised premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines serving the demised premises which under Article 49 Owner is required to repair, and following such notice, Owner shall remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided in Article 48 or elsewhere in this lease, there shall be no allowance to the Tenant for a diminution 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 realize any repairs, alterations, additions or improvements in or to any portion of the electrical building or mechanical systemsthe demised premises or in and to the fixtures, LANDLORD appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be liable entitled to any set off or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease except as otherwise specifically provided in this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of any action for damages or personal discomfort; however, LANDLORD shall carry out repairs for breach of contract except where rent setoff is specifically permitted. The provisions of this Article 4 with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage respect to the Rented Premises or residential complex caused by the willful or negligent conduct making of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT repairs shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except apply in the case of an emergency, force or other casualty with regard to which Article 48 hereof shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.apply. Window Cleaning:

Appears in 1 contract

Samples: Impath Inc

Repairs. In (a) Landlord’s obligation with respect to repair as part of Basic Services shall be limited to (i) the event of a breakdown structural portions of the electrical or mechanical Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof, (iv) heating, ventilation, air conditioning, mechanical, electrical, plumbing and life safety systems, LANDLORD and (v) Common Areas. Landlord shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs deemed to have breached any obligation with reasonable diligence. If SUBTENANT hires a service person without respect to the consent condition of LANDLORD, any part of the xxxx Project unless Tenant has given to Landlord written notice of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in any required repair and Landlord has not made such repair within a reasonable state time following the receipt by Landlord of cleanliness and such notice. The foregoing notwithstanding: (i) Landlord shall not be liable for the costs of required to repair of damage to any of the Rented Premises or residential complex foregoing to the extent caused by the willful acts or negligent conduct omissions of SUBTENANTTenant or it agents, other occupants employees or contractors, except to the extent covered by insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty not caused by the Premises acts or persons who are permitted in omissions of Tenant or its agents or employees shall be governed by the residential complex by SUBTENANTprovisions of Paragraph 9. SUBTENANT Landlord shall also be responsible for replacing all light bulbs and unclogging have the right but not the obligation to undertake work of toilets. Should a plumber be repair that Tenant is required to unclog the toilet(s) perform under this Lease and it is found that Tenant fails or refuses to be SUBTENANT’S fault, the charge perform in a timely and efficient manner. All reasonable costs incurred by Landlord in performing any such repair for the plumber will account of Tenant shall be repaid by Tenant to Landlord upon demand, together with an administration fee equal to five percent (5%) of such costs. 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 SUBTENANT’S responsibility. SUBTENANT shall not make making of any repairs, alterations to, or decorate improvements in or to any portion of the Premises, without LANDLORDthe Building or the Project. Tenant waives the right to make repairs at Landlord’s prior written approval expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and shall, upon termination any successive sections or statutes of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisessimilar nature).

Appears in 1 contract

Samples: Office Lease (Somaxon Pharmaceuticals, Inc.)

Repairs. In If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the event of a breakdown Premises, the Common Areas and the portions of the electrical Project serving the Premises and Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to the Tenant Improvements and any Alterations to be used solely for restoring such Tenant Improvements and Alterations (and not the Buildings or mechanical systemsProject in general); provided that if the cost of the restoration of the Tenant Improvements and any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, LANDLORD as assigned by Tenant to Landlord, such excess shall be paid by Tenant (“Tenant’s Contribution”) to Landlord prior to Landlord’s restoration thereof. Notwithstanding the foregoing, Tenant may elect to modify or otherwise reduce the scope of such Tenant Improvements or Alterations so as to minimize any Tenant’s Contribution. Subject to the foregoing, such restoration shall be to substantially the same condition of such items as prior to the casualty, except for modifications (a) required by Law; or (b) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the Project. No such modifications shall materially impair use of or access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of Tenant’s Property. Landlord shall not be liable for damages any loss of business, inconvenience, or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent annoyance arising from any casualty or any repair or restoration of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants any portion of the Premises or persons who are permitted in the residential complex Project as a result of any damage from any casualty. All work by SUBTENANT. SUBTENANT Tenant shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises subject to the same condition as it was in on the date terms and conditions of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesArticle 11.

Appears in 1 contract

Samples: Office Lease (ShockWave Medical, Inc.)

Repairs. Tenant will during the Term, at its sole cost and expense, maintain the Premises and the fixtures and appurtenances therein in good order, condition and repair, and will neither commit nor suffer any active or permissive waste or injury thereof. At all times during the Term, Tenant shall maintain the Premises in accordance with all laws, rules and regulations governing its occupancy of the Premises. Tenant's responsibilities in conjunction therewith shall include, but not be limited to, maintaining the Premises in a first-class condition and state of repair. Tenant shall, at Tenant's expense, but under the direction of Landlord and performed by Landlord's employees or agents, or with Landlord's express written consent, by persons requested by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant's contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. In the event of any repairs are required to be made in or to the Premises as a breakdown result of the electrical actions or mechanical systemsinactions of Tenant, LANDLORD its agents, contractors, servants, employees, subtenant, concessionaires, licensees, invitees or guests, Tenant shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing payment of all light bulbs and unclogging of toiletssuch repairs, which shall be made by Landlord or its contractors. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall If Tenant does not make any alterations torepairs promptly and adequately, or decorate the Premises, without LANDLORD’s Landlord may following reasonable prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, (except in the case of an emergency), but need not, make repairs, and Tenant shall promptly pay the cost thereof as Rent in addition to the Base Rent and Additional Rent. Tenant shall pay Landlord as Rent in addition to the Base Rent and Additional Rent for overtime and for any other expense incurred in the event repairs, alterations, decorating or other work in the Premises are not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesmade, at Tenant's request, during ordinary business hours.

Appears in 1 contract

Samples: Lease Agreement (Nuveen John Company)

Repairs. In Licensee will not commit waste upon or injure the boat slip but will maintain it and the equipment it contains in a clean and attractive condition. Upon termination of this License Agreement, Licensee shall surrender and deliver up the boat slip and its equipment attached thereto to BHA in the same condition in which it existed at the commencement of this License Agreement, excepting ordinary wear and tear, damage arising from acts of God and damage required thereunder to be repaired by BHA. Upon the condition precedent that Licensee shall have given BHA written notice of the items needing repair, BHA will repair the mooring pilings, catwalk and bulkhead or pier forming or adjacent to the boat slip within a reasonable time after being so notified (except that if damage to any one of such structures is caused by one or more acts or omissions of Licensee, its guests or invitees, Licensee shall bear the cost of such repairs). BHA shall have the right, but not the obligation, to enter upon any part of the boat slip at all reasonable hours to inspect same and to make repairs thereto, and in connection with the making of repairs, to temporarily relocate any vessel moored therein. If BHA considers necessary any maintenance, cleaning or repairs required by the provisions of this License Agreement to be made by Licensee, BHA may request Licensee to make such repairs or maintenance or perform such cleaning and upon Licensee's failure or refusal to do so within ten (10) days (or in case of an emergency whether or not BHA shall have requested or obtained Licensee's prior consent) BHA shall have the right (but no obligation) to perform such maintenance or make such repairs whereupon Licensee shall, upon demand by BHA, be responsible to reimburse BHA for the cost of such repairs. Any sum for which Licensee shall become liable to reimburse BHA shall be deemed to be a portion of the boat slip fee due and owing by the Licensee to BHA for purposes of determining BHA's remedies in the event of a breakdown failure to pay such sum to BHA. Licensee shall make no additions or changes in the pilings, the catwalk, the dock or bulkhead (and without limiting the generality of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergencyforegoing, shall not call on install any person not employed by LANDLORD to affect any repair lights, hoists, sheds, covers or maintenance storage lockers) without the prior written consent of the PremisesBHA.

Appears in 1 contract

Samples: License Agreement

Repairs. In Subject to the terms of Section 11 hereof, Tenant will, at Tenant's own expense, keep the Premises in good order, repair and condition at all times during the Term, and Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, under the supervision and subject to the approval of the Landlord (which approval shall not unreasonably be withheld, conditioned or delayed), and within any reasonable period of time specified by the Landlord. If Tenant does 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 percentage (not to exceed 10%) 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, within ten (10) days of being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times and with prior reasonable notice (which notice may be verbal, and except that no notice shall be required in the event of a breakdown of the electrical or mechanical systemsan emergency) to make such repairs, LANDLORD shall not be liable for damages or personal discomfort; howeveralterations, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees improvements and additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Building or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Building as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog do by governmental authority or court order or decree. Landlord agrees to use reasonable efforts not to interfere with the toilet(sconduct by Tenant of its business in the Premises during ordinary business hours in connection with any such work performed by Landlord. 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 (including the replacement) consistent with a Class "A" office building in downtown Chicago and it is found to be SUBTENANT’S faultmaintain in compliance with all applicable laws at all times during the Term, all structural elements of the Building, including floor and ceiling slabs, the charge for exterior walls and windows, the plumber will be roof, common Building mechanical, plumbing, electrical and HVAC systems, the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toelevators, the washrooms, the lobby of the Building and all other common areas of the Building to the extent such systems or decorate common areas service or are of benefit to the Premises. Landlord represents that, to the best of its knowledge, without LANDLORD’s prior written approval any independent inquiry or investigation, all common Building mechanical, plumbing, electrical and shall, upon termination of tenancy, remove any alterations and decorating and restore HVAC systems serving the Premises to the same condition are in good working order and repair as it was in on of the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesLease.

Appears in 1 contract

Samples: Agreement (Orbitz Inc)

Repairs. In the event of a breakdown property loss which may be repaired within one hundred twenty (120) days from the date of the electrical or mechanical systemsdamage, LANDLORD or, in the alternative, in the event the parties do not elect to terminate this Lease under the terms of Section 19.1 above, then this Lease shall continue in full force and effect and Landlord shall forthwith undertake to make such repairs to reconstitute the Leased Premises to as near the condition as existed prior to the property loss as practicable. Landlord shall not be liable for damages required to repair or personal discomfort; howeverreplace any damage or loss by or from fire or other cause to any panelings, LANDLORD decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Leased Premises by, or belonging to, Tenant. Such partial destruction shall carry out repairs 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 are restored. Such reduction shall be based on the ratio that the square footage of the damaged portion of the Leased Premises bears to the total square footage of the Leased Premises. So long as Tenant conducts its business in the Leased Premises, there shall be no abatement with reasonable diligencerespect to the portion of the Leased Premises that Tenant is conducting business. If SUBTENANT hires a service person without Upon the consent resolution of LANDLORDthe dispute, the xxxx of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and settlement shall be liable for retroactive and Landlord shall within ten (10) days thereafter refund to Tenant any sums due in respect of the costs reduced rental from the date of repair 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 damage the Term hereof. Notwithstanding anything to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANTcontrary contained in this Lease, other occupants of the Premises or persons who are permitted in the residential complex event the holder of any indebtedness secured by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging a mortgage or deed of toilets. Should a plumber be required to unclog trust covering the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Leased Premises, without LANDLORD’s prior Building and/or Complex requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written approval and shallnotice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in whereupon this Lease shall end on the date of commencement such damage as if the date of such damage were the date originally fixed in this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges Lease for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance expiration of the PremisesTerm.

Appears in 1 contract

Samples: Office Lease (Quotient Technology Inc.)

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